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FIFTY SEVENTH LEGISLATURE - REGULAR SESSION

___________________________________________________________________________________________

FORTY SEVENTH DAY

___________________________________________________________________________________________

House Chamber, Olympia, Friday, March 1, 2002

The House was called to order at 10:00 a.m. by the Speaker (Representative Ogden presiding). 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 Paul Fryer and Rebecca Wylie-Echeverria. Prayer was offered by Reverend Sanford Brown, Executive Director, Deaconess Children's Services, Everett.

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

RESOLUTIONS

HOUSE RESOLUTION NO. 2002-4703, by Representatives Alexander, Hunt and Romero

WHEREAS, The Evergreen State College launched its basketball program a mere five years ago; and

WHEREAS, In their first four seasons, the Geoducks with their head coach John Barbee have gone to the playoffs and have fielded three NAIA All-Americans; and

WHEREAS, This season, the team has achieved a record of 21-5, 15-1 in Cascade Conference play in the NAIA Division II; and

WHEREAS, The Evergreen State College men have won a school record 16 consecutive games and are ranked sixth in the nation; and

WHEREAS, The team won first place in the Cascade Conference and earned a first-ever berth to the NAIA Division II championship series in Branson, Missouri; and

WHEREAS, The Geoducks have demonstrated their commitment to education with the six seniors on the team set to graduate this spring, and to community service by their lunchtime visits to local elementary and middle schools to bring the joy of athletics to children; and

WHEREAS, The players, coaches, and trainers have distinguished themselves not just on the court but through their sportsmanship, professionalism, and dedication to the spirit of competition;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives commend and congratulate The Evergreen State College Geoducks Men's Basketball Program for its considerable achievements and for providing a most entertaining and spirited activity for the community to enjoy and celebrate; and

BE IT FURTHER RESOLVED, That the House of Representatives wish them every success in the regional finals in February and at the national tournament in March.

Representative Alexander moved the adoption of the resolution.

Representatives Alexander and Hunt spoke in favor of the adoption of the resolution.

House Resolution No. 4703 was adopted.

HOUSE RESOLUTION NO. 2002-4721, by Representatives Dunn, Sullivan, Reardon, Ahern and Mulliken

WHEREAS, The Order of the Knights of Columbus is a Catholic fraternal organization which originated in New Haven, Connecticut, in 1882; and

WHEREAS, The Order of the Knights of Columbus was founded upon the bedrock principles of "Charity" and "Unity" to which it remains true today; and

WHEREAS, The Order of the Knights of Columbus consists of Catholic gentlemen committed to the exemplification of works of compassion, fraternity, and patriotism; and

WHEREAS, The Order of the Knights of Columbus has more than 10,500 fraternal councils active in 13 countries; and

WHEREAS, The Order of the Knights of Columbus now numbers over 1.6 million members worldwide, with over 14,000 members residing in the State of Washington; and

WHEREAS, The Order of the Knights of Columbus is firmly committed to the protection and care of life and to the preservation and defense of the family; and

WHEREAS, The Order of the Knights of Columbus' central mission is striving in charitable works in their communities and churches by giving aid to widows, orphans, the sick, and the poor, and acting for the good of their country and

WHEREAS, The Order of the Knights of Columbus sponsors the charity known as the Special Olympics in which children of all creeds and nationalities who suffer certain handicaps are brought together to compete in sports as they are able to participate and in a free-throw contest open to all in four different age brackets competing for local, regional, and national honors; and

WHEREAS, The Order of the Knights of Columbus gives aid to victims of natural disasters, refurbishes homesteads of widows and handicapped with painting, roofing, and general repair, and collects and distributes food, used clothing, and useable furniture for those in need, such as in the recent flooding of Tillamook County; and

WHEREAS, The Order of the Knights of Columbus has donated nearly $1 billion to numerous charitable causes and nearly 400 million hours of volunteer service over the past decade; and

WHEREAS, The Order of the Knights of Columbus in 2001 gave charitable contributions of $35.7 million for Church activities and programs, $48.5 million for community support, and $14 million in direct youth support funding within the United States; and

WHEREAS, The Order of the Knights of Columbus has contributed checks in the amount of $3,000 to 417 widows or survivors of those relief workers killed in the September 11, 2001, attack on the World Trade Center and Pentagon, with such financial support ongoing to those who are still being identified, regardless of whether or not the deceased was affiliated with the Order of the Knights of Columbus; and

WHEREAS, The Order of the Knights of Columbus' volunteer time exceeds 56.7 million man hours in food banks, charitable support groups, as well as community and church functions; and

WHEREAS, The first council of the Order of the Knights of Columbus in Washington was established on June 22, 1902, making this their centennial year in Washington state;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington recognize and honor the Washington state chapter of the Order of the Knights of Columbus and all its members for the 100 years of extraordinary contributions they have made in financial support and charitable works to the church, our communities, and our state for the care of widows, orphans, the sick, and the poor; and

BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Wayne Hogan, State Deputy, Washington State Council, Order of the Knights of Columbus.

Representative Dunn moved the adoption of the resolution.

Representatives Dunn, Ahern and Reardon spoke in favor of the adoption of the resolution.

House Resolution No. 4721 was adopted.

MESSAGES FROM THE SENATE

February 27, 2002

Mr. Speaker:

The Senate has passed:

ENGROSSED SENATE BILL NO. 6564,

and the same is herewith transmitted.

Tony M. Cook, Secretary

February 27, 2002

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 6749,

and the same is herewith transmitted.

Tony M. Cook, Secretary

February 27, 2002

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 6251,

and the same is herewith transmitted.

Tony M. Cook, Secretary

February 27, 2002

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 6793,

and the same is herewith transmitted.

Tony M. Cook, Secretary

February 27, 2002

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 6252,

and the same is herewith transmitted.

Tony M. Cook, Secretary

The Speaker assumed the chair.

MESSAGE FROM THE SENATE

March 1, 2002

Mr. Speaker:

The Senate has passed:

HOUSE BILL NO. 2728,

and the same is herewith transmitted.

Tony M. Cook, Secretary

SIGNED BY THE SPEAKER

The Speaker signed:

HOUSE BILL NO. 2782,

SECOND READING

SECOND SUBSTITUTE SENATE BILL NO. 5949, by Senate Committee on Transportation (originally sponsored by Senators Haugen and Swecker)

Erecting and maintaining motorist information sign panels.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Transportation was before the House for purpose of amendments. (For committee amendment, see Journal, 46^th Day, February 28, 2002, 2002.)

Representative Mitchell moved the adoption of amendment (361) to the committee amendment:

On page 1 line 22 of the striking amendment after "department" insert:

"must let the contract to the highest bidder and"

Representatives Mitchell and Fisher spoke in favor of the adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

Representative Mitchell moved the adoption of amendment (360) to the committee amendment:

On page 1, beginning with "comply" on line 26 of the striking amendment strike all material through "administration" on line 27 and insert:

"maximize revenue from the contracting out of this program"

Representatives Mitchell and Fisher spoke in favor of the adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

The committee amendment as amended was adopted.

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

Representatives Fisher and Mitchell spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Second Substitute Senate Bill No. 5949, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5949, as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 3, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, 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, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 95.

Voting nay: Representatives Cox, Mielke, and Schoesler - 3.

Second Substitute Senate Bill No. 5949, as amended by the House, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2990, by Representatives Schindler, Holmquist, Mielke, Ericksen, Mitchell, Morell, Pflug, Mulliken, Boldt, Woods and Kessler

Continuing transportation efficiencies.

The bill was read the second time. There being no objection, Substitute House Bill No. 2990 was substituted for House Bill No. 2990 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2990 was read the second time.

With the consent of the House, amendment (369) was withdrawn.

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

Representatives Schindler, Cooper and Ericksen spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2990.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2990 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, 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, Morris, 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 - 98.

Substitute House Bill No. 2990, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2995, by Representative Fisher

Allowing vehicle dealers to charge documentary service fees.

The bill was read the second time. There being no objection, Substitute House Bill No. 2995 was substituted for House Bill No. 2995 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2995 was read the second time.

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

Representatives Fisher and Cooper spoke in favor of passage of the bill.

Representatives Mitchell and DeBolt spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2995.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2995 and the bill passed the House by the following vote: Yeas - 56, Nays - 42, Absent - 0, Excused - 0.

Voting yea: Representatives Ballasiotes, Berkey, Casada, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Ericksen, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morell, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, Woods, and Mr. Speaker - 56.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Esser, Hankins, Holmquist, Lisk, Mastin, McMorris, Mielke, Mitchell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, and Van Luven - 42.

Substitute House Bill No. 2995, having received the necessary constitutional majority, was declared passed.

MESSAGE FROM THE SENATE

March 1, 2002

Mr. Speaker:

The Senate has passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 6494,

SUBSTITUTE SENATE BILL NO. 6814,

and the same are herewith transmitted.

Tony M. Cook, Secretary

SECOND READING

HOUSE BILL NO. 2969, by Representative Fisher

Addressing transportation improvement and financing.

The bill was read the second time. There being no objection, Substitute House Bill No. 2969 was substituted for House Bill No. 2969 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2969 was read the second time.

Representative Jarrett moved the adoption of amendment (359):

On page 1, beginning on line 12, strike all material through page 5, line 22 and insert:

NEW SECTION. Sec. 101. It is essential that the legislature improve the accountability and efficiency of the department of transportation. Taxpayers must know that their tax dollars are being well spent to deliver critically needed transportation projects. To accomplish this, an independent transportation accountability process must be established to provide oversight on these transportation projects. This process will provide reports back to the public on how their tax dollars are spent on major projects funded by new transportation taxes.

NEW SECTION. Sec. 102. (1) A transportation audit committee shall be appointed by the chairs of the joint legislative audit and review committee and the legislative transportation committee.

(2) The committee shall consist of eight members, with four members of and appointed by the chair of the joint legislative audit and review committee, and four members of and appointed by the chair of the legislative transportation. Of the four members appointed from each committee, a member of each house and of each of the major political parties must be represented. Serving on the committee shall be considered as being engaged in the business of each of the respective committees from which they are named.

(3) The members of the committee shall elect a chair and vice-chair and shall adopt rules for operation of the committee, including recorded resolutions or motions adopted by the committee.

NEW SECTION. Sec. 103. (1) Staff support to the transportation audit committee must be provided by the joint legislative audit and review committee, which shall provide professional support for the duties, functions, responsibilities, and activities of the committee, including but not limited to information technology systems; data collection, processing, analysis, and reporting; project management; and office space, equipment, and secretarial support.

(2) The committee may also retain other organizations as provided for in section 108 of this chapter in the performance of its duties.

NEW SECTION. Sec. 104. The transportation audit committee shall serve as a single, independent point of accountability for reporting, analyzing, and monitoring the department's performance in delivering improvement projects and programs costing in excess of fifty million dollars funded with new revenues under this act. The department of transportation and the transportation commission must work cooperatively with the committee to carry out the purposes of this chapter. The committee has the following responsibilities:

(1) Direct the department of transportation to submit a quarterly audit report as required under section 105 of this act;

(2) Develop and issue requests for proposals by contracting organizations for quarterly audit report reviews and audit review letters pursuant to section 108 of this act.

(3) Report annually to the governor and the legislature on the department's progress on each project as further defined in section 107 of this act;

(4) When necessary, make policy recommendations for improving efficiencies, savings or improvements in the department's project management, accountability measures, or project delivery mechanisms;

(5) Recommend any leading edge transportation project delivery strategies, oversight, accountability, or efficiency measures.

NEW SECTION. Sec. 105. The department of transportation shall prepare and submit to the audit review contractor as provided for in section 108 of this act, once each quarter, a comprehensive audit report on each transportation project costing in excess of fifty million dollars funded by this act. At a minimum, the audit report must include the following elements:

(1) Project status and any scope changes;

(2) Estimated completion date and cost, noting any changes from past estimates;

(3) Actual project expenditures as compared with projected expenditures;

(4) Any changes in financing for each project;

(5) Claim or change orders that result in greater than a five percent cumulative increase in project cost, or greater than sixty days of delay;

(6) Status of any required permits;

(7) Mitigation efforts to relieve both traffic and environmental impacts;

(8) Evaluation of work force effectiveness, including both state employees and contractors;

(9) Outlook for the upcoming year, including projected accomplishments and challenges;

(10) Copies of any accountability reports filed with the federal highway administration;

(11) Any other useful information the committee requests.

NEW SECTION. Sec. 106. The audit review contractor must review the proposed audit report submitted by the department. After reviewing the information contained therein, the contractor may request additional information or data, or ask for clarifications. The contractor is prohibited from changing any of the data contained in the audit report.

NEW SECTION. Sec. 107. (1) Upon completion of its review under section 106 of this act, the audit review contractor shall forward the quarterly audit report to the transportation audit committee. The committee will accept or reject the audit report.

(a) In determining whether to accept or reject the audit report, the committee:

(i) Will analyze, investigate, and evaluate the data contained in the quarterly audit report;

(ii) Will receive staff support for this evaluation from the joint legislative audit and review committee; and

(iii) May request additional information or data from the department of transportation or the contractor.

(b) As part of the evaluation process, the committee may make recommendations to the department and the transportation commission for efficiencies, savings, or improvements in the department's project management, accountability measures or project delivery mechanisms. The chairman will work with the department and the transportation commission on behalf of the committee to implement changes recommended by the committee.

(2) Upon final acceptance, the committee must forward the audit report to the transportation standing committees of the house of representatives and senate, and to the office of financial management, along with any recommendations of the committee.

(3) The committee must publish and make the audit report available to the public in both print and electronic media.

NEW SECTION. Sec. 118. (1) The committee shall develop and issue requests for proposals from qualified contracting organizations for quarterly audit report reviews and audit review letters. To meet minimum qualifications, a contractor must have experience and expertise relating to major civil engineering and construction works and facilities to include: (a) Design, estimating, contract packaging, and procurement; (b) construction means and methods and construction management and administration; (c) project finance, accounting, controls, and reporting; (d) procedures for obtaining permits and for assuring regulatory compliance; (e) dispute resolution; (f) construction work force training and safety; (g) general public administration; and (h) experience crafting and implementing environmental mitigation plans.

(2) The committee shall select and contract with, with the joint legislative audit and review committee as the contracting agent, a qualified contractor to conduct the quarterly audit report reviews.

(3)Periodically update and reissue the request for proposals for quarterly audit report reviews.

NEW SECTION. Sec. 109. A new section is added to chapter 43.131 RCW to read as follows:

The quarterly audit reporting process, including the contracting out of audit report reviews, shall be reviewed under this chapter before June 30, 2007. The transportation commission and the department transportation shall provide the information necessary for the joint legislative audit and review committee to provide the required review.

NEW SECTION. Sec. 110. Sections 101 through 108 of this act constitute a new chapter in Title 47 RCW.

Representatives Jarrett, Anderson, Mitchell and Hankins spoke in favor of the adoption of the amendment.

Representative Romero spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Mitchell moved the adoption of amendment (362):

On page 12 line 9 after "RCW 46.68.110" insert:

"but only if the local government does not impose transportation impact fees under chapter 82.02, 36.70A, or 43.21C RCW. If the local government imposes transportation impact fees under any of those chapters, the distribution under this subsection (3)(c) will be directed to the motor vehicle fund"

On page 12 line 11 after "RCW 46.68.120" insert:

Representatives Mitchell, Schindler and Holmquist spoke in favor of the adoption of the amendment.

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

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (362) to Substitute House Bill No. 2969.

ROLL CALL

The Clerk called the roll on the adoption of amendment (362) to Substitute House Bill No. 2969, and the amendment was not adopted by the following vote: Yeas - 48, Nays - 50, Absent - 0, 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, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, and Mr. Speaker - 50.

Representative Fisher moved the adoption of amendment (367):

On page 16, line 10, strike "There is hereby created the freight mobility strategic investment account of the motor vehicle" and insert "The freight mobility strategic investment account of the motor vehicle fund is hereby created in the state treasury "

On page 16, beginning on line 19, strike all of subsection (3)

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

The amendment was adopted.

Representative Skinner moved the adoption of amendment (364):

On page 21, beginning on line 29 strike all material through "RCW 47.66.070." on page 23 line 8

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

On page 30 after "201"strike ", 202, and 401" and insert: "and 202"

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

Representatives Murray, Dunshee and Cooper spoke against the adoption of the amendment.

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (364) to Substitute House Bill No. 2969.

ROLL CALL

The Clerk called the roll on the adoption of amendment (364) to Substitute House Bill No. 2969, and the amendment was not adopted by the following vote: Yeas - 48, Nays - 50, Absent - 0, Excused - 0.

Representative Ericksen moved the adoption of amendment (365):

On page 25 beginning on line 14 strike all material through page 28 line 26 after "committee."

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

On page 28 line 27 after "through" strike "512" and insert" "506"

Representatives Ericksen, DeBolt and Armstrong spoke in favor of the adoption of the amendment.

Representatives Rockefeller and Reardon spoke against the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment (358) was withdrawn.

Representative Woods moved the adoption of amendment (366):

On page 28, line 31, after "act", insert the following:

"except for sections 310, 311, and 312,"

On page 29, line 1, after "act,", insert the following:

"excluding sections 310, 311, 312,"

On page 30, after line 2, insert the following:

"NEW SECTION. Sec. 603. If SHB 2969 is not ratified by the voters by June 20, 2002, sections 310, 311, and 312 of this act are null and void."

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

Representatives Woods and Cooper spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Fisher moved the adoption of amendment (368):

On page 30, line 3, after "202," insert the following:

"310, 311, 312,"

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

The amendment was adopted.

Representative Van Luven moved the adoption of amendment (370):

On page 30, after line 2, insert the following:

"Sec. 603 RCW 46.61.165 and 1999 c 206 s 1 are each amended to read as follows:

The state department of transportation and the local authorities are authorized to reserve all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, for the exclusive or preferential use of public transportation vehicles or private motor vehicles carrying no fewer than a specified number of passengers when such limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all times or at specified times of day or on specified days. Except that highway projects funded in whole or in part by revenue generated under this act may not include high occupancy vehicle lanes unless those lanes are open to all traffic from eight p.m. through six a.m. on weekdays and all day Saturday and Sunday. Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction.

Sec. 604. RCW 47.52.025 and 1974 ex.s. c 133 s 1 are each amended to read as follows:

Highway authorities of the state, counties, and incorporated cities and towns, in addition to the specific powers granted in this chapter, shall also have, and may exercise, relative to limited access facilities, any and all additional authority, now or hereafter vested in them relative to highways or streets within their respective jurisdictions, and may regulate, restrict, or prohibit the use of such limited access facilities by various classes of vehicles or traffic. Such highway authorities may reserve any limited access facility or portions thereof, including designated lanes or ramps for the exclusive or preferential use of public transportation vehicles, privately owned buses, or private motor vehicles carrying not less than a specified number of passengers when such limitation will increase the efficient utilization of the highway facility or will aid in the conservation of energy resources. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all times or at specified times of day or on specified days. Except that highway projects funded in whole or in part by revenue generated under this act may not include high occupancy vehicle lanes unless those lanes are open to all traffic from eight p.m. through six a.m. on weekdays and all day Saturday and Sunday. "

Renumber remaining sections.

Representative Van Luven spoke in favor of the adoption of the amendment.

Representative Cooper spoke against the adoption of the amendment.

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (370) to Substitute House Bill No. 2969.

ROLL CALL

The Clerk called the roll on the adoption of amendment (370) to Substitute House Bill No. 2969, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 51, Absent - 0, 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, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven, and Woods - 47.

Voting nay: Representatives Berkey, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Jarrett, 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.

Representative Mitchell moved the adoption of amendment (363):

Beginning on page 1, line 11, strike the entire amendment and insert the following:

"PART I - COMBINED LICENSING FEE

Sec. 101. RCW 46.16.070 and 1994 c 262 s 8 are each amended to read as follows:

(1) In lieu of all other vehicle licensing fees, unless specifically exempt, and in addition to ((the excise tax prescribed in chapter 82.44 RCW and)) the mileage fees prescribed for buses and stages in RCW 46.16.125, there shall be paid and collected annually for each truck, motor truck, truck tractor, road tractor, tractor, bus, auto stage, or for hire vehicle with seating capacity of more than six, based upon the declared combined gross weight or declared gross weight ((thereof)) pursuant to the provisions of chapter 46.44 RCW, the following licensing fees by such gross weight:

((DECLARED GROSS WEIGHT SCHEDULE A SCHEDULE B

4,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37.00. . . . . . . . . . . . . . . . . . . . . . .$ 37.00

6,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44.00. . . . . . . . . . . . . . . . . . . . . . .$ 44.00

8,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55.00. . . . . . . . . . . . . . . . . . . . . . .$ 55.00

10,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62.00. . . . . . . . . . . . . . . . . . . . . . .$ 62.00

12,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 72.00. . . . . . . . . . . . . . . . . . . . . . .$ 72.00

14,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 82.00. . . . . . . . . . . . . . . . . . . . . . .$ 82.00

16,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 92.00. . . . . . . . . . . . . . . . . . . . . . .$ 92.00

18,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 137.00. . . . . . . . . . . . . . . . . . . . . . .$ 137.00

20,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 152.00. . . . . . . . . . . . . . . . . . . . . . .$ 152.00

22,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 164.00. . . . . . . . . . . . . . . . . . . . . . .$ 164.00

24,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 177.00. . . . . . . . . . . . . . . . . . . . . . .$ 177.00

26,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 187.00. . . . . . . . . . . . . . . . . . . . . . .$ 187.00

28,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 220.00. . . . . . . . . . . . . . . . . . . . . . .$ 220.00

30,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 253.00. . . . . . . . . . . . . . . . . . . . . . .$ 253.00

32,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 304.00. . . . . . . . . . . . . . . . . . . . . . .$ 304.00

34,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 323.00. . . . . . . . . . . . . . . . . . . . . . .$ 323.00

36,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 350.00. . . . . . . . . . . . . . . . . . . . . . .$ 350.00

38,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 384.00. . . . . . . . . . . . . . . . . . . . . . .$ 384.00

40,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 439.00. . . . . . . . . . . . . . . . . . . . . . .$ 439.00

42,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 456.00. . . . . . . . . . . . . . . . . . . . . . .$ 546.00

44,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 466.00. . . . . . . . . . . . . . . . . . . . . . .$ 556.00

46,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 501.00. . . . . . . . . . . . . . . . . . . . . . .$ 591.00

48,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 522.00. . . . . . . . . . . . . . . . . . . . . . .$ 612.00

50,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 566.00. . . . . . . . . . . . . . . . . . . . . . .$ 656.00

52,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 595.00. . . . . . . . . . . . . . . . . . . . . . .$ 685.00

54,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 642.00. . . . . . . . . . . . . . . . . . . . . . .$ 732.00

56,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 677.00. . . . . . . . . . . . . . . . . . . . . . .$ 767.00

58,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 704.00. . . . . . . . . . . . . . . . . . . . . . .$ 794.00

60,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750.00. . . . . . . . . . . . . . . . . . . . . . .$ 840.00

62,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 804.00. . . . . . . . . . . . . . . . . . . . . . .$ 894.00

64,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 822.00. . . . . . . . . . . . . . . . . . . . . . .$ 912.00

66,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 915.00. . . . . . . . . . . . . . . . . . . . . . .$ 1,005.00

68,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 954.00. . . . . . . . . . . . . . . . . . . . . . .$ 1,044.00

70,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,027.00. . . . . . . . . . . . . . . . . . . . . . .$ 1,117.00

72,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,098.00. . . . . . . . . . . . . . . . . . . . . . .$ 1,188.00

74,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,193.00. . . . . . . . . . . . . . . . . . . . . . .$ 1,283.00

76,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,289.00. . . . . . . . . . . . . . . . . . . . . . .$ 1,379.00

78,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,407.00. . . . . . . . . . . . . . . . . . . . . . .$ 1,497.00

80,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,518.00. . . . . . . . . . . . . . . . . . . . . . .$ 1,608.00

82,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,623.00. . . . . . . . . . . . . . . . . . . . . . .$ 1,713.00

84,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,728.00. . . . . . . . . . . . . . . . . . . . . . .$ 1,818.00

86,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,833.00. . . . . . . . . . . . . . . . . . . . . . .$ 1,923.00

88,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,938.00. . . . . . . . . . . . . . . . . . . . . . .$ 2,028.00

90,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,043.00. . . . . . . . . . . . . . . . . . . . . . .$ 2,133.00

92,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,148.00. . . . . . . . . . . . . . . . . . . . . . .$ 2,238.00

94,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,253.00. . . . . . . . . . . . . . . . . . . . . . .$ 2,343.00

96,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,358.00. . . . . . . . . . . . . . . . . . . . . . .$ 2,448.00

98,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,463.00. . . . . . . . . . . . . . . . . . . . . . .$ 2,553.00

100,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,568.00. . . . . . . . . . . . . . . . . . . . . . .$ 2,658.00

102,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,673.00. . . . . . . . . . . . . . . . . . . . . . .$ 2,763.00

104,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,778.00. . . . . . . . . . . . . . . . . . . . . . .$ 2,868.00

105,500 lbs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,883.00. . . . . . . . . . . . . . . . . . . . . . .$ 2,973.00))

Effective

Gross October 1, 2002, Effective

Weight through September 30, 2003 October 1, 2003

Schedule A Schedule BSchedule A Schedule B

4,000 $37 $37 $37 $37

6,000 44 44 44 44

8,000 55 55 55 55

10,000 62 62 62 62

12,000 77 77 81 81

14,000 88 88 93 93

16,000 99 99 105 105

18,000 148 148 159 159

20,000 165 165 177 177

22,000 178 178 192 192

24,000 192 192 207 207

26,000 203 203 219 219

28,000 239 239 259 259

30,000 276 276 298 298

32,000 332 332 360 360

34,000 353 353 382 382

36,000 382 382 415 415

38,000 420 420 456 456

40,000 480 480 522 522

42,000 499 589 542 632

44,000 510 600 554 644

46,000 549 639 596 686

48,000 572 662 621 711

50,000 620 710 674 764

52,000 652 742 709 799

54,000 704 794 765 855

56,000 742 832 807 897

58,000 772 862 840 930

60,000 822 912 895 985

62,000 882 972 960 1,050

64,000 902 992 981 1,071

66,000 1,004 1,094 1,093 1,183

68,000 1,047 1,137 1,140 1,230

70,000 1,127 1,217 1,227 1,317

72,000 1,205 1,295 1,312 1,402

74,000 1,310 1,400 1,426 1,516

76,000 1,415 1,505 1,542 1,632

78,000 1,545 1.635 1,683 1,773

80,000 1,667 1,757 1,816 1,906

82,000 1,783 1,873 1,942 2,032

84,000 1,898 1,988 2,068 2,158

86,000 2,014 2,104 2,194 2,284

88,000 2,129 2,219 2,320 2,410

90,000 2,245 2,335 2,446 2,536

92,000 2,360 2,450 2,572 2,662

94,000 2,476 2,566 2,698 2,788

96,000 2,591 2,681 2,824 2,914

98,000 2,707 2,797 2,950 3,040

100,000 2,822 2,912 3,076 3,166

102,000 2,938 3,028 3,202 3,292

104,000 3,053 3,143 3,328 3,418

105,500 3,169 3,259 3,454 3,544

Schedule A applies to vehicles either used exclusively for hauling logs or that do not tow trailers. Schedule B applies to vehicles that tow trailers and are not covered under Schedule A.

(2) Every truck, motor truck, truck tractor, and tractor exceeding 6,000 pounds empty scale weight registered under chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not less than one hundred fifty percent of its empty weight unless the amount would be in excess of the legal limits prescribed for such a vehicle in RCW 46.44.041 or 46.44.042, in which event the vehicle shall be licensed for the maximum weight authorized for such a vehicle or unless the vehicle is used only for the purpose of transporting any well drilling machine, air compressor, rock crusher, conveyor, hoist, donkey engine, cook house, tool house, bunk house, or similar machine or structure attached to or made a part of such vehicle.

(3) The following provisions apply when increasing gross or combined gross weight for a vehicle licensed under this section:

(a) The new license fee will be one-twelfth of the fee listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing fees have been paid, including the month in which the new gross weight is effective.

(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced by the amount of the licensing fees previously paid for the same period for which new fees are being charged.

(((2))) (4) The proceeds from the fees collected under ((subsection (1) of)) this section shall be distributed in accordance with RCW 46.68.035.

Sec. 102. RCW 46.68.035 and 2000 2nd sp.s. c 4 s 8 are each amended to read as follows:

All proceeds from combined vehicle licensing fees received by the director for vehicles licensed under RCW 46.16.070 and 46.16.085 shall be forwarded to the state treasurer to be distributed into accounts according to the following method:

(1) The sum of two dollars for each vehicle shall be deposited into the multimodal transportation account, except that for each vehicle registered by a county auditor or agent to a county auditor pursuant to RCW 46.01.140, the sum of two dollars shall be credited to the current county expense fund.

(2) The remainder shall be distributed as follows:

(a) 23.677 percent of the proceeds collected on the rate in effect September 30, 2002, shall be deposited into the state patrol highway account of the motor vehicle fund;

(b) 1.521 percent of the proceeds collected on the rate in effect September 30, 2002, shall be deposited into the Puget Sound ferry operations account of the motor vehicle fund; ((and))

(c) ((The remaining)) 74.802 percent of the proceeds collected on the rate in effect on September 30, 2002, shall be deposited into the motor vehicle fund; and

(d) The remaining proceeds collected on the difference between the current rate and the rate in effect on September 30, 2002, shall be deposited in the freight mobility strategic investment account.

PART II - FUEL TAX

Sec. 201. RCW 82.36.025 and 1999 c 269 s 16 and 1999 c 94 s 29 are each reenacted and amended to read as follows:

(1) A motor vehicle fuel tax rate of twenty-three cents per gallon ((shall apply)) applies to the sale, distribution, or use of motor vehicle fuel.

(2) Beginning October 1, 2002, an additional and cumulative motor vehicle fuel tax rate of four cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.

(3) Beginning April 1, 2003, an additional and cumulative motor vehicle fuel tax rate of three cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.

Sec. 202. RCW 46.68.090 and 1999 c 269 s 2 and 1999 c 94 s 6 are each reenacted and amended to read as follows:

(1) All moneys that have accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax and special fuel tax shall be first expended for purposes enumerated in (a) and (b) of this subsection. The remaining net tax amount shall be distributed monthly by the state treasurer in ((the proportions set forth in (c) through (l) of this)) accordance with subsections (2) through (4) of this section.

(a) For payment of refunds of motor vehicle fuel tax and special fuel tax that has been paid and is refundable as provided by law;

(b) For payment of amounts to be expended pursuant to appropriations for the administrative expenses of the offices of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the motor vehicle fuel tax and the special fuel tax, which sums shall be distributed monthly((;)).

(((c))) (2) All of the remaining net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) must be distributed in the proportions set forth in (a) through (j) of this subsection.

(a) For distribution to the motor vehicle fund an amount equal to 44.387 percent to be expended for highway purposes of the state, as defined in RCW 46.68.130;

(((d))) (b) For distribution to the special category C account, hereby created in the motor vehicle fund, an amount equal to 3.2609 percent to be expended for special category C projects. Special category C projects are category C projects that, due to high cost only, will require bond financing to complete construction.

The following criteria, listed in order of priority, shall be used in determining which special category C projects have the highest priority:

(i) Accident experience;

(ii) Fatal accident experience;

(iii) Capacity to move people and goods safely and at reasonable speeds without undue congestion; and

(iv) Continuity of development of the highway transportation network.

Moneys deposited in the special category C account in the motor vehicle fund may be used for payment of debt service on bonds the proceeds of which are used to finance special category C projects under this subsection (((1)(d))) (2)(b);

(((e))) (c) For distribution to the Puget Sound ferry operations account in the motor vehicle fund an amount equal to 2.3283 percent;

(((f))) (d) For distribution to the Puget Sound capital construction account in the motor vehicle fund an amount equal to 2.3726 percent;

(((g))) (e) For distribution to the urban arterial trust account in the motor vehicle fund an amount equal to 7.5597 percent;

(((h))) (f) For distribution to the transportation improvement account in the motor vehicle fund an amount equal to 5.6739 percent and expended in accordance with RCW 47.26.086;

(((i))) (g) For distribution to the cities and towns from the motor vehicle fund an amount equal to 10.6961 percent in accordance with RCW 46.68.110;

(((j))) (h) For distribution to the counties from the motor vehicle fund an amount equal to 19.2287 percent: (i) Out of which there shall be distributed from time to time, as directed by the department of transportation, those sums as may be necessary to carry out the provisions of RCW 47.56.725; and (ii) less any amounts appropriated to the county road administration board to implement the provisions of RCW 47.56.725(4), with the balance of such county share to be distributed monthly as the same accrues for distribution in accordance with RCW 46.68.120;

(((k))) (i) For distribution to the county arterial preservation account, hereby created in the motor vehicle fund an amount equal to 1.9565 percent. These funds shall be distributed by the county road administration board to counties in proportions corresponding to the number of paved arterial lane miles in the unincorporated area of each county and shall be used for improvements to sustain the structural, safety, and operational integrity of county arterials. The county road administration board shall adopt reasonable rules and develop policies to implement this program and to assure that a pavement management system is used;

(((l))) (j) For distribution to the rural arterial trust account in the motor vehicle fund an amount equal to 2.5363 percent and expended in accordance with RCW 36.79.020.

(((2))) (3)All the remaining net tax amount collected under the additional tax rates levied under RCW 82.36.025 (2) and (3) and 82.38.030 (2) and (3) must be distributed to the motor vehicle fund.

(4) Nothing in this section or in RCW 46.68.130 may be construed so as to violate any terms or conditions contained in any highway construction bond issues now or hereafter authorized by statute and whose payment is by such statute pledged to be paid from any excise taxes on motor vehicle fuel and special fuels.

NEW SECTION. Sec. 203. A new section is added to chapter 46.68 RCW to read as follows:

There is hereby created the freight mobility strategic investment account. All money deposited in the account shall be used by the department of transportation for:

(1) Improving the freight transportation highway system by constructing projects selected by the freight mobility strategic investment board.

(2) The department may pledge any money in the freight mobility strategic investment account for debt service on bonds issued to finance projects authorized under subsection (1) of this section.

(3) Money in the freight mobility strategic investment account of the motor vehicle fund that is not required by the department for payment of principal or interest on bond issues or for any of the other purposes authorized in this section may be invested by the treasurer in bonds and obligations of the nature eligible for the investment of current state funds as provided in RCW 43.84.080.

Sec. 204. RCW 82.38.030 and 2001 c 270 s 6 are each amended to read as follows:

(1) There is hereby levied and imposed upon special fuel users a tax at the rate ((computed in the manner provided in RCW 82.36.025 on each)) of twenty-three cents per gallon of special fuel, or each one hundred cubic feet of compressed natural gas, measured at standard pressure and temperature.

(2) Beginning October 1, 2002, an additional and cumulative special fuel tax rate of four cents per gallon of special fuel, or each one hundred cubic feet of compressed natural gas, measured at standard pressure and temperature is imposed on special fuel users.

(3)February 27, 2002, Beginning April 1, 2003, an additional and cumulative special fuel tax rate of three cents per gallon of special fuel, or each one hundred cubic feet of compressed natural gas, measured at standard pressure and temperature is imposed on special fuel users.

(5) The tax ((imposed by subsection (1) of this section)) is imposed when:

(a) Special fuel is removed in this state from a terminal if the special fuel is removed at the rack unless the removal is to a licensed exporter for direct delivery to a destination outside of the state, or the removal is to a special fuel distributor for direct delivery to an international fuel tax agreement licensee under RCW 82.38.320;

(b) Special fuel is removed in this state from a refinery if either of the following applies:

(i) The removal is by bulk transfer and the refiner or the owner of the special fuel immediately before the removal is not a licensee; or

(ii) The removal is at the refinery rack unless the removal is to a licensed exporter for direct delivery to a destination outside of the state, or the removal is to a special fuel distributor for direct delivery to an international fuel tax agreement licensee under RCW 82.38.320;

(i) The entry is by bulk transfer and the importer is not a licensee; or

(ii) The entry is not by bulk transfer;

(d) Special fuel is sold or removed in this state to an unlicensed entity unless there was a prior taxable removal, entry, or sale of the special fuel;

(e) Blended special fuel is removed or sold in this state by the blender of the fuel. The number of gallons of blended special fuel subject to tax is the difference between the total number of gallons of blended special fuel removed or sold and the number of gallons of previously taxed special fuel used to produce the blended special fuel;

(f) Dyed special fuel is used on a highway, as authorized by the internal revenue code, unless the use is exempt from the special fuel tax;

(g) Special fuel purchased by an international fuel tax agreement licensee under RCW 82.38.320 is used on a highway; and

(h) Special fuel is sold by a licensed special fuel supplier to a special fuel distributor, special fuel importer, or special fuel blender and the special fuel is not removed from the bulk transfer-terminal system.

(((3))) (6) The tax imposed by this chapter, if required to be collected by the licensee, is held in trust by the licensee until paid to the department, and a licensee who appropriates or converts the tax collected to his or her own use or to any use other than the payment of the tax to the extent that the money required to be collected is not available for payment on the due date as prescribed in this chapter is guilty of a felony, or gross misdemeanor in accordance with the theft and anticipatory provisions of Title 9A RCW. A person, partnership, corporation, or corporate officer who fails to collect the tax imposed by this section, or who has collected the tax and fails to pay it to the department in the manner prescribed by this chapter, is personally liable to the state for the amount of the tax.

Sec. 205. RCW 82.38.035 and 2001 c 270 s 7 are each amended to read as follows:

(1) A licensed supplier shall remit tax on special fuel to the department as provided in RCW 82.38.030(((2))) (5)(a). On a two-party exchange, or buy-sell agreement between two licensed suppliers, the receiving exchange partner or buyer shall remit the tax.

(2) A refiner shall remit tax to the department on special fuel removed from a refinery as provided in RCW 82.38.030(((2))) (5)(b).

(3) An importer shall remit tax to the department on special fuel imported into this state as provided in RCW 82.38.030(((2))) (5)(c).

(4) A blender shall remit tax to the department on the removal or sale of blended special fuel as provided in RCW 82.38.030(((2))) (5)(e).

(5) A dyed special fuel user shall remit tax to the department on the use of dyed special fuel as provided in RCW 82.38.030(((2))) (5)(f).

Sec. 206. RCW 82.38.045 and 1998 c 176 s 54 are each amended to read as follows:

A terminal operator is jointly and severally liable for remitting the tax imposed under RCW 82.38.030(((1))) if, at the time of removal:

(1) The position holder with respect to the special fuel is a person other than the terminal operator and is not a licensee;

(2) The terminal operator is not a licensee;

(3) The position holder has an expired internal revenue service notification certificate issued under chapter 26, C.F.R. Part 48; or

(4) The terminal operator had reason to believe that information on the notification certificate was false.

Sec. 207. RCW 82.38.047 and 1998 c 176 s 55 are each amended to read as follows:

A terminal operator is jointly and severally liable for remitting the tax imposed under RCW 82.38.030(((1))) if, in connection with the removal of special fuel that is not dyed or marked in accordance with internal revenue service requirements, the terminal operator provides a person with a bill of lading, shipping paper, or similar document indicating that the special fuel is dyed or marked in accordance with internal revenue service requirements.

Sec. 208. RCW 82.38.075 and 1983 c 212 s 1 are each amended to read as follows:

In order to encourage the use of nonpolluting fuels, an annual license fee in lieu of the tax imposed by RCW 82.38.030 shall be imposed upon the use of natural gas as defined in this chapter or on liquified petroleum gas, commonly called propane, which is used in any motor vehicle, as defined in RCW 46.04.320, which shall be based upon the following schedule as adjusted by the formula set out below:

VEHICLE TONNAGE (GVW) FEE

0 - 6,000 $ 45

6,001 - 10,000 $ 45

10,001 - 18,000 $ 80

18,001 - 28,000 $110

28,001 - 36,000 $150

36,001 and above $250

To determine the actual annual license fee imposed by this section for a registration year, the appropriate dollar amount set out in the above schedule shall be multiplied by the ((motor vehicle)) special fuel tax rate ((in cents per gallon)) as established by RCW ((82.36.025)) 82.38.030 effective on July 1st of the preceding calendar year and the product thereof shall be divided by 12 cents.

The department of licensing, in addition to the foregoing fee, shall charge a further fee of five dollars as a handling charge for each license issued.

The director of licensing shall be authorized to prorate the vehicle tonnage fee so that the annual license required by this section will correspond with the staggered vehicle licensing system.

A decal or other identifying device issued upon payment of these annual fees shall be displayed as prescribed by the department as authority to purchase this fuel.

Persons selling or dispensing natural gas or propane may not sell or dispense this fuel for their own use or the use of others into tanks of vehicles powered by this fuel which do not display a valid decal or other identifying device as provided in this section.

Vehicles registered in jurisdictions outside the state of Washington are exempt from this section.

Any person selling or dispensing natural gas or propane into the tank of a motor vehicle powered by this fuel, except as prescribed in this chapter, is subject to the penalty provisions of this chapter.

Sec. 209. RCW 43.84.092 and 2001 2nd sp.s. c 14 s 608, 2001 c 273 s 6, 2001 c 141 s 3, and 2001 c 80 s 5 are each reenacted and amended to read as follows:

(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public health supplemental account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the freight mobility strategic investment account, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

PART III - SALES TAX ON MOTOR VEHICLES

Sec. 301. RCW 82.08.020 and 2000 2nd sp.s. c 4 s 1 are each amended to read as follows:

(1) There is levied and there shall be collected a tax on each retail sale in this state equal to six and five-tenths percent of the selling price. A portion of the tax collected under this subsection (1) on each retail sale of a motor vehicle, as defined in RCW 46.04.320, must be deposited in the multimodal transportation account created in RCW 47.66.070. The amounts deposited in the multimodal transportation account will be:

(a) Effective July 1, 2005, through June 30, 2006, one-tenth of one percent of the selling price;

(b) Effective July 1, 2006, through June 30, 2007, two-tenths of one percent of the selling price;

(d) Effective July 1, 2008, through June 30, 2009, four-tenths of one percent of the selling price;

(e) Effective July 1, 2009, and thereafter, five-tenths of one percent of the selling price.

(2) There is levied and there shall be collected an additional tax on each retail car rental, regardless of whether the vehicle is licensed in this state, equal to five and nine-tenths percent of the selling price. The revenue collected under this subsection shall be deposited in the multimodal transportation account created in RCW 47.66.070.

(3) The taxes imposed under this chapter shall apply to successive retail sales of the same property.

(4) The rates provided in this section apply to taxes imposed under chapter 82.12 RCW as provided in RCW 82.12.020.

Sec. 302. RCW 82.12.020 and 1999 c 358 s 9 are each amended to read as follows:

(1) There is hereby levied and there shall be collected from every person in this state a tax or excise for the privilege of using within this state as a consumer: (a) Any article of tangible personal property purchased at retail, or acquired by lease, gift, repossession, or bailment, or extracted or produced or manufactured by the person so using the same, or otherwise furnished to a person engaged in any business taxable under RCW 82.04.280 (2) or (7); or (b) any canned software, regardless of the method of delivery, but excluding canned software that is either provided free of charge or is provided for temporary use in viewing information, or both.

(2) This tax shall apply to the use of every service defined as a retail sale in RCW 82.04.050(3)(a) and the use of every article of tangible personal property, including property acquired at a casual or isolated sale, and including byproducts used by the manufacturer thereof, except as hereinafter provided, irrespective of whether the article or similar articles are manufactured or are available for purchase within this state.

(3) Except as provided in RCW 82.12.0252, payment by one purchaser or user of tangible personal property or service of the tax imposed by chapter 82.08 or 82.12 RCW shall not have the effect of exempting any other purchaser or user of the same property or service from the taxes imposed by such chapters.

(4) The tax shall be levied and collected in an amount equal to the value of the article used by the taxpayer multiplied by the rates in effect for the retail sales tax under RCW 82.08.020.

(5) A portion of the use tax revenue collected on the rate provided in RCW 82.08.020(1) (a) through (e) will be deposited in the multimodal transportation account under RCW 47.66.070.

NEW SECTION. Sec. 303. A new section is added to chapter 82.32 RCW to read as follows:

(1) The tax imposed and collected under chapters 82.08 and 82.12 RCW on highway projects qualifying under this subsection (1), less any credits allowed under chapter 82.14 RCW, must be transferred to the multimodal transportation account under RCW 47.66.070. A highway project qualifies under this section if it is constructed in whole or in part with funds:

(a) Collected under RCW 82.36.025 (2) or (3); or

(b) Obtained through the sale of bonds authorized by this act.

(2) This transaction is exempt from the requirements in RCW 43.135.035(4).

(3) The department of transportation shall report the amount of sales or use tax eligible for transfer under this section to the department of revenue.PART IV - BOND AUTHORIZATION

NEW SECTION. Sec. 401. In order to provide funds necessary for the location, design, right of way, and construction of selected state and local highway improvements, there shall be issued and sold upon the request of the transportation commission a total of three billion five hundred million dollars of general obligation bonds of the state of Washington.

NEW SECTION. Sec. 402. Upon the request of the transportation commission, as appropriate, the state finance committee shall supervise and provide for the issuance, sale, and retirement of the bonds authorized by RCW 46.68.090 in accordance with chapter 39.42 RCW. Bonds authorized by section 401 of this act shall be sold in the manner, at time or times, in amounts, and at the price as the state finance committee shall determine. No bonds may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.

The state finance committee shall consider the issuance of short-term obligations in lieu of long-term obligations for the purposes of more favorable interest rates, lower total interest costs, and increased marketability and for the purpose of retiring the bonds during the life of the project for which they were issued.

NEW SECTION. Sec. 403. The proceeds from the sale of bonds authorized by section 401 of this act shall be deposited in the motor vehicle fund. The proceeds shall be available only for the purposes enumerated in section 401 of this act, for the payment of bond anticipation notes, if any, and for the payment of bond issuance costs, including the costs of underwriting.

NEW SECTION. Sec. 404. Bonds issued under the authority of section 401 of this act shall distinctly state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall become due. The principal and interest on the bonds shall be first payable from the proceeds of the state excise taxes on motor vehicle and special fuels imposed by chapters 82.36 and 82.38 RCW. Proceeds of these excise taxes are hereby pledged to the payment of any bonds and the interest thereon issued under the authority of RCW 47.10.843 through 47.10.848, and the legislature agrees to continue to impose these excise taxes on motor vehicle and special fuels in amounts sufficient to pay, when due, the principal and interest on all bonds issued under the authority of section 401 of this act.

NEW SECTION. Sec. 405. Both principal and interest on the bonds issued for the purposes of section 401 of this act shall be payable from the highway bond retirement fund. The state finance committee may provide that a special account be created in the fund to facilitate payment of the principal and interest. The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount required for principal and interest on the bonds in accordance with the bond proceedings. The state treasurer shall withdraw revenues from the motor vehicle fund and deposit in the highway bond retirement fund, or a special account in the fund, such amounts, and at such times, as are required by the bond proceedings.

Any funds required for bond retirement or interest on the bonds authorized by section 401 of this act shall be taken from that portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels and that is, or may be, appropriated to the department of transportation for state highway purposes. Funds required shall never constitute a charge against any other allocations of motor vehicle fuel and special fuel tax revenues to the state, counties, cities, and towns unless the amount arising from excise taxes on motor vehicle and special fuels distributed to the state in the motor vehicle fund proves insufficient to meet the requirements for bond retirement or interest on any such bonds.

Any payments for bond retirement or interest on the bonds taken from other revenues from the motor vehicle fuel or special fuel taxes that are distributable to the state, counties, cities, and towns shall be repaid from the first revenues from the motor vehicle fuel or special fuel taxes distributed to the motor vehicle fund not required for bond retirement or interest on the bonds.

NEW SECTION. Sec. 406. Bonds issued under the authority of section 401 of this act and this section and any other general obligation bonds of the state of Washington that have been or that may be authorized and that pledge motor vehicle and special fuels excise taxes for the payment of principal and interest thereon shall be an equal charge against the revenues from such motor vehicle and special fuels excise taxes.

NEW SECTION. Sec. 407. Sections 401 through 406 of this act are each added to chapter 47.10 RCW.

PART V - REFERENDUM

NEW SECTION. Sec. 501. (1) The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at a special election to be held in this state on or before June 20, 2002, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation. The special election shall be limited to submission of this act to the people.

(2) If the people ratify this act, revenues generated shall be spent as detailed in House Bill No. . . . ., the 2001-03 state supplemental transportation budget. The primary emphasis of revenues raised shall be improving transportation safety, reducing congestion, and improving the movement of freight and goods. The legislature recognizes that the projects detailed in House Bill No. . . . . are based on assumptions that are beyond the legislature's control, such as availability of federal funds, interest rates, required public approval for certain projects, etc., and furthermore, that current laws authorize the state transportation commission to make necessary adjustments to the proposed projects as unforeseen circumstances may require. If additional funding for the projects contained in House Bill No. . . . . becomes available, the legislature urges the acceleration of project construction wherever possible.

(3) The attorney general shall prepare the explanatory statement required by RCW 29.81.250 and transmit that statement regarding the referendum to the secretary of state no later than the last Monday of April before the special election.

(4) The secretary of state shall prepare and distribute a voters' pamphlet addressing this referendum measure following the procedures and requirements of chapter 29.81 RCW, except that the secretary of state may establish different deadlines for the appointment of committees to draft arguments for and against the referendum, for submitting arguments for and against the referendum, and for submitting rebuttal statements of arguments for and against the referendum.

(5) A county auditor may conduct the voting at this special election in all precincts of the county by mail using the procedures set forth in chapter 29.36 RCW.

(6) Notwithstanding the provisions of RCW 29.62.020, the county canvassing board in each county shall canvass and certify the votes cast at this special election in that county to the secretary of state no later than the seventh day following the election. Notwithstanding the provisions of RCW 29.62.120, the secretary of state shall canvass and certify the returns from the counties no later than the ninth day following the special election.

(7) The secretary of state shall reimburse each county for the cost of conducting the special election in that county in the same manner as state primary and general election costs are reimbursed under RCW 29.13.047 (1) and (3).

NEW SECTION. Sec. 502. If ratified by the people under section 501 of this act, sections 101 and 102 of this act take effect October 1, 2002.

NEW SECTION. Sec. 503. Section 501 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Correct the title.

Representatives Mitchell, Woods, Delvin, Ericksen, Sehlin, Armstrong, DeBolt, Mastin, Van Luven, Clements and Orcutt spoke in favor of the adoption of the amendment.

Representatives Cooper, Schual-Berke, Morris and Fisher spoke against the adoption of the amendment.

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (363) to Substitute House Bill No. 2969.

ROLL CALL

The Clerk called the roll on the adoption of amendment (363) to Substitute House Bill No. 2969, and the amendment was not adopted by the following vote: Yeas - 42, Nays - 56, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, Delvin, Dunn, Ericksen, Esser, Hankins, Jarrett, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Nixon, Orcutt, Pearson, Pflug, Roach, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven, and Woods - 42.

Voting nay: Representatives Alexander, Berkey, Chase, Cody, Conway, Cooper, Darneille, DeBolt, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Holmquist, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Mulliken, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, and Mr. Speaker - 56.

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, Lovick, Ogden, Murray, Romero, Rockefeller, McDermott, Conway, McIntire, Kessler, Reardon, Cooper and Fisher spoke in favor of passage of the bill.

Representatives Mitchell, Pflug, Clements, Mulliken, Cox, Armstrong, Orcutt, Mastin, Mielke, Schindler, Sump, Pflug, Bush and Ahern 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. 2969.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2969 and the bill passed the House by the following vote: Yeas - 54, Nays - 44, Absent - 0, Excused - 0.

Voting yea: Representatives Berkey, 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, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, and Mr. Speaker - 54.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, 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, and Woods - 44.

Engrossed Substitute House Bill No. 2969, having received the necessary constitutional majority, was declared passed.

INTRODUCTION & FIRST READING

HB 2996 by Representatives Clements, Mielke and Mulliken

AN ACT Relating to prohibiting strikes and lockouts under chapter 41.59 RCW; amending RCW 41.59.020; adding a new section to chapter 41.59 RCW; and prescribing penalties.

Referred to Committee on Commerce & Labor.

HB 2997 by Representatives Chandler, Mielke and Mulliken

AN ACT Relating to prohibiting strikes and lockouts under chapter 41.06 RCW; amending RCW 41.06.150 and 41.06.020; adding a new section to chapter 41.06 RCW; and prescribing penalties.

Referred to Committee on Commerce & Labor.

HB 2998 by Representatives Rockefeller, Woods, Jackley, Mielke and Lysen

AN ACT Relating to authorizing temporary permits for passenger-only vessels; amending RCW 81.84.070; reenacting and amending RCW 42.17.310; and adding a new section to chapter 81.84 RCW.

Referred to Committee on Transportation.

HB 2999 by Representatives Edwards, Clements, Gombosky and O'Brien

AN ACT Relating to clarifying that use tax is due on direct mail advertising pieces printed out-of-state and mailed directly to Washington residents to promote the sale of goods or services by Washington residents; amending RCW 82.12.010; providing an effective date; and declaring an emergency.

Referred to Committee on Finance.

HB 3000 by Representatives O'Brien, Ballasiotes, Lovick, Darneille, Morell, Carrell, Mielke, Woods, Skinner, Kirby and Mulliken

AN ACT Relating to providing hotel accommodations to level III sex offenders; and adding a new section to chapter 19.48 RCW.

Referred to Committee on Criminal Justice & Corrections.

HB 3001 by Representatives Linville, Chandler and Skinner

AN ACT Relating to the water conservation account; adding a new section to chapter 43.155 RCW; and declaring an emergency.

Referred to Committee on Appropriations.

HB 3002 by Representatives Cody and Sommers

AN ACT Relating to the treatment of income and resources for institutionalized persons receiving medical assistance; amending RCW 74.09.575; providing an effective date; and declaring an emergency.

Referred to Committee on Appropriations.

HB 3003 by Representative McIntire

AN ACT Relating to revenue.

Referred to Committee on Finance.

HB 3004 by Representative McIntire

AN ACT Relating to state revenue.

Referred to Committee on Finance.

HB 3005 by Representative Gombosky

AN ACT Relating to revenue.

Referred to Committee on Finance.

HB 3006 by Representatives Gombosky and McIntire

AN ACT Relating to state revenue.

Referred to Committee on Finance.

HB 3007 by Representatives Gombosky and McIntire

AN ACT Relating to fiscal matters.

Referred to Committee on Finance.

HB 3008 by Representatives McIntire and Gombosky

AN ACT Relating to fiscal matters.

Referred to Committee on Finance.

HB 3009 by Representatives Sommers, Fromhold, Doumit and Kessler

AN ACT Relating to social service programs; and amending RCW 74.04.005.

Referred to Committee on Appropriations.

HB 3010 by Representatives Fromhold, McIntire, Conway, Cooper, Hunt and Sullivan

AN ACT Relating to creating the select committee on pension policy; amending RCW 41.40.037, 41.45.100, 41.54.061, 44.04.260, and 44.44.030; reenacting and amending RCW 41.32.570; adding new sections to chapter 41.04 RCW; and repealing RCW 44.44.015, 44.44.050, and 44.44.060.

Referred to Committee on Appropriations.

HB 3011 by Representatives Fromhold, McIntire and Sommers

AN ACT Relating to local effort assistance; amending RCW 28A.500.030; creating new sections; and providing an expiration date.

Referred to Committee on Appropriations.

HB 3012 by Representatives Pflug, Buck, DeBolt, Cairnes, Woods, Anderson, Mitchell, Sehlin, Ericksen, Campbell, Chandler and Nixon

AN ACT Relating to ensuring truth in lobbying; adding new sections to chapter 42.17 RCW; creating a new section; prescribing penalties; and declaring an emergency.

Referred to Committee on State Government.

HB 3013 by Representative Sommers

AN ACT Relating to general government.

Referred to Committee on Appropriations.

HB 3014 by Representative Sommers

AN ACT Relating to human services.

Referred to Committee on Appropriations.

HB 3015 by Representative Sommers

AN ACT Relating to health care.

Referred to Committee on Appropriations.

HB 3016 by Representative Sommers

AN ACT Relating to natural resources.

Referred to Committee on Appropriations.

HB 3017 by Representative Sommers

AN ACT Relating to education

Referred to Committee on Appropriations.

HB 3018 by Representative Sommers

AN ACT Relating to higher education.

Referred to Committee on Appropriations.

HB 3019 by Representatives Sommers and Doumit

AN ACT Relating to securitization of tobacco settlement revenues.

Referred to Committee on Appropriations.

HB 3020 by Representatives Sommers and Doumit

AN ACT Relating to fiscal matters.

Referred to Committee on Appropriations.

SB 6251 by Senators West, Hale, Honeyford, Zarelli, Morton, Parlette, Hochstatter, Hewitt, T. Sheldon, Johnson, Horn, Finkbeiner, Oke and Benton

AN ACT Relating to administrative rule adoption procedures; and amending RCW 34.05.360.

Referred to Committee on Appropriations.

SB 6252 by Senators West, Hale, Honeyford, Zarelli, Morton, Parlette, Hochstatter, Hewitt, T. Sheldon, Johnson, Horn, Finkbeiner, Oke and Benton

AN ACT Relating to the rule-making authority of various governmental entities; amending RCW 28A.300.040, 41.50.050, 43.06A.030, 43.19.011, 43.21A.064, 43.24.016, 43.27A.090, 43.30.150, 43.31C.060, 43.33.040, 43.33A.110, 43.59.070, 43.61.040, 43.63A.475, 43.70.580, 43.101.085, 43.115.040, 43.117.050, 43.121.050, 43.155.040, 43.160.050, 43.163.100, 43.180.040, 43.200.070, 43.210.060, 43.250.090, 43.320.040, 43.330.040, 47.01.071, 48.02.060, 48.44.050, 48.46.200, 66.08.0501, 77.04.055, and 80.01.040; and adding a new section to chapter 43.17 RCW.

Referred to Committee on State Government.

ESB 6564 by Senators Hale, Rasmussen, Hewitt, Haugen, Oke, T. Sheldon, Honeyford, Morton, Sheahan, Zarelli, Deccio, Rossi, Horn, Benton, Hochstatter, Swecker, McCaslin, West and Parlette

AN ACT Relating to significant legislative rules; amending RCW 34.05.328; and creating a new section.

Referred to Committee on Appropriations.

SB 6749 by Senators West, Hale, Honeyford, Johnson, Hewitt, Zarelli, Gardner, Sheahan, Rasmussen, Prentice, Winsley, Fairley, Shin, Kastama, Swecker, Snyder and Rossi

AN ACT Relating to the burden of proof in actions asserting invalidity of agency rules; and amending RCW 34.05.570.

Referred to Committee on Appropriations.

SB 6793 by Senators T. Sheldon and Oke

AN ACT Relating to water right place of use and purpose of use for expanding public water systems; and amending RCW 90.03.386.

Referred to Committee on Agriculture & Ecology.

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

REPORTS OF STANDING COMMITTEES

March 1, 2002

SSB 5292 Prime Sponsor, Senate Committee on Environment, Energy & Water: Modifying definitions of public energy projects. Reported by Committee on Technology, Telecommunications & Energy

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 80.52.030 and 1995 c 69 s 2 are each amended to read as follows:

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

(1) "Public agency" means a public utility district, joint operating agency, city, county, or any other state governmental agency, entity, or political subdivision.

(2) "Major public energy project" means a plant or installation capable, or intended to be capable, of generating electricity in an amount greater than ((two)) four hundred ((fifty)) megawatts, measured using maximum continuous electric generating capacity, less minimum auxiliary load, at average ambient temperature and pressure. Where two or more such plants are located within the same geographic site, each plant shall be considered a major public energy project. An addition to an existing facility is not deemed to be a major energy project unless the addition itself is capable, or intended to be capable, of generating electricity in an amount greater than ((two)) four hundred ((fifty)) megawatts. A project which is under construction on July 1, 1982, shall not be considered a major public energy project unless the official agency budget or estimate for total construction costs for the project as of July 1, 1982, is more than two hundred percent of the first official estimate of total construction costs as specified in the senate energy and utilities committee WPPSS inquiry report, volume one, January 12, 1981, and unless, as of July 1, 1982, the projected remaining cost of construction for that project exceeds two hundred million dollars.

(3) "Cost of construction" means the total cost of planning and building a major public energy project and placing it into operation, including, but not limited to, planning cost, direct construction cost, licensing cost, cost of fuel inventory for the first year's operation, interest, and all other costs incurred prior to the first day of full operation, whether or not incurred prior to July 1, 1982.

(4) "Cost of acquisition" means the total cost of acquiring a major public energy project from another party, including, but not limited to, principal and interest costs.

(5) "Bond" means a revenue bond, a general obligation bond, or any other indebtedness issued by a public agency or its assignee.

(6) "Applicant" means a public agency, or the assignee of a public agency, requesting the secretary of state to conduct an election pursuant to this chapter.

(7) "Cost-effective" means that a project or resource is forecast:

(a) To be reliable and available within the time it is needed; and

(b) To meet or reduce the electric power demand of the intended consumers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative project or resource, or any combination thereof.

(8) "System cost" means an estimate of all direct costs of a project or resource over its effective life, including, if applicable, the costs of distribution to the consumer, and, among other factors, waste disposal costs, end-of-cycle costs, and fuel costs (including projected increases), and such quantifiable environmental costs and benefits as are directly attributable to the project or resource."

Correct the title.

Signed by Representatives Morris, Chairman; Crouse, Ranking Minority Member; Berkey; Bush; DeBolt; Delvin; Hunt; Linville; Lysen; Sullivan and Wood.

MINORITY recommendation: Do not pass. Signed by Representatives Ruderman, Vice Chairman; Anderson; Casada; Esser; Nixon; Pflug; Reardon and Romero.

Voting Yea: Representatives Morris, Crouse, Berkey, Bush, Delvin, Hunt, Linville, Lysen, Sullivan and Wood.

Voting Nay: Representatives Ruderman, Anderson, Casada, Esser, Nixon, Pflug and Romero.

Excused: Representatives DeBolt and Reardon.

Passed to Committee on Rules for second reading.

March 1, 2002

ESB 5626 Prime Sponsor, Senator Rasmussen: Modifying the definition of veteran. Reported by Committee on State Government

MAJORITY recommendation: Do pass as amended.

On page 3, line 30, after "whose" insert "branch of"

On page 3, line 31, after "license" strike "meets" and insert "is included in"

On page 4, line 14, after "defined in" strike all material through "act" on line 15 and insert "RCW 41.04.005"

On page 4, line 14, after "act" strike "or is" and insert "((or is)) and is not"

On page 4, line 35, strike entire Sec. 5 and insert the following:

"Sec. 5. RCW 72.36.035 and 2001 2nd sp.s. c 4 s 2 are each amended to read as follows:

For purposes of this chapter, unless the context clearly indicates otherwise:

(1) "Actual bona fide residents of this state" means persons who have a domicile in the state of Washington immediately prior to application for admission to a state veterans' home.

(2) "Department" means the Washington state department of veterans affairs.

(3) "Domicile" means a person's true, fixed, and permanent home and place of habitation, and shall be the place where the person intends to remain, and to which the person expects to return when the person leaves without intending to establish a new domicile elsewhere.

(4) "State veterans' homes" means the Washington soldiers' home and colony in Orting, the Washington veterans' home in Retsil, and the eastern Washington veterans' home.

(5) "Veteran" has the same meaning established in ((RCW 41.04.005))section 2 of this act."

Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McMorris, Ranking Minority Member; McDermott; Schindler; Schmidt and Upthegrove.

Voting Yea: Representatives Romero, Miloscia, McMorris, McDermott, Schindler, Schmidt and Upthegrove.

Passed to Committee on Rules for second reading.

March 1, 2002

SB 5629 Prime Sponsor, Senator Patterson: Changing the office of financial management's budgeting, accounting, and reporting requirements for state agencies. Reported by Committee on State Government

MAJORITY recommendation: Do pass as amended.

On page 10, after line 10, insert the following:

"NEW SECTION. Sec. 7. A new section is added to chapter 39.29 RCW to read as follows:

(1) The office of financial management shall adopt uniform guidelines for the effective and efficient management of personal service contracts and client service contracts by all state agencies. The guidelines must, at a minimum, include:

(a) Accounting methods, systems, measures, and principles to be used by agencies and contractors;

(b) Precontract procedures for selecting potential contractors based on their qualifications and ability to perform;

(d) Uniform contract terms to ensure contract performance and compliance with state and federal standards;

(e) Proper payment and reimbursement methods to ensure that the state receives full value for taxpayer moneys, including cost settlements and cost allowance;

(f) Postcontract procedures, including methods for recovering improperly spent or overspent moneys for disallowance and adjustment;

(g) Adequate contract remedies and sanctions to ensure compliance;

(h) Monitoring, fund tracking, risk assessment, and auditing procedures and requirements;

(i) Financial reporting, record retention, and record access procedures and requirements;

(j) Procedures and criteria for terminating contracts for cause or otherwise; and

(k) Any other subject related to effective and efficient contract management.

(2) The office of financial management shall submit the guidelines required by subsection (1) of this section to the governor and the appropriate standing committees of the legislature no later than December 1, 2002.

(3) The office of financial management shall publish a guide book for use by state agencies containing the guidelines required by subsection (1) of this section.

NEW SECTION. Sec. 8. A new section is added to chapter 39.29 RCW to read as follows:

(1) A state agency entering into or renewing personal service contracts or client service contracts shall follow the guidelines required by section 7 of this act.

(2) A state agency that has entered into or renewed personal service contracts or client service contracts during a calendar year shall, on or before January 1st of the following calendar year, provide the office of financial management with a report detailing the procedures the agency employed in entering into, renewing, and managing the contracts.

(3) The provisions of this section apply to state agencies entering into or renewing contracts after January 1, 2003.

NEW SECTION. Sec. 9. A new section is added to chapter 39.29 RCW to read as follows:

(1) The office of financial management shall provide a training course for agency personnel responsible for executing and managing personal service contracts and client service contracts. The course must contain training on effective and efficient contract management under the guidelines established under section 7 of this act. State agencies shall require agency employees responsible for executing or managing personal service contracts and client service contracts to complete the training course to the satisfaction of the office of financial management. Beginning January 1, 2004, no agency employee may execute or manage personal service contracts or client service contracts unless the employee has completed the training course. Any request for exception to this requirement shall be submitted to the office of financial management in writing and shall be approved by the office of financial management prior to the employee executing or managing the contract.

(2)(a) The office of financial management shall conduct risk-based audits of the contracting practices associated with individual personal service and client service contracts from multiple state agencies to ensure compliance with the guidelines established in section 8 of this act. The office of financial management shall conduct the number of audits deemed appropriate by the director of the office of financial management based on funding provided.

(b) The office of financial management shall forward the results of the audits conducted under this section to the governor, the appropriate standing committees of the legislature, and the joint legislative audit and review committee.

NEW SECTION. Sec. 10. A new section is added to chapter 39.29 RCW to read as follows:

The state auditor and the attorney general shall annually by November 30th of each year provide a collaborative report of contract audit and investigative findings, enforcement actions, and the status of agency resolution to the governor and the policy and fiscal committees of the legislature.

Sec. 11. RCW 39.29.040 and 1998 c 101 s 7 are each amended to read as follows:

This chapter does not apply to:

(1) Contracts specifying a fee of less than five thousand dollars if the total of the contracts from that agency with the contractor within a fiscal year does not exceed five thousand dollars;

(2) Contracts awarded to companies that furnish a service where the tariff is established by the utilities and transportation commission or other public entity;

(3) Intergovernmental agreements awarded to any governmental entity, whether federal, state, or local and any department, division, or subdivision thereof;

(4) Contracts awarded for services to be performed for a standard fee, when the standard fee is established by the contracting agency or any other governmental entity and a like contract is available to all qualified applicants;

(5) Contracts for services that are necessary to the conduct of collaborative research if prior approval is granted by the funding source;

(6) Contracts for client services except as otherwise indicated in this chapter;

(7) Contracts for architectural and engineering services as defined in RCW 39.80.020, which shall be entered into under chapter 39.80 RCW;

(8) Contracts for the employment of expert witnesses for the purposes of litigation; and

(9) Contracts for bank supervision authorized under RCW 30.38.040.

NEW SECTION. Sec. 12. Section 7 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION. Sec. 13. Sections 8 and 9 of this act take effect January 1, 2003."

Renumber sections consecutively and correct the title.

Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McDermott and Upthegrove.

MINORITY recommendation: Without recommendation. Signed by Representatives McMorris, Ranking Minority Member; Schindler and Schmidt.

Voting Yea: Representatives Romero, Miloscia, McDermott and Upthegrove.

Voting Nay: Representatives McMorris, Schindler and Schmidt.

Passed to Committee on Rules for second reading.

February 28, 2002

ESB 5692 Prime Sponsor, Senator Costa: Creating youth courts. Reported by Committee on Juvenile Justice & Family Law

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Court" when used without further qualification means the district court under chapter 3.30 RCW, the municipal department under chapter 3.46 RCW, or the municipal court under chapter 3.50 or 35.20 RCW.

(2) "Traffic infraction" means those acts defined as traffic infractions by RCW 46.63.020.

(3) "Youth court" means an alternative method of hearing and disposing of traffic infractions for juveniles age sixteen or seventeen.

NEW SECTION. Sec. 2. (1) A court created under chapter 3.30, 3.46, 3.50, or 35.20 RCW may create a youth court. The youth court shall have jurisdiction over traffic infractions alleged to have been committed by juveniles age sixteen or seventeen. The court may refer a juvenile to the youth court upon request of any party or upon its own motion. However, a juvenile shall not be required under this section to have his or her traffic infraction referred to or disposed of by a youth court.

(2) To be referred to a youth court, a juvenile:

(a) May not have had a prior traffic infraction referred to a youth court;

(b) May not be under the jurisdiction of any court for a violation of any provision of Title 46 RCW;

(d) Must acknowledge that there is a high likelihood that he or she would be found to have committed the traffic infraction.

NEW SECTION. Sec. 3. (1) A youth court agreement shall be a contract between a juvenile accused of a traffic infraction and a court whereby the juvenile agrees to fulfill certain conditions imposed by a youth court in lieu of a determination that a traffic infraction occurred. Such agreements may be entered into only after the law enforcement authority has determined that probable cause exists to believe that a traffic infraction has been committed and that the juvenile committed it. A youth court agreement shall be reduced to writing and signed by the court and the youth accepting the terms of the agreement. Such agreements shall be entered into as expeditiously as possible.

(2) Conditions imposed on a juvenile by a youth court shall be limited to one or more of the following:

(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

(b) Attendance at defensive driving school or driver improvement education classes or, in the discretion of the court, a like means of fulfilling this condition. The state shall not be liable for costs resulting from the youth court or the conditions imposed upon the juvenile by the youth court;

(c) A monetary penalty, not to exceed one hundred dollars. In determining the amount of the monetary penalty, the youth court shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the monetary penalty. The youth court shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the monetary penalty to be imposed. All monetary penalties assessed and collected under this section shall be deposited and distributed in the same manner as costs, fines, forfeitures, and penalties are assessed and collected under RCW 2.68.040, 3.46.120, 3.50.100, 3.62.020, 3.62.040, 35.20.220, and 46.63.110(6), regardless of the juvenile's successful or unsuccessful completion of the youth court agreement;

(d) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas;

(e) Participating in law-related education classes;

(f) Providing periodic reports to the youth court or the court;

(g) Participating in mentoring programs;

(h) Serving as a participant in future youth court proceedings;

(i) Writing apology letters; or

(j) Writing essays.

(3) Youth courts may require that the youth pay any costs associated with conditions imposed upon the youth by the youth court.

(a) A youth court disposition shall be completed within one hundred eighty days from the date of referral.

(b) The court, as specified in section 2 of this act, shall monitor the successful or unsuccessful completion of the disposition.

(4) A youth court agreement may extend beyond the eighteenth birthday of the youth.

(5) Any juvenile who is, or may be, referred to a youth court shall be afforded due process in all contacts with the youth court regardless of whether the juvenile is accepted by the youth court or whether the youth court program is successfully completed. Such due process shall include, but not be limited to, the following:

(a) A written agreement shall be executed stating all conditions in clearly understandable language and the action that will be taken by the court upon successful or unsuccessful completion of the agreement;

(b) Violation of the terms of the agreement shall be the only grounds for termination.

(6) The youth court shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during youth court hearings or negotiations.

(7) The court shall be responsible for advising a juvenile of his or her rights as provided in this chapter.

(8) When a juvenile enters into a youth court agreement, the court may receive only the following information for dispositional purposes:

(a) The fact that a traffic infraction was alleged to have been committed;

(b) The fact that a youth court agreement was entered into;

(d) Whether the juvenile performed his or her obligations under such agreement; and

(e) The facts of the alleged traffic infraction.

(9) A court may refuse to enter into a youth court agreement with a juvenile. When a court refuses to enter a youth court agreement with a juvenile, it shall set the matter for hearing in accordance with all applicable court rules and statutory provisions governing the hearing and disposition of traffic infractions.

(10) If a monetary penalty required by a youth court agreement cannot reasonably be paid due to a lack of financial resources of the youth, the court may convert any or all of the monetary penalty into community service. The modification of the youth court agreement shall be in writing and signed by the juvenile and the court. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

NEW SECTION. Sec. 4. Youth courts provide a disposition method for cases involving juveniles alleged to have committed traffic infractions, in which participants, under the supervision of the court, may serve in various capacities within the youth court, acting in the role of jurors, lawyers, bailiffs, clerks, and judges. Youth courts have no jurisdiction except as provided for in this chapter. Youth courts are not courts established under Article IV of the state Constitution.

NEW SECTION. Sec. 5. The administrative office of the courts shall encourage the courts to work with cities, counties, and schools to implement, expand, or use youth court programs for juveniles who commit traffic infractions. Program operations of youth court programs may be funded by government and private grants. Youth court programs are limited to those that:

(1) Are developed using the guidelines for creating and operating youth court programs developed by nationally recognized experts in youth court projects;

(2) Target youth ages sixteen and seventeen who are alleged to have committed a traffic infraction; and

(3) Emphasize the following principles:

(a) Youth must be held accountable for their problem behavior;

(b) Youth must be educated about the impact their actions have on themselves and others including their victims, their families, and their community;

(d) Youth should be provided a meaningful forum to practice and enhance newly developed skills.

NEW SECTION. Sec. 6. A court may require that a youth pay a nonrefundable fee, not exceeding thirty dollars, to cover the costs of administering the program. The fee may be reduced or waived for a participant. Fees shall be paid to and accounted for by the court. The fees collected under this section shall not constitute "certain costs" as defined in RCW 3.46.120(2), 3.50.100(2), 3.62.020(2), 3.62.040(2), and 35.20.220(2).

Sec. 7. RCW 13.40.020 and 1997 c 338 s 10 are each amended to read as follows:

For the purposes of this chapter:

(1) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

(2) Community-based sanctions may include one or more of the following:

(a) A fine, not to exceed five hundred dollars;

(b) Community service not to exceed one hundred fifty hours of service;

(3) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

(4) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:

(a) Community-based sanctions;

(b) Community-based rehabilitation;

(d) Posting of a probation bond;

(5) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

(6) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);

(7) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history;

(8) "Department" means the department of social and health services;

(9) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

(10) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, youth court under the supervision of the juvenile court, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

(11) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

(12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

(13) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;

(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;

(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

(16) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community service; or (d) $0-$500 fine;

(17) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

(18) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

(19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

(20) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

(21) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

(22) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

(23) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

(24) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

(25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

(26) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

(27) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;

(28) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

(29) "Violent offense" means a violent offense as defined in RCW 9.94A.030.

(30) "Youth court" means a diversion unit under the supervision of the juvenile court.

Sec. 8. RCW 13.40.080 and 1999 c 91 s 1 are each amended to read as follows:

(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a ((diversionary)) diversion unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

(2) A diversion agreement shall be limited to one or more of the following:

(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

(b) Restitution limited to the amount of actual loss incurred by ((the)) any victim;

(c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the ((diversionary)) diversion unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions;

(d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed;

(e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas; and

(f) Upon request of ((the)) any victim or witness, requirements to refrain from any contact with victims or witnesses of offenses committed by the juvenile.

(3) Notwithstanding the provisions of subsection (2) of this section, youth courts are not limited to the conditions imposed by subsection (2) of this section in imposing sanctions on juveniles pursuant to section 14 of this act.

(4) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the ((diversionary)) diversion unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

(((4))) (5)(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee.

(b) If additional time is necessary for the juvenile to complete restitution to ((the)) a victim, the time period limitations of this subsection may be extended by an additional six months.

(c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (((4))) (5)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. Prior to the expiration of the initial ten-year period, the juvenile court may extend the judgment for restitution an additional ten years. The court may not require the juvenile to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.

(((5))) (6) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

(((6))) (7) Divertees and potential divertees shall be afforded due process in all contacts with a ((diversionary)) diversion unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

(b) Violation of the terms of the agreement shall be the only grounds for termination;

(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

(i) Written notice of alleged violations of the conditions of the diversion program; and

(ii) Disclosure of all evidence to be offered against the divertee;

(d) The hearing shall be conducted by the juvenile court and shall include:

(i) Opportunity to be heard in person and to present evidence;

(ii) The right to confront and cross-examine all adverse witnesses;

(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

(e) The prosecutor may file an information on the offense for which the divertee was diverted:

(i) In juvenile court if the divertee is under eighteen years of age; or

(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

(((7))) (8) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

(((8))) (9) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

(((9))) (10) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

(((10))) (11) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the ((diversionary)) diversion unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

(((11))) (12) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

(a) The fact that a charge or charges were made;

(b) The fact that a diversion agreement was entered into;

(d) Whether the alleged offender performed his or her obligations under such agreement; and

(e) The facts of the alleged offense.

(((12))) (13) A ((diversionary)) diversion unit may refuse to enter into a diversion agreement with a juvenile. When a ((diversionary)) diversion unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The ((diversionary)) diversion unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

(((13))) (14) A ((diversionary)) diversion unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection ((shall)) includes the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a ((diversionary)) diversion unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

(((14))) (15) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

(((15))) (16) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

(((16))) (17) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.

NEW SECTION. Sec. 9. A new section is added to chapter 13.40 RCW to read as follows:

Youth courts provide a diversion for cases involving juvenile offenders, in which participants, under the supervision of an adult coordinator, may serve in various capacities within the program, acting in the role of jurors, lawyers, bailiffs, clerks, and judges. Youths who appear before youth courts are youths eligible for diversion pursuant to RCW 13.40.070 (6) and (7). Youth courts have no jurisdiction except as provided for in this act. Youth courts are diversion units and not courts established under Article IV of the state Constitution.

NEW SECTION. Sec. 10. A new section is added to chapter 13.40 RCW to read as follows:

(1) The administrative office of the courts shall encourage the juvenile courts to work with cities and counties to implement, expand, or use youth court programs for juveniles who commit diversion-eligible offenses, civil, or traffic infractions. Program operations of youth court programs may be funded by government and private grants. Youth court programs are limited to those that:

(a) Are developed using the guidelines for creating and operating youth court programs developed by nationally recognized experts in youth court projects;

(b) Target offenders age eight through seventeen; and

(i) Youth must be held accountable for their problem behavior;

(ii) Youth must be educated about the impact their actions have on themselves and others including their victims, their families, and their community;

(iii) Youth must develop skills to resolve problems with their peers more effectively; and

(iv) Youth should be provided a meaningful forum to practice and enhance newly developed skills.

(2) Youth court programs under this section may be established by private nonprofit organizations and schools, upon prior approval and under the supervision of juvenile court.

NEW SECTION. Sec. 11. A new section is added to chapter 13.40 RCW to read as follows:

(1) Youth courts have authority over juveniles ages eight through seventeen who:

(a) Along with their parent, guardian, or legal custodian, voluntarily and in writing request youth court involvement;

(b) Admit they have committed the offense they are referred for;

(c) Along with their parent, guardian, or legal custodian, waive any privilege against self-incrimination concerning the offense; and

(d) Along with their parent, guardian, or legal custodian, agree to comply with the youth court disposition of the case.

(2) Youth courts shall not exercise authority over youth who are under the continuing jurisdiction of the juvenile court for law violations, including a youth with a matter pending before the juvenile court but which has not yet been adjudicated.

(3) Youth courts may decline to accept a youth for youth court disposition for any reason and may terminate a youth from youth court participation at any time.

(4) A youth or his or her parent, guardian, or legal custodian may withdraw from the youth court process at any time.

(5) Youth courts shall give any victims of a juvenile the opportunity to be notified, present, and heard in any youth court proceeding.

NEW SECTION. Sec. 12. A new section is added to chapter 13.40 RCW to read as follows:

Youth court may not notify the juvenile court of satisfaction of conditions until all ordered restitution has been paid.

NEW SECTION. Sec. 13. A new section is added to chapter 13.40 RCW to read as follows:

Every youth appearing before a youth court shall be accompanied by his or her parent, guardian, or legal custodian.

NEW SECTION. Sec. 14. A new section is added to chapter 13.40 RCW to read as follows:

(1) Youth court dispositional options include those delineated in RCW 13.40.080, and may also include:

(a) Participating in law-related education classes, appropriate counseling, treatment, or other education programs;

(b) Providing periodic reports to the youth court;

(d) Serving as a participant in future youth court proceedings;

(e) Writing apology letters; or

(f) Writing essays.

(2) Youth courts shall not impose a term of confinement or detention. Youth courts may require that the youth pay reasonable fees to participate in youth court and in classes, counseling, treatment, or other educational programs that are the disposition of the youth court.

(3) A youth court disposition shall be completed within one hundred eighty days from the date of referral.

(4) Pursuant to RCW 13.40.080(1), a youth court disposition shall be reduced to writing and signed by the youth and his or her parent, guardian, or legal custodian accepting the disposition terms.

(5) Youth court shall notify the juvenile court upon successful or unsuccessful completion of the disposition.

(6) Youth court shall notify the prosecutor or probation counselor of a failure to successfully complete the youth court disposition.

NEW SECTION. Sec. 15. A new section is added to chapter 13.40 RCW to read as follows:

A youth court may require that a youth pay a nonrefundable fee, not exceeding thirty dollars, to cover the costs of administering the program. The fee may be reduced or waived for a participant. Fees shall be paid to and accounted for by the youth court.

Sec. 16. RCW 9.94A.850 and 2000 c 28 s 41 are each amended to read as follows:

(1) A sentencing guidelines commission is established as an agency of state government.

(2) The legislature finds that the commission, having accomplished its original statutory directive to implement this chapter, and having expertise in sentencing practice and policies, shall:

(a) Evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further:

(i) The purposes of this chapter as defined in RCW 9.94A.010; and

(ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender.

The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter;

(b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy, prosecuting standards, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity;

(d)(i) Serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local adult and juvenile sentencing practices; (ii) develop and maintain a computerized adult and juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (iii) conduct ongoing research regarding adult and juvenile sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the adult criminal justice system and the juvenile justice system;

(e) Assume the powers and duties of the juvenile disposition standards commission after June 30, 1996;

(f) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, specifically review the guidelines relating to the confinement of minor and first-time offenders as well as the use of diversion, and review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth;

(g) Solicit the comments and suggestions of the juvenile justice community concerning disposition standards, and make recommendations to the legislature regarding revisions or modifications of the standards. The evaluations shall be submitted to the legislature on December 1 of each odd-numbered year. The department of social and health services shall provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders, and with recommendations for modification of the disposition standards. The office of the administrator for the courts shall provide the commission with available data on diversion, including the use of youth court programs, and dispositions of juvenile offenders under chapter 13.40 RCW; and

(h) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on:

(i) Racial disproportionality in juvenile and adult sentencing, and, if available, the impact that diversions, such as youth courts, have on racial disproportionality in juvenile prosecution, adjudication, and sentencing;

(ii) The capacity of state and local juvenile and adult facilities and resources; and

(iii) Recidivism information on adult and juvenile offenders.

(3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.

(4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations:

(a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

(b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range, except that for murder in the second degree in seriousness level XIV under RCW 9.94A.510, the minimum term in the range shall be no less than fifty percent of the maximum term in the range; and

(c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.

(5)(a) Not later than December 31, 1999, the commission shall propose to the legislature the initial community custody ranges to be included in sentences under RCW 9.94A.715 for crimes committed on or after July 1, 2000. Not later than December 31 of each year, the commission may propose modifications to the ranges. The ranges shall be based on the principles in RCW 9.94A.010, and shall take into account the funds available to the department for community custody. The minimum term in each range shall not be less than one-half of the maximum term.

(b) The legislature may, by enactment of a legislative bill, adopt or modify the community custody ranges proposed by the commission. If the legislature fails to adopt or modify the initial ranges in its next regular session after they are proposed, the proposed ranges shall take effect without legislative approval for crimes committed on or after July 1, 2000.

(c) When the commission proposes modifications to ranges pursuant to this subsection, the legislature may, by enactment of a bill, adopt or modify the ranges proposed by the commission for crimes committed on or after July 1 of the year after they were proposed. Unless the legislature adopts or modifies the commission's proposal in its next regular session, the proposed ranges shall not take effect.

(6) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.

NEW SECTION. Sec. 17. A new section is added to chapter 28A.300 RCW to read as follows:

The office of the superintendent of public instruction shall encourage school districts to implement, expand, or use student court programs for students who commit violations of school rules and policies. Program operations of student courts may be funded by government and private grants. Student court programs are limited to those that:

(1) Are developed using the guidelines for creating and operating student court programs developed by nationally recognized student court projects;

(2) Target violations of school rules by students enrolled in public or private school; and

(3) Emphasize the following principles:

(a) Youth must be held accountable for their problem behavior;

(b) Youth must be educated about the impact their actions have on themselves and others including the school, school personnel, their classmates, their families, and their community;

(d) Youth should be provided a meaningful forum to practice and enhance newly developed skills.

NEW SECTION. Sec. 18. A new section is added to chapter 28A.320 RCW to read as follows:

Local school boards may provide for school credit for participation as a member of a youth court as defined in section 1 of this act or RCW 13.40.020 or a student court pursuant to section 17 of this act.

Sec. 19. RCW 13.40.250 and 1997 c 338 s 36 are each amended to read as follows:

A traffic or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter or filed in juvenile court.

(1) If a notice of a traffic or civil infraction is filed in juvenile court, the juvenile named in the notice shall be afforded the same due process afforded to adult defendants in traffic infraction cases.

(2) A monetary penalty imposed upon a juvenile under the age of sixteen who is found to have committed a traffic or civil infraction may not exceed one hundred dollars. At the juvenile's request, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the prevailing state minimum wage per hour.

(3) A diversion agreement entered into by a juvenile referred pursuant to this section shall be limited to thirty hours of community service, or educational or informational sessions.

(4) Traffic or civil infractions referred to a youth court pursuant to this section are subject to the conditions imposed by section 14 of this act.

(5) If a case involving the commission of a traffic or civil infraction or offense by a juvenile under the age of sixteen has been referred to a diversion unit, an abstract of the action taken by the diversion unit may be forwarded to the department of licensing in the manner provided for in RCW 46.20.270(2).

Sec. 20. RCW 46.63.040 and 1984 c 258 s 137 are each amended to read as follows:

(1) All violations of state law, local law, ordinance, regulation, or resolution designated as traffic infractions in RCW 46.63.020 may be heard and determined by a district court, except as otherwise provided in this section.

(2) Any municipal court has the authority to hear and determine traffic infractions pursuant to this chapter.

(3) Any city or town with a municipal court may contract with the county to have traffic infractions committed within the city or town adjudicated by a district court.

(4) District court commissioners have the authority to hear and determine traffic infractions pursuant to this chapter.

(5) Any district or municipal court may refer juveniles age sixteen or seventeen who are enrolled in school to a youth court, as defined in section 1 of this act or RCW 13.40.020, for traffic infractions.

(6) The boards of regents of the state universities, and the boards of trustees of the regional universities and of The Evergreen State College have the authority to hear and determine traffic infractions under RCW 28B.10.560.

NEW SECTION. Sec. 21. Sections 1 through 6 of this act constitute a new chapter in Title 3 RCW."

Correct the title.

Signed by Representatives Dickerson, Chairman; Darneille, Vice Chairman; Delvin, Ranking Minority Member; Armstrong; Eickmeyer and Tokuda.

MINORITY recommendation: Do not pass. Signed by Representatives Carrell.

Voting Yea: Representatives Dickerson, Darneille, Delvin, Armstrong, Eickmeyer and Tokuda.

Voting Nay: Representative Carrell.

Passed to Committee on Appropriations.

February 28, 2002

2SSB 5909 Prime Sponsor, Senate Committee on Ways & Means: Revising financial responsibility requirements for vessels. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Hunt, Vice Chairman; Cooper; Dunshee; Grant; Kirby and Quall.

MINORITY recommendation: Do not pass. Signed by Representatives Schoesler, Ranking Minority Member; Chandler; Delvin; Holmquist; Roach and Sump.

Voting Yea: Representatives Linville, Hunt, Cooper, Dunshee, Grant, Kirby and Quall.

Voting Nay: Representatives Schoesler, Chandler, Delvin, Holmquist, Roach and Sump.

Passed to Committee on Appropriations.

February 28, 2002

SB 5999 Prime Sponsor, Senator B. Sheldon: Modifying the telephone assistance program. Reported by Committee on Technology, Telecommunications & Energy

MAJORITY recommendation: Do pass. Signed by Representatives Morris, Chairman; Ruderman, Vice Chairman; Crouse, Ranking Minority Member; Anderson; Berkey; Bush; Casada; DeBolt; Delvin; Esser; Hunt; Linville; Lysen; Nixon; Pflug; Reardon; Romero; Sullivan and Wood.

Voting Yea: Representatives Morris, Ruderman, Crouse, Anderson, Berkey, Bush, Casada, DeBolt, Delvin, Esser, Hunt, Linville, Lysen, Nixon, Pflug, Reardon, Romero, Sullivan and Wood.

Passed to Committee on Appropriations.

February 27, 2002

ESSB 6076 Prime Sponsor, Senate Committee on Judiciary: Modifying the powers and duties of fish and wildlife law enforcement officers. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Lovick, Vice Chairman; Ballasiotes, Ranking Minority Member; Ahern; Kagi; Kirby and Morell.

Voting Yea: Representatives O'Brien, Lovick, Ballasiotes, Ahern, Kagi, Kirby and Morell.

Passed to Committee on Appropriations.

February 28, 2002

SSB 6234 Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Requiring a date certain for the payment of insurance premiums. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 48.18.140 and 1989 c 25 s 2 are each amended to read as follows:

(1) The written instrument, in which a contract of insurance is set forth, is the policy.

(2) A policy shall specify:

(a) The names of the parties to the contract. The insurer's name shall be clearly shown in the policy.

(b) The subject of the insurance.

(d) The time at which the insurance thereunder takes effect and the period during which the insurance is to continue.

(e) A statement of the premium, and if other than life, disability, or title insurance, the premium rate where applicable.

(f) The conditions pertaining to the insurance.

(3) If under the contract the exact amount of premiums is determinable only at termination of the contract, a statement of the basis and rates upon which the final premium is to be determined and paid shall be specified in the policy.

(4)(a) Periodic payment plans for private passenger automobile insurance shall allow a specific day of the month for a due date for payment of premiums. A late charge may not be required if payment is received within five days of the date payment is due.

(b) The commissioner shall adopt rules to implement this subsection and shall take no disciplinary action against an insurer until ninety days after the effective date of the rule.

(5) This section shall not apply to surety insurance contracts."

On page 1, line 2 of the title, after "premiums;" strike the remainder of the title and insert "and amending RCW 48.18.140."

Signed by Representatives Cooper, Chairman; McIntire, Vice Chairman; Benson, Ranking Minority Member; Barlean; Cairnes; Hatfield; Mielke; Miloscia; Roach; Santos and Simpson.

Voting Yea: Representatives Cooper, Benson, Barlean, Cairnes, Hatfield, Mielke, Miloscia, Roach, Santos and Simpson.

Excused: Representative McIntire.

Passed to Committee on Rules for second reading.

February 28, 2002

SSB 6267 Prime Sponsor, Senate Committee on Judiciary: Revising the principal and income act. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass as amended.

On page 3, line 23, after "(b)" strike everything through "another" on line 24 and insert "Except as provided under section 104 (a) or (e) of this act, in exercising a"

Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Boldt; Dickerson; Esser; Jarrett; Lovick and Lysen.

Voting Yea: Representatives Lantz, Hurst, Carrell, Boldt, Dickerson, Esser, Jarrett, Lovick and Lysen.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6272 Prime Sponsor, Senator Long: Authorizing contracts for provision of basic medical care to sexually violent predators. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Dickerson; Esser; Jarrett; Lovick and Lysen.

MINORITY recommendation: Do not pass. Signed by Representatives Carrell, Ranking Minority Member; Boldt.

Voting Yea: Representatives Lantz, Hurst, Dickerson, Esser, Jarrett, Lovick and Lysen.

Voting Nay: Representatives Carrell and Boldt.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6292 Prime Sponsor, Senator Kline: Authorizing lay judicial officers. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Dickerson; Esser; Jarrett; Lovick and Lysen.

MINORITY recommendation: Without recommendation. Signed by Representatives Carrell, Ranking Minority Member; Boldt.

Voting Yea: Representatives Lantz, Hurst, Dickerson, Esser, Jarrett, Lovick and Lysen.

Voting Nay: Representatives Carrell and Boldt.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6337 Prime Sponsor, Senator Oke: Prohibiting tobacco product sampling. Reported by Committee on Health Care

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chairman; Schual-Berke, Vice Chairman; Campbell, Ranking Minority Member; Ballasiotes; Conway; Darneille; Edwards; Ruderman and Skinner.

MINORITY recommendation: Do not pass. Signed by Representatives Alexander and Benson.

Voting Yea: Representatives Cody, Schual-Berke, Campbell, Ballasiotes, Conway, Darneille, Edwards, Ruderman and Skinner.

Voting Nay: Representatives Alexander and Benson.

Passed to Committee on Finance.

February 28, 2002

SSB 6402 Prime Sponsor, Senate Committee on Human Services & Corrections: Providing for legal financial obligation deductions from inmate funds and wages. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Lovick, Vice Chairman; Ballasiotes, Ranking Minority Member; Ahern; Kagi; Kirby and Morell.

Voting Yea: Representatives O'Brien, Lovick, Ballasiotes, Ahern, Kagi, Kirby and Morell.

Passed to Committee on Rules for second reading.

February 28, 2002

SSB 6409 Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Requiring an opportunity for a cure before an action on a construction defect may be filed. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds, declares, and determines that limited changes in the law are necessary and appropriate concerning actions claiming damages, indemnity, or contribution in connection with alleged construction defects. It is the intent of the legislature that this chapter apply to these types of civil actions while preserving adequate rights and remedies for property owners who bring and maintain such actions.

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

(1) "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim, or cross-claim, for damage or the loss of use of real or personal property caused by a defect in the construction of a residence or in the substantial remodel of a residence. "Action" does not include any civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a construction defect.

(2) "Association" means an association, master association, or subassociation as defined and provided for in RCW 64.34.020(4), 64.34.276, 64.34.278, and 64.38.010(1).

(3) "Claimant" means a homeowner or association who asserts a claim against a construction professional concerning a defect in the construction of a residence or in the substantial remodel of a residence.

(4) "Construction professional" means an architect, builder, builder vendor, contractor, subcontractor, engineer, or inspector, including, but not limited to, a dealer as defined in RCW 64.34.020(12) and a declarant as defined in RCW 64.34.020(13), performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property, whether operating as a sole proprietor, partnership, corporation, or other business entity.

(5) "Homeowner" means: (a) Any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the construction, sale, or construction and sale of a residence; and (b) an "association" as defined in this section. "Homeowner" includes, but is not limited to, a subsequent purchaser of a residence from any homeowner.

(6) "Residence" means a single-family house, duplex, triplex, quadraplex, or a unit in a multiunit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system, and shall include common elements as defined in RCW 64.34.020(6) and common areas as defined in RCW 64.38.010(4).

(7) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee.

(8) "Substantial remodel" means a remodel of a residence, for which the total cost exceeds one-half of the assessed value of the residence for property tax purposes at the time the contract for the remodel work was made.

NEW SECTION. Sec. 3. (1) In every construction defect action brought against a construction professional, the claimant shall, no later than forty-five days before filing an action, serve written notice of claim on the construction professional. The notice of claim shall state that the claimant asserts a construction defect claim against the construction professional and shall describe the claim in reasonable detail sufficient to determine the general nature of the defect.

(2) Within twenty-one days after service of the notice of claim, the construction professional shall serve a written response on the claimant by registered mail or personal service. The written response shall:

(a) Propose to inspect the residence that is the subject of the claim and to complete the inspection within a specified time frame. The proposal shall include the statement that the construction professional shall, based on the inspection, offer to remedy the defect, compromise by payment, or dispute the claim;

(b) Offer to compromise and settle the claim by monetary payment without inspection. A construction professional's offer under this subsection (2)(b) to compromise and settle a homeowner's claim may include, but is not limited to, an express offer to purchase the claimant's residence that is the subject of the claim, and to pay the claimant's reasonable relocation costs; or

(c) State that the construction professional disputes the claim and will neither remedy the construction defect nor compromise and settle the claim.

(3)(a) If the construction professional disputes the claim or does not respond to the claimant's notice of claim within the time stated in subsection (2) of this section, the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.

(b) If the claimant rejects the inspection proposal or the settlement offer made by the construction professional pursuant to subsection (2) of this section, the claimant shall serve written notice of the claimant's rejection on the construction professional. After service of the rejection, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim. If the construction professional has not received from the claimant, within thirty days after the claimant's receipt of the construction professional's response, either an acceptance or rejection of the inspection proposal or settlement offer, then at anytime thereafter the construction professional may terminate the proposal or offer by serving written notice to the claimant, and the claimant may thereafter bring an action against the construction professional for the construction defect claim described in the notice of claim.

(4)(a) If the claimant elects to allow the construction professional to inspect in accordance with the construction professional's proposal pursuant to subsection (2)(a) of this section, the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's residence during normal working hours to inspect the premises and the claimed defect.

(b) Within fourteen days following completion of the inspection, the construction professional shall serve on the claimant:

(i) A written offer to remedy the construction defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction necessary to remedy the defect described in the claim, and a timetable for the completion of such construction;

(ii) A written offer to compromise and settle the claim by monetary payment pursuant to subsection (2)(b) of this section; or

(iii) A written statement that the construction professional will not proceed further to remedy the defect.

(c) If the construction professional does not proceed further to remedy the construction defect within the agreed timetable, or if the construction professional fails to comply with the provisions of (b) of this subsection, the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.

(d) If the claimant rejects the offer made by the construction professional pursuant to (b)(i) or (ii) of this subsection to either remedy the construction defect or to compromise and settle the claim by monetary payment, the claimant shall serve written notice of the claimant's rejection on the construction professional. After service of the rejection notice, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim. If the construction professional has not received from the claimant, within thirty days after the claimant's receipt of the construction professional's response, either an acceptance or rejection of the offer made pursuant to (b)(i) or (ii) of this subsection, then at anytime thereafter the construction professional may terminate the offer by serving written notice to the claimant.

(5)(a) Any claimant accepting the offer of a construction professional to remedy the construction defect pursuant to subsection (4)(b)(i) of this section shall do so by serving the construction professional with a written notice of acceptance within a reasonable time period after receipt of the offer, and no later than thirty days after receipt of the offer. The claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's residence during normal working hours to perform and complete the construction by the timetable stated in the offer.

(b) The claimant and construction professional may, by written mutual agreement, alter the extent of construction or the timetable for completion of construction stated in the offer, including, but not limited to, repair of additional defects.

(6) Any action commenced by a claimant prior to compliance with the requirements of this section shall be subject to dismissal without prejudice, and may not be recommenced until the claimant has complied with the requirements of this section.

(7) Nothing in this section may be construed to prevent a claimant from commencing an action on the construction defect claim described in the notice of claim if the construction professional fails to perform the construction agreed upon, fails to remedy the defect, or fails to perform by the timetable agreed upon pursuant to subsection (2)(a) or (5) of this section.

(8) Prior to commencing any action alleging a construction defect, or after the dismissal of any action without prejudice pursuant to subsection (6) of this section, the claimant may amend the notice of claim to include construction defects discovered after the service of the original notice of claim, and must otherwise comply with the requirements of this section for the additional claims. The service of an amended notice of claim shall relate back to the original notice of claim for purposes of tolling statutes of limitations and repose. Claims for defects discovered after the commencement or recommencement of an action may be added to such action only after providing notice to the construction professional of the defect and allowing for response under subsection (2) of this section.

NEW SECTION. Sec. 4. (1) In every action brought against a construction professional, the claimant, including a construction professional asserting a claim against another construction professional, shall file with the court and serve on the defendant a list of known construction defects in accordance with this section.

(2) The list of known construction defects shall contain a description of the construction that the claimant alleges to be defective. The list of known construction defects shall be filed with the court and served on the defendant within thirty days after the commencement of the action or within such longer period as the court in its discretion may allow.

(3) The list of known construction defects may be amended by the claimant to identify additional construction defects as they become known to the claimant.

(4) The list of known construction defects must specify, to the extent known to the claimant, the construction professional responsible for each alleged defect identified by the claimant.

(5) If a subcontractor or supplier is added as a party to an action under this section, the party making the claim against such subcontractor or supplier shall serve on the subcontractor or supplier the list of construction defects in accordance with this section within thirty days after service of the complaint against the subcontractor or supplier or within such period as the court in its discretion may allow.

NEW SECTION. Sec. 5. (1)(a) In the event the board of directors, pursuant to RCW 64.34.304(1)(d) or 64.38.020(4), institutes an action asserting defects in the construction of two or more residences, common elements, or common areas, this section shall apply. For purposes of this section, "action" has the same meaning as set forth in section 2 of this act.

(b) The board of directors shall substantially comply with the provisions of this section.

(2)(a) Prior to the service of the summons and complaint on any defendant with respect to an action governed by this section, the board of directors shall mail or deliver written notice of the commencement or anticipated commencement of such action to each homeowner at the last known address described in the association's records.

(b) The notice required by (a) of this subsection shall state a general description of the following:

(i) The nature of the action and the relief sought; and

(ii) The expenses and fees that the board of directors anticipates will be incurred in prosecuting the action.

(3) Nothing in this section may be construed to:

(a) Require the disclosure in the notice or the disclosure to a unit owner of attorney-client communications or other privileged communications;

(b) Permit the notice to serve as a basis for any person to assert the waiver of any applicable privilege or right of confidentiality resulting from, or to claim immunity in connection with, the disclosure of information in the notice; or

(c) Limit or impair the authority of the board of directors to contract for legal services, or limit or impair the ability to enforce such a contract for legal services.

NEW SECTION. Sec. 6. (1) The construction professional shall provide notice to each homeowner upon entering into a contract for sale, construction, or substantial remodel of a residence, of the construction professional's right to offer to cure construction defects before a homeowner may commence litigation against the construction professional. Such notice shall be conspicuous and may be included as part of the underlying contract signed by the homeowner. In the sale of a condominium unit, the requirement for delivery of such notice shall be deemed satisfied if contained in a public offering statement delivered in accordance with chapter 64.34 RCW.

(2) The notice required by this subsection shall be in substantially the following form:

CHAPTER 64.-- RCW (sections 1 through 7 of this act) CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE SELLER OR BUILDER OF YOUR HOME. FORTY-FIVE DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE SELLER OR BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR SELLER OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER OR SELLER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.

(3) This chapter shall not preclude or bar any action if notice is not given to the homeowner as required by this section.

NEW SECTION. Sec. 7. Nothing in this chapter shall be construed to hinder or otherwise affect the employment, agency, or contractual relationship between and among homeowners and construction professionals during the process of construction or remodeling and does not preclude the termination of those relationships as allowed under current law. Nothing in this chapter shall negate or otherwise restrict a construction professional's right to access or inspection provided by law, covenant, easement, or contract.

NEW SECTION. Sec. 8. A new section is added to chapter 4.16 RCW to read as follows:

If a written notice of claim is served under section 3 of this act within the time prescribed for the filing of an action under this chapter, the statutes of limitations for construction-related claims are tolled until sixty days after the period of time during which the filing of an action is barred under section 3 of this act.

Sec. 9. RCW 4.16.310 and 1986 c 305 s 702 are each amended to read as follows:

All claims or causes of action as set forth in RCW 4.16.300 shall accrue, and the applicable statute of limitation shall begin to run only during the period within six years after substantial completion of construction, or during the period within six years after the termination of the services enumerated in RCW 4.16.300, whichever is later. The phrase "substantial completion of construction" shall mean the state of completion reached when an improvement upon real property may be used or occupied for its intended use. Any cause of action which has not accrued within six years after such substantial completion of construction, or within six years after such termination of services, whichever is later, shall be barred: PROVIDED, That this limitation shall not be asserted as a defense by any owner, tenant or other person in possession and control of the improvement at the time such cause of action accrues. The limitations prescribed in this section apply to all claims or causes of action as set forth in RCW 4.16.300 brought in the name or for the benefit of the state which are made or commenced after June 11, 1986.

If a written notice is filed under section 3 of this act within the time prescribed for the filing of an action under this chapter, the period of time during which the filing of an action is barred under section 3 of this act plus sixty days shall not be a part of the period limited for the commencement of an action, nor for the application of this section.

Sec. 10. RCW 64.34.410 and 1997 c 400 s 1 are each amended to read as follows:

(1) A public offering statement shall contain the following information:

(a) The name and address of the condominium;

(b) The name and address of the declarant;

(d) The relationship of the management company to the declarant, if any;

(e) A list of up to the five most recent condominium projects completed by the declarant or an affiliate of the declarant within the past five years, including the names of the condominiums, their addresses, and the number of existing units in each. For the purpose of this section, a condominium is "completed" when any one unit therein has been rented or sold;

(f) The nature of the interest being offered for sale;

(g) A brief description of the permitted uses and use restrictions pertaining to the units and the common elements;

(h) A brief description of the restrictions, if any, on the renting or leasing of units by the declarant or other unit owners, together with the rights, if any, of the declarant to rent or lease at least a majority of units;

(i) The number of existing units in the condominium and the maximum number of units that may be added to the condominium;

(j) A list of the principal common amenities in the condominium which materially affect the value of the condominium and those that will or may be added to the condominium;

(k) A list of the limited common elements assigned to the units being offered for sale;

(l) The identification of any real property not in the condominium, the owner of which has access to any of the common elements, and a description of the terms of such access;

(m) The identification of any real property not in the condominium to which unit owners have access and a description of the terms of such access;

(n) The status of construction of the units and common elements, including estimated dates of completion if not completed;

(o) The estimated current common expense liability for the units being offered;

(p) An estimate of any payment with respect to the common expense liability for the units being offered which will be due at closing;

(q) The estimated current amount and purpose of any fees not included in the common expenses and charged by the declarant or the association for the use of any of the common elements;

(r) Any assessments which have been agreed to or are known to the declarant and which, if not paid, may constitute a lien against any units or common elements in favor of any governmental agency;

(s) The identification of any parts of the condominium, other than the units, which any individual owner will have the responsibility for maintaining;

(t) If the condominium involves a conversion condominium, the information required by RCW 64.34.415;

(u) Whether timesharing is restricted or prohibited, and if restricted, a general description of such restrictions;

(v) A list of all development rights reserved to the declarant and all special declarant rights reserved to the declarant, together with the dates such rights must terminate, and a copy of or reference by recording number to any recorded transfer of a special declarant right;

(w) A description of any material differences in terms of furnishings, fixtures, finishes, and equipment between any model unit available to the purchaser at the time the agreement for sale is executed and the unit being offered;

(x) Any liens on real property to be conveyed to the association required to be disclosed pursuant to RCW 64.34.435(2)(b);

(y) A list of any physical hazards known to the declarant which particularly affect the condominium or the immediate vicinity in which the condominium is located and which are not readily ascertainable by the purchaser;

(z) A brief description of any construction warranties to be provided to the purchaser;

(aa) Any building code violation citations received by the declarant in connection with the condominium which have not been corrected;

(bb) A statement of any unsatisfied judgments or pending suits against the association, a statement of the status of any pending suits material to the condominium of which the declarant has actual knowledge, and a statement of any litigation brought by an owners' association, unit owner, or governmental entity in which the declarant or any affiliate of the declarant has been a defendant, arising out of the construction, sale, or administration of any condominium within the previous five years, together with the results thereof, if known;

(cc) Any rights of first refusal to lease or purchase any unit or any of the common elements;

(dd) The extent to which the insurance provided by the association covers furnishings, fixtures, and equipment located in the unit;

(ee) A notice which describes a purchaser's right to cancel the purchase agreement or extend the closing under RCW 64.34.420, including applicable time frames and procedures;

(ff) Any reports or statements required by RCW 64.34.415 or 64.34.440(6)(a). RCW 64.34.415 shall apply to the public offering statement of a condominium in connection with which a final certificate of occupancy was issued more than sixty calendar months prior to the preparation of the public offering statement whether or not the condominium is a conversion condominium as defined in RCW 64.34.020(10);

(gg) A list of the documents which the prospective purchaser is entitled to receive from the declarant before the rescission period commences;

(hh) A notice which states: A purchaser may not rely on any representation or express warranty unless it is contained in the public offering statement or made in writing signed by the declarant or by any person identified in the public offering statement as the declarant's agent;

(ii) A notice which states: This public offering statement is only a summary of some of the significant aspects of purchasing a unit in this condominium and the condominium documents are complex, contain other important information, and create binding legal obligations. You should consider seeking the assistance of legal counsel;

(jj) Any other information and cross-references which the declarant believes will be helpful in describing the condominium to the recipients of the public offering statement, all of which may be included or not included at the option of the declarant; ((and))

(kk) A notice that addresses compliance or noncompliance with the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995; and

(ll) A notice that is substantially in the form required by section 6 of this act.

(2) The public offering statement shall include copies of each of the following documents: The declaration, the survey map and plans, the articles of incorporation of the association, bylaws of the association, rules and regulations, if any, current or proposed budget for the association, and the balance sheet of the association current within ninety days if assessments have been collected for ninety days or more.

If any of the foregoing documents listed in this subsection are not available because they have not been executed, adopted, or recorded, drafts of such documents shall be provided with the public offering statement, and, before closing the sale of a unit, the purchaser shall be given copies of any material changes between the draft of the proposed documents and the final documents.

(3) The disclosures required by subsection (1)(g), (k), (s), (u), (v), and (cc) of this section shall also contain a reference to specific sections in the condominium documents which further explain the information disclosed.

(4) The disclosures required by subsection (1)(ee), (hh), ((and)) (ii), and (ll) of this section shall be located at the top of the first page of the public offering statement and be typed or printed in ten-point bold face type size.

(5) A declarant shall promptly amend the public offering statement to reflect any material change in the information required by this section.

Sec. 11. RCW 64.34.452 and 1990 c 166 s 14 are each amended to read as follows:

(1) A judicial proceeding for breach of any obligations arising under RCW 64.34.443 and 64.34.445 must be commenced within four years after the cause of action accrues: PROVIDED, That the period for commencing an action for a breach accruing pursuant to subsection (2)(b) of this section shall not expire prior to one year after termination of the period of declarant control, if any, under RCW 64.34.308(4). Such period may not be reduced by either oral or written agreement.

(2) Subject to subsection (3) of this section, a cause of action or breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach, accrues:

(a) As to a unit, the date the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or the date of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and

(b) As to each common element, at the latest of (i) the date the first unit in the condominium was conveyed to a bona fide purchaser, (ii) the date the common element was completed, or (iii) the date the common element was added to the condominium.

(3) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the condominium, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.

(4) If a written notice of claim is served under section 3 of this act within the time prescribed for the filing of an action under this chapter, the statutes of limitation in this chapter and any applicable statutes of repose for construction-related claims are tolled until sixty days after the period of time during which the filing of an action is barred under section 3 of this act.

NEW SECTION. Sec. 12. Sections 1 through 7 of this act constitute a new chapter in Title 64 RCW."

Correct the title.

Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Boldt; Dickerson; Esser; Jarrett; Lovick and Lysen.

Voting Yea: Representatives Lantz, Hurst, Carrell, Boldt, Dickerson, Esser, Jarrett, Lovick and Lysen.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6416 Prime Sponsor, Senator Poulsen: Allowing public utility districts to define the eligible group of low-income citizens to whom they may provide services at reduced rates. Reported by Committee on Technology, Telecommunications & Energy

Voting Yea: Representatives Morris, Ruderman, Crouse, Anderson, Berkey, Bush, Casada, DeBolt, Delvin, Esser, Hunt, Linville, Lysen, Nixon, Pflug, Reardon, Romero, Sullivan and Wood.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6417 Prime Sponsor, Senator Johnson: Regarding the filing of wills in superior court. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Boldt; Dickerson; Esser; Jarrett; Lovick and Lysen.

Voting Yea: Representatives Lantz, Hurst, Carrell, Boldt, Dickerson, Esser, Jarrett, Lovick and Lysen.

Passed to Committee on Rules for second reading.

February 28, 2002

SSB 6423 Prime Sponsor, Senate Committee on Judiciary: Clarifying how criminal history should be used in sentencing decisions. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Lovick, Vice Chairman; Ballasiotes, Ranking Minority Member; Ahern; Kagi; Kirby and Morell.

Voting Yea: Representatives O'Brien, Lovick, Ballasiotes, Ahern, Kagi, Kirby and Morell.

Passed to Committee on Rules for second reading.

February 28, 2002

ESSB 6428 Prime Sponsor, Senate Committee on Judiciary: Providing for loss prevention review teams. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass as amended.

On page 4, after line 30, insert the following:

"(9) Nothing in section 2 of this act or in this section affects chapter 70.41 RCW and application of that chapter to state-owned or managed hospitals licensed under chapter 70.41 RCW."

Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Dickerson; Esser; Jarrett; Lovick and Lysen.

MINORITY recommendation: Do not pass. Signed by Representatives Carrell, Ranking Minority Member; Boldt.

Voting Yea: Representatives Lantz, Hurst, Dickerson, Esser, Jarrett, Lovick and Lysen.

Voting Nay: Representatives Carrell and Boldt.

Passed to Committee on Appropriations.

February 28, 2002

SB 6429 Prime Sponsor, Senator B. Sheldon: Regulating the admissibility of benevolent gestures in civil actions. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Dickerson; Esser; Jarrett; Lovick and Lysen.

MINORITY recommendation: Do not pass. Signed by Representatives Boldt.

Voting Yea: Representatives Lantz, Hurst, Carrell, Dickerson, Esser, Jarrett, Lovick and Lysen.

Voting Nay: Representative Boldt.

Passed to Committee on Rules for second reading.

March 1, 2002

SSB 6447 Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Establishing a do not call list. Reported by Committee on Technology, Telecommunications & Energy

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 19.158.110 and 1989 c 20 s 11 are each amended to read as follows:

(1) Within the first minute of the telephone call, a commercial telephone solicitor or salesperson shall:

(a) Identify himself or herself, the company on whose behalf the solicitation is being made, the property, goods, or services being sold; and

(b) Terminate the telephone call within ten seconds if the purchaser indicates he or she does not wish to continue the conversation.

(2) If at any time during the telephone contact, the purchaser states or indicates that he or she does not wish to be called again by the commercial telephone solicitor or wants to have his or her name and individual telephone number removed from the telephone lists used by the commercial telephone solicitor:

(a) The commercial telephone solicitor shall not make any additional commercial telephone solicitation of the called party at that telephone number within a period of at least one year; and

(b) The commercial telephone solicitor shall not sell or give the called party's name and telephone number to another commercial telephone solicitor: PROVIDED, That the commercial telephone solicitor may return the list, including the called party's name and telephone number, to the company or organization from which it received the list.

(3) The utilities and transportation commission shall by rule ensure that telecommunications companies inform their residential customers of the provisions of this section and section 2 of this act. The notification may be made by:

(a) Annual inserts in the billing statements mailed to residential customers; or

(b) Conspicuous publication of the notice in the consumer information pages of local telephone directories.

(4) If a sale or an agreement to purchase is completed, the commercial telephone solicitor must inform the purchaser of his or her cancellation rights as enunciated in this chapter, state the registration number issued by the department of licensing, and give the street address of the seller.

(5) If, at any time prior to sale or agreement to purchase, the commercial telephone solicitor's registration number is requested by the purchaser, it must be provided.

(6) All oral disclosures required by this section shall be made in a clear and intelligible manner.

NEW SECTION. Sec. 2. A new section is added to chapter 19.158 RCW to read as follows:

(1)(a) The department of licensing shall provide for the establishment and operation of a list of telephone numbers of persons who object to receiving commercial telephone solicitations. The list shall be called the do not call list. The department shall update the list quarterly, and shall provide the list, in written or electronic form, to commercial telephone solicitors that are registered with the department under RCW 19.158.050 and have paid all applicable fees. The department shall establish a fee sufficient to support the costs of administering and enforcing this section and providing the list quarterly to each commercial telephone solicitor. To the extent that moneys from civil penalties or attorney fee awards are deposited in the commercial telephone solicitation account, the department shall use these revenues to support its responsibilities under this section, and it shall adjust the fee accordingly. Each commercial telephone solicitor registered under this chapter must pay the fee annually. The department of licensing may contract with a private vendor to establish and maintain the do not call list.

(b) Beginning January 1, 2003, persons wishing to have their phone numbers placed on the list must notify the department of licensing. A listing shall be effective for two years, after which the person may renew the listing for successive two-year periods by notifying the department of licensing. The department of licensing shall determine the notification requirements.

(c) All fees collected by the department of licensing under this section, and civil penalties and attorneys' fees collected by the attorney general in enforcing this section, shall be deposited in the commercial telephone solicitation account created in section 3 of this act, and used solely for the administration and enforcement of this section.

(2) No commercial telephone solicitor may make a commercial telephone solicitation to any telephone number more than sixty days after the number appears on the current do not call list.

(3) A telephone solicitation made to a number on the do not call list is not a violation of this section if the telephone solicitation is an isolated occurrence made by a person who has in place adequate procedures to comply with this section.

(4) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. In addition to any other penalties or remedies available under this chapter or chapter 19.86 RCW, a person injured by a violation of subsection (2) of this section may bring an action for recovery of liquidated damages in the amount of one thousand dollars per violation, plus court costs and attorneys' fees.

(5) The director of the department of licensing may make rules, create forms, and issue orders as necessary to carry out the provisions of this section.

NEW SECTION. Sec. 3. A new section is added to chapter 19.158 RCW to read as follows:

The commercial telephone solicitation account is created in the custody of the state treasurer. All moneys received by the department under section 2 of this act and civil penalties and attorneys' fees collected by the attorney general in enforcing section 2 of this act shall be deposited in the commercial telephone solicitation account and used solely for the administration and enforcement of section 2 of this act. Only the director of the department of licensing or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

NEW SECTION. Sec. 4. This act takes effect July 1, 2002."

Correct the title.

Signed by Representatives Morris, Chairman; Ruderman, Vice Chairman; Anderson; Berkey; Bush; Casada; DeBolt; Esser; Hunt; Linville; Lysen; Nixon; Pflug; Reardon; Romero; Sullivan and Wood.

MINORITY recommendation: Without recommendation. Signed by Representatives Crouse, Ranking Minority Member; Delvin.

Voting Yea: Representatives Morris, Ruderman, Anderson, Berkey, Bush, Casada, Esser, Hunt, Linville, Lysen, Nixon, Sullivan and Wood.

Voting Nay: Representatives Crouse and Delvin.

Excused: Representatives DeBolt, Pflug, Reardon and Romero.

Passed to Committee on Appropriations.

February 28, 2002

SSB 6473 Prime Sponsor, Senate Committee on Human Services & Corrections: Facilitating the convicted offender DNA data base. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. 1989 c 350 s 1 (uncodified) is amended to read as follows:

The legislature finds that recent developments in molecular biology and genetics have important applications for forensic science. It has been scientifically established that there is a unique pattern to the chemical structure of the deoxyribonucleic acid (DNA) contained in each cell of the human body. The process for identifying this pattern is called "DNA identification."

The legislature further finds that ((the accuracy of identification provided by this method is superior to that of any presently existing technique and recognizes the importance of this scientific breakthrough in providing a reliable and accurate tool for the investigation and prosecution of sex offenses as defined in RCW 9.94A.030(26) and violent offenses as defined in RCW 9.94A.030(29))) DNA data bases are important tools in criminal investigations, in the exclusion of individuals who are the subject of investigations or prosecutions, and in detecting recidivist acts. It is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in both the identification and detection of individuals in criminal investigations and the identification and location of missing and unidentified persons. Therefore, it is in the best interest of the state to establish a DNA data base and DNA data bank containing DNA samples submitted by persons convicted of felony offenses and DNA samples necessary for the identification of missing persons and unidentified human remains.

The legislature further finds that the DNA identification system used by the Federal Bureau of Investigation and the Washington state patrol has no ability to predict genetic disease or predisposal to illness. Nonetheless, the legislature intends that biological samples collected under RCW 43.43.754, and DNA identification data obtained from the samples, be used only for purposes related to criminal investigation, identification of human remains or missing persons, or improving the operation of the system authorized under RCW 43.43.752 through 43.43.758.

Sec. 2. RCW 43.43.754 and 1999 c 329 s 2 are each amended to read as follows:

(1) Every adult or juvenile individual convicted of a felony, stalking under RCW 9A.46.110, harassment under RCW 9A.46.020, communicating with a minor for immoral purposes under RCW 9.68A.090, or adjudicated guilty of an equivalent juvenile offense ((defined as a sex offense under RCW 9.94A.030(33)(a) or a violent offense as defined in RCW 9.94A.030 shall have a blood sample drawn)) must have a biological sample collected for purposes of DNA identification analysis((.)) in the following manner:

(a) For persons convicted of such offenses or adjudicated guilty of an equivalent juvenile offense who ((are serving or who are to serve a term of confinement in a county jail or detention)) do not serve a term of confinement in a department of corrections facility, and do serve a term of confinement in a city or county jail facility, the city or county shall be responsible for obtaining ((blood)) the biological samples either as part of the intake process into the city or county jail or detention facility for those persons convicted on or after ((July 25, 1999)) the effective date of this act, or within a reasonable time after ((July 25, 1999)) the effective date of this act, for those persons incarcerated ((prior to July 25, 1999)) before the effective date of this act, who have not yet had a ((blood)) biological sample ((drawn)) collected, beginning with those persons who will be released the soonest.

(b) For persons convicted of such offenses or adjudicated guilty of an equivalent juvenile offense who do not serve a term of confinement in a department of corrections facility, and do not serve a term of confinement in a city or county jail facility, the local police department or sheriff's office is responsible for obtaining the biological samples after sentencing on or after the effective date of this act.

(c) For persons convicted of such offenses or adjudicated guilty of an equivalent juvenile offense, who are serving or who are to serve a term of confinement in a department of corrections facility or a ((division of juvenile rehabilitation)) department of social and health services facility, the facility holding the person shall be responsible for obtaining ((blood)) the biological samples either as part of the intake process into such facility for those persons convicted on or after ((July 25, 1999)) the effective date of this act, or within a reasonable time after ((July 25, 1999)) the effective date of this act, for those persons incarcerated ((prior to July 25, 1999)) before the effective date of this act, who have not yet had a ((blood)) biological sample ((drawn)) collected, beginning with those persons who will be released the soonest.

(2) Any ((blood)) biological sample taken pursuant to RCW 43.43.752 through 43.43.758 may be retained by the forensic laboratory services bureau, and shall be used solely for the purpose of providing DNA or other ((blood grouping)) tests for identification analysis and prosecution of a ((sex offense or a violent offense)) criminal offense or for the identification of human remains or missing persons. Nothing in this section prohibits the submission of results derived from the biological samples to the Federal Bureau of Investigation combined DNA index system.

(3) The director of the forensic laboratory services bureau of the Washington state patrol shall perform testing on all biological samples collected under subsection (1) of this section, to the extent allowed by funding available for this purpose. The director shall give priority to testing on samples collected from those adults or juveniles convicted of a felony or adjudicated guilty of an equivalent juvenile offense that is defined as a sex offense or a violent offense in RCW 9.94A.030.

(4) This section applies to all adults who are convicted of a sex or violent offense after July 1, 1990; and to all adults who were convicted of a sex or violent offense on or prior to July 1, 1990, and who are still incarcerated on or after July 25, 1999. This section applies to all juveniles who are adjudicated guilty of a sex or violent offense after July 1, 1994; and to all juveniles who were adjudicated guilty of a sex or violent offense on or prior to July 1, 1994, and who are still incarcerated on or after July 25, 1999. This section applies to all adults and juveniles who are convicted of a felony other than a sex or violent offense, stalking under RCW 9A.46.110, harassment under RCW 9A.46.020, or communicating with a minor for immoral purposes under RCW 9.68A.090, or adjudicated guilty of an equivalent juvenile offense, on or after the effective date of this act; and to all adults and juveniles who were convicted or adjudicated guilty of such an offense before the effective date of this act and are still incarcerated on or after the effective date of this act.

(5) This section creates no rights in a third person. No cause of action may be brought based upon the noncollection or nonanalysis or the delayed collection or analysis of a biological sample authorized to be taken under RCW 43.43.752 through 43.43.758.

(6) The detention, arrest, or conviction of a person based upon a data base match or data base information is not invalidated if it is determined that the sample was obtained or placed in the data base by mistake, or if the conviction or juvenile adjudication that resulted in the collection of the biological sample was subsequently vacated or otherwise altered in any future proceeding including but not limited to posttrial or postfact-finding motions, appeals, or collateral attacks.

Sec. 3. RCW 43.43.759 and 1990 c 230 s 1 are each amended to read as follows:

The Washington state patrol shall consult with the forensic investigations council and adopt rules to implement RCW 43.43.752 through 43.43.758. The rules shall prohibit the use of DNA identification data for any research or other purpose that is not related to a criminal investigation, to the identification of human remains or missing persons, or to improving the operation of the system authorized by RCW 43.43.752 through 43.43.758. The rules must also identify appropriate sources and collection methods for biological samples needed for purposes of DNA identification analysis.

NEW SECTION. Sec. 4. A new section is added to chapter 43.43 RCW to read as follows:

Every sentence imposed under chapter 9.94A RCW, for a felony specified in RCW 43.43.754 that is committed on or after the effective date of this act, must include a fee of one hundred dollars for collection of a biological sample as required under RCW 43.43.754, unless the court finds that imposing the fee would result in undue hardship on the offender. The fee is a court-ordered legal financial obligation as defined in RCW 9.94A.030, payable by the offender after payment of all other legal financial obligations included in the sentence has been completed. The clerk of the court shall transmit fees collected to the state treasurer for deposit in the state DNA data base account created under section 5 of this act.

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

The state DNA data base account is created in the custody of the state treasurer. All receipts under section 4 of this act must be deposited into the account. Expenditures from the account may be used only for creation, operation, and maintenance of the DNA data base under RCW 43.43.754. Only the chief of the Washington state patrol or the chief's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 6. RCW 9.94A.505 and 2001 2nd sp.s. c 12 s 312 are each amended to read as follows:

(1) When a person is convicted of a felony, the court shall impose punishment as provided in this chapter.

(2)(a) The court shall impose a sentence as provided in the following sections and as applicable in the case:

(i) Unless another term of confinement applies, the court shall impose a sentence within the standard sentence range established in RCW 9.94A.510;

(ii) RCW 9.94A.700 and 9.94A.705, relating to community placement;

(iii) RCW 9.94A.710 and 9.94A.715, relating to community custody;

(iv) RCW 9.94A.545, relating to community custody for offenders whose term of confinement is one year or less;

(v) RCW 9.94A.570, relating to persistent offenders;

(vi) RCW 9.94A.540, relating to mandatory minimum terms;

(vii) RCW 9.94A.650, relating to the first-time offender waiver;

(viii) RCW 9.94A.660, relating to the drug offender sentencing alternative;

(ix) RCW 9.94A.670, relating to the special sex offender sentencing alternative;

(x) RCW 9.94A.712, relating to certain sex offenses;

(xi) RCW 9.94A.535, relating to exceptional sentences;

(xii) RCW 9.94A.589, relating to consecutive and concurrent sentences.

(b) If a standard sentence range has not been established for the offender's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community service work; until July 1, 2000, a term of community supervision not to exceed one year and on and after July 1, 2000, a term of community custody not to exceed one year, subject to conditions and sanctions as authorized in RCW 9.94A.710 (2) and (3); and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds reasons justifying an exceptional sentence as provided in RCW 9.94A.535.

(3) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

(4) If a sentence imposed includes payment of a legal financial obligation, it shall be imposed as provided in RCW 9.94A.750, 9.94A.753, ((and)) 9.94A.760, and section 4 of this act.

(5) Except as provided under RCW 9.94A.750(4) and 9.94A.753(4), a court may not impose a sentence providing for a term of confinement or community supervision, community placement, or community custody which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

(6) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

(7) The court shall order restitution as provided in RCW 9.94A.750 and 9.94A.753.

(8) As a part of any sentence, the court may impose and enforce crime-related prohibitions and affirmative conditions as provided in this chapter.

(9) The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment must be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.

(10) In any sentence of partial confinement, the court may require the offender to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

(11) In sentencing an offender convicted of a crime of domestic violence, as defined in RCW 10.99.020, if the offender has a minor child, or if the victim of the offense for which the offender was convicted has a minor child, the court may, as part of any term of community supervision, community placement, or community custody, order the offender to participate in a domestic violence perpetrator program approved under RCW 26.50.150.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 8. Section 1 of this act is added to chapter 43.43 RCW.

NEW SECTION. Sec. 9. This act takes effect July 1, 2002."

Signed by Representatives O'Brien, Chairman; Lovick, Vice Chairman; Ballasiotes, Ranking Minority Member; Ahern; Kagi; Kirby and Morell.

Voting Yea: Representatives O'Brien, Lovick, Ballasiotes, Ahern, Kagi, Kirby and Morell.

Passed to Committee on Appropriations.

February 28, 2002

SB 6484 Prime Sponsor, Senator Haugen: Authorizing additional trust authority to take advantage of federal estate tax benefits for conservation easements. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Boldt; Dickerson; Esser; Jarrett; Lovick and Lysen.

Voting Yea: Representatives Lantz, Hurst, Carrell, Boldt, Dickerson, Esser, Jarrett, Lovick and Lysen.

Passed to Committee on Rules for second reading.

February 28, 2002

SSB 6496 Prime Sponsor, Senate Committee on Judiciary: Regulating vehicular pursuit. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Lovick, Vice Chairman; Ballasiotes, Ranking Minority Member; Ahern; Kagi; Kirby and Morell.

Voting Yea: Representatives O'Brien, Lovick, Ballasiotes, Ahern, Kagi, Kirby and Morell.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6510 Prime Sponsor, Senator Kline: Changing provisions relating to the administrative office of the courts. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Boldt; Dickerson; Esser; Jarrett; Lovick and Lysen.

Voting Yea: Representatives Lantz, Hurst, Carrell, Boldt, Dickerson, Esser, Jarrett, Lovick and Lysen.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6511 Prime Sponsor, Senator Johnson: Authorizing any sitting elected judge to be a judge pro tempore. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Boldt; Dickerson; Esser; Jarrett; Lovick and Lysen.

Voting Yea: Representatives Lantz, Hurst, Carrell, Boldt, Dickerson, Esser, Jarrett, Lovick and Lysen.

Passed to Committee on Rules for second reading.

February 28, 2002

ESSB 6524 Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Restricting use of credit history. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 48.18 RCW to read as follows:

UNDERWRITING RESTRICTIONS THAT APPLY TO PERSONAL INSURANCE. (1) For the purposes of this section:

(a) "Adverse action" has the same meaning as defined in the fair credit reporting act, 15 U.S.C. Sec. 1681 et seq. Adverse actions include, but are not limited to:

(i) Cancellation, denial, or nonrenewal of personal insurance coverage;

(ii) Charging a higher insurance premium for personal insurance than would have been offered if the credit history or insurance score had been more favorable, whether the charge is by:

(A) Application of a rating rule;

(B) Assignment to a rating tier that does not have the lowest available rates; or

(C) Placement with an affiliate company that does not offer the lowest rates available to the consumer within the affiliate group of insurance companies; or

(iii) Any reduction, adverse, or unfavorable change in the terms of coverage or amount of any personal insurance due to a consumer's credit history or insurance score. A reduction, adverse, or unfavorable change in the terms of coverage occurs when:

(A) Coverage provided to the consumer is not as broad in scope as coverage requested by the consumer but available to other insureds of the insurer or any affiliate; or

(B) The consumer is not eligible for benefits such as dividends that are available through affiliate insurers.

(b) "Affiliate" has the same meaning as defined in RCW 48.31B.005(1).

(d) "Consumer report" has the same meaning as defined in the fair credit reporting act, 15 U.S.C. Sec. 1681 et seq.

(e) "Credit history" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used, or collected in whole or in part, for the purpose of serving as a factor in determining personal insurance premiums or eligibility for coverage.

(f) "Insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit history.

(g) "Personal insurance" means:

(i) Private passenger automobile coverage;

(ii) Homeowner's coverage, including mobile homeowners, manufactured homeowners, condominium owners, and renter's coverage;

(iii) Dwelling property coverage;

(iv) Earthquake coverage for a residence or personal property;

(v) Personal liability and theft coverage;

(vi) Personal inland marine coverage; and

(vii) Mechanical breakdown coverage for personal auto or home appliances.

(h) "Tier" means a category within a single insurer into which insureds with substantially like insuring, risk or exposure factors, and expense elements are placed for purposes of determining rate or premium.

(2) An insurer that takes adverse action against a consumer based in whole or in part on credit history or insurance score shall provide written notice to the applicant or named insured. The notice must state the significant factors of the credit history or insurance score that resulted in the adverse action. The insurer shall also inform the consumer that the consumer is entitled to a free copy of their consumer report under the fair credit reporting act.

(3) An insurer shall not cancel or nonrenew personal insurance based in whole or in part on a consumer's credit history or insurance score. An offer of placement with an affiliate insurer does not constitute cancellation or nonrenewal under this section.

(4) An insurer may use credit history to deny personal insurance only in combination with other substantive underwriting factors. For the purposes of this subsection:

(a) "Deny" means an insurer refuses to offer insurance coverage to a consumer;

(b) An offer of placement with an affiliate insurer does not constitute denial of coverage; and

(c) An insurer may reject an application when coverage is not bound or cancel an insurance contract within the first sixty days after the effective date of the contract.

(5) Insurers shall not deny personal insurance coverage based on:

(a) The absence of credit history or the inability to determine the consumer's credit history, if the insurer has received accurate and complete information from the consumer;

(b) The number of credit inquiries;

(d) The initial purchase or finance of a vehicle or house that adds a new loan to the consumer's existing credit history, if evident from the consumer report; however, an insurer may consider the bill payment history of any loan, the total number of loans, or both;

(e) The consumer's use of a particular type of credit card, charge card, or debit card, unless specifically permitted by rule adopted by the commissioner; or

(f) The consumer's total available line of credit; however, an insurer may consider the total amount of outstanding debt in relation to the total available line of credit.

(6)(a) If disputed credit history is used to determine eligibility for coverage and a consumer is placed with an affiliate that charges higher premiums or offers less favorable policy terms:

(i) The insurer shall reissue or rerate the policy retroactive to the effective date of the current policy term; and

(ii) The policy, as reissued or rerated, shall provide premiums and policy terms the consumer would have been eligible for if accurate credit history had been used to determine eligibility.

(b) This subsection only applies if the consumer resolves the dispute under the process set forth in the fair credit reporting act and notifies the insurer in writing that the dispute has been resolved.

(7) The commissioner may adopt rules to implement this section.

(8) This section applies to all personal insurance policies issued or renewed after January 1, 2003.

NEW SECTION. Sec. 2. A new section is added to chapter 48.19 RCW to read as follows:

MAKING OF RATES--PERSONAL INSURANCE. (1) For the purposes of this section:

(a) "Consumer" means an individual policyholder or applicant for insurance.

(b) "Credit history" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used, or collected in whole or in part, for the purpose of serving as a factor in determining personal insurance premiums or eligibility for coverage.

(c) "Insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit history.

(d) "Personal insurance" means:

(i) Private passenger automobile coverage;

(ii) Homeowner's coverage, including mobile homeowners, manufactured homeowners, condominium owners, and renter's coverage;

(iii) Dwelling property coverage;

(iv) Earthquake coverage for a residence or personal property;

(v) Personal liability and theft coverage;

(vi) Personal inland marine coverage; and

(vii) Mechanical breakdown coverage for personal auto or home appliances.

(2) Credit history shall not be used to determine personal insurance rates, premiums, or eligibility for coverage unless the insurance scoring models are filed with the commissioner. Insurance scoring models include all attributes and factors used in the calculation of an insurance score. RCW 48.19.040(5) does not apply to any information filed under this subsection, and the information shall be withheld from public inspection and kept confidential by the commissioner. All information filed under this subsection shall be considered trade secrets under RCW 48.02.120(3). Information filed under this subsection may be made public by the commissioner for the sole purpose of enforcement actions taken by the commissioner.

(3) Insurers shall not use the following types of credit history to calculate a personal insurance score or determine personal insurance premiums or rates:

(a) The absence of credit history or the inability to determine the consumer's credit history, unless the insurer has filed actuarial data segmented by demographic factors in a manner prescribed by the commissioner that demonstrates compliance with RCW 48.19.020;

(b) The number of credit inquiries;

(e) The consumer's use of a particular type of credit card, charge card, or debit card, unless specifically permitted by rule adopted by the commissioner; or

(f) The consumer's total available line of credit; however, an insurer may consider the total amount of outstanding debt in relation to the total available line of credit.

(4) If a consumer is charged higher premiums due to disputed credit history, the insurer shall rerate the policy retroactive to the effective date of the current policy term. As rerated, the consumer shall be charged the same premiums they would have been charged if accurate credit history was used to calculate an insurance score. This subsection applies only if the consumer resolves the dispute under the process set forth in the fair credit reporting act and notifies the insurer in writing that the dispute has been resolved.

(5) The commissioner may adopt rules to implement this section.

(6) This section applies to all personal insurance policies issued or renewed on or after June 30, 2003.

NEW SECTION. Sec. 3. Captions used in this act are not any part of the law.

NEW SECTION. Sec. 4. The commissioner shall report to the legislature by January 1, 2004, on issues related to the use of credit history in personal insurance underwriting and rating and the implementation of this act. The report must include:

(1) A review of how this act has been implemented and how it has impacted consumers; and

(2) A review and analysis of insurance scoring that is due to the legislature by January 1, 2003, which includes, but is not limited to:

(a) Which types of consumers, based on demographic factors, benefit from or are harmed by the use of credit history in personal insurance rating and underwriting;

(b) The extent to which the use of credit history affects rates charged to the consumer;

(d) Other issues as determined by the commissioner."

On page 1, line 1 of the title, after "purposes;" strike the remainder of the title and insert "adding a new section to chapter 48.18 RCW; adding a new section to chapter 48.19 RCW; and creating new sections."

Signed by Representatives Cooper, Chairman; McIntire, Vice Chairman; Hatfield; Miloscia; Santos and Simpson.

MINORITY recommendation: Without recommendation. Signed by Representatives Benson, Ranking Minority Member; Barlean; Cairnes; Mielke and Roach.

Voting Yea: Representatives Cooper, McIntire, Hatfield, Miloscia, Santos and Simpson.

Voting Nay: Representatives Benson, Barlean, Cairnes and Mielke.

Excused: Representatives Roach.

Passed to Committee on Rules for second reading.

February 28, 2002

ESB 6525 Prime Sponsor, Senator Prentice: Regulating single premium credit insurance. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that single premium credit insurance, when added to a loan balance and financed, reduces equity in real property and may cost purchasers of credit insurance thousands of dollars in interest payments. This insurance may also be sold using deceptive marketing practices.

NEW SECTION. Sec. 2. A new section is added to chapter 48.30 RCW to read as follows:

(1) For the purpose of this section:

(a) "Single premium credit insurance" means any credit insurance where the full premium is charged to the consumer as a whole sum at or near the inception of coverage whether that charge is made by the creditor or by the insurer.

(b) "Residential mortgage loan" means any loan primarily for personal, family, or household use secured by a mortgage or deed of trust on residential real estate upon which is constructed or intended to be constructed a single-family dwelling or multiple-family dwelling of four or less units.

(2) Single premium credit insurance products shall not be sold in connection with a residential mortgage loan unless:

(a) The borrower is given the option to buy monthly credit insurance products where the insurance premiums are not financed;

(b) The term of the single premium credit insurance coverage is not longer than the term of the loan agreement or the premiums are financed for a period not to exceed the term of the single premium credit insurance coverage;

(c) The borrower is provided a full refund of premiums if the insurance is canceled within sixty days of the date of the loan; and

(d) The borrower is provided with written notification that the purchase of the single premium credit insurance is optional and that the receipt of the loan is not contingent on the purchase of the insurance. Failure to provide this notification shall constitute an unfair or deceptive practice under RCW 19.146.0201 and 31.04.027.

(3) An insurer must comply with the terms of this section:

(a) The earlier of sixty days after the commissioner approves an insurer's credit insurance monthly product or one year after the effective date of this section, unless the insurer and the commissioner are actively engaged in making a good faith effort towards approval of the credit insurance monthly product; or

(b) One year after the effective date of this section if the insurer has not filed a credit insurance monthly product for approval.

(4) The commissioner may adopt rules establishing disclosure standards for the sale of single premium credit insurance. All disclosures to the borrower must be in writing. The disclosure statement must be signed by the borrower and the borrower must receive a copy of the signed document no later than the time of closing. Required disclosures include, but are not limited to:

(a) The cost of single premium credit insurance and related financing charges;

(b) A comparison of the cost of single premium credit insurance to comparable credit insurance described in subsection (2)(a) of this section;

(d) Notification to the borrower that the purchase of the single premium credit insurance is optional and that the receipt of the loan is not contingent on the purchase of the insurance.

NEW SECTION. Sec. 3. A new section is added to chapter 48.30 RCW to read as follows:

The prohibition under section 2 of this act does not apply to residential mortgage loans if:

(1) The loan amount does not exceed ten thousand dollars, exclusive of fees; and

(2) The repayment term of the loan does not exceed five years; and

(3) The term of the credit insurance does not exceed the repayment term of the loan.

NEW SECTION. Sec. 4. This act takes effect July 1, 2002."

On page 1, line 1 of the title, after "insurance;" strike the remainder of the title and insert "adding new sections to chapter 48.30 RCW; creating a new section; and providing an effective date."

Signed by Representatives Cooper, Chairman; McIntire, Vice Chairman; Benson, Ranking Minority Member; Barlean; Cairnes; Hatfield; Mielke; Miloscia; Roach; Santos and Simpson.

Voting Yea: Representatives Cooper, McIntire, Benson, Barlean, Cairnes, Hatfield, Mielke, Miloscia, Roach, Santos and Simpson.

Passed to Committee on Rules for second reading.

March 1, 2002

ESSB 6528 Prime Sponsor, Senate Committee on State & Local Government: Allowing governmental entities that award publicly funded contracts to select contractors using the lowest responsible bidder method. Reported by Committee on State Government

MAJORITY recommendation: Do pass as amended.

On page 1, line 5, after "for" strike "publicly funded" and insert "public works"

On page 1, line 8, after "RCW" insert "or RCW 28B.10.350"

On page 1, line 10, after "for" strike "publicly funded" and insert "public works"

On page 1, line 12, after "responsible" strike all material through "act" on line 13.

On page 1, line 16, after "consider" insert ", but is not limited to,"

On page 2, line 10, after "entities" strike all material through "used." on line 15 and insert "may create their own questionnaire or may use a questionnaire created by the Washington state department of general administration to determine compliance with section 2 of this act."

Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McDermott and Upthegrove.

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

Voting Yea: Representatives Romero, Miloscia, McDermott and Upthegrove.

Voting Nay: Representatives McMorris, Schindler and Schmidt.

Passed to Committee on Rules for second reading.

March 1, 2002

ESSB 6531 Prime Sponsor, Senate Committee on Environment, Energy & Water: Modifying the duties of the joint committee on energy supply. Reported by Committee on Technology, Telecommunications & Energy

Voting Yea: Representatives Morris, Ruderman, Crouse, Anderson, Berkey, Bush, Casada, Delvin, Esser, Hunt, Linville, Lysen, Nixon, Sullivan and Wood.

Excused: Representatives DeBolt, Pflug, Reardon and Romero.

Passed to Committee on Rules for second reading.

March 1, 2002

SB 6571 Prime Sponsor, Senator Franklin: Providing fiscal impact statements for ballot measures. Reported by Committee on State Government

MAJORITY recommendation: Do pass as amended.

On page 1, after line 3, insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 29.79 RCW to read as follows:

The legislature recognizes that through the initiative and referendum processes, voters play an increasing role in setting statewide legislative policy and adopting new laws. In exercising this authority, voters in this state deserve to have sufficient information to make educated decisions. The Washington state supreme court recognized that a significant number of voters make decisions on initiatives and referenda based merely upon the information provided in the ballot. Therefore, the ballot should provide voters with the information they need to evaluate the impacts of their decision, just as the legislature educates its own decisions through fiscal notes under chapter 43.88A RCW. The legislature finds that the voters of the state have a particular interest in understanding their decisions' impacts on existing government services and programs. This is best accomplished by preparing a fiscal impact statement and providing voters with a "notice of probable impacts," which summarizes the fiscal impact statement and shall be displayed on ballots directly beneath the ballot title."

Correct the title, renumber the sections consecutively, and correct internal references accordingly.

On page 2, beginning on line 11, strike all material through page 3, line 8, and insert the following:

"NEW SECTION. Sec. 3. A new section is added to chapter 29.79 RCW to read as follows:

If a fiscal impact statement identifies a combined financial impact of at least twenty-five million dollars on state and local governments, the office of financial management must prepare a notice of probable impacts to be placed on the ballot beneath the ballot title. The office of financial management shall prepare a notice of probable impacts in consultation with the secretary of state, the attorney general, and any other appropriate state or local agencies.

The notice of probable impacts must be no more than fifty words, must be written in clear and concise language, avoiding legal and technical terms when possible, and may include easy to understand graphics. Where appropriate, the notice of probable impacts may include both estimated dollar amounts and a description placing the estimated dollar amounts into context.

The notice of probable impacts shall appear on all ballots directly beneath the ballot title. Above the notice must be a heading in capital letters, stating "NOTICE OF PROBABLE IMPACTS OF BALLOT MEASURE."

NEW SECTION. Sec. 4. A new section is added to chapter 29.79 RCW to read as follows:

The fiscal impact statement and the notice of probable impacts must identify which programs, if any, will be eliminated because of a decrease in revenues or increase in costs, expenditures, or indebtedness. If the office of financial management cannot determine which specific government services or programs will be impacted, the fiscal impact statement and notice of probable impacts must list five of the largest services or programs currently funded by the impacted governments.

The office of financial management must file the fiscal impact statement and notice of probable impacts with the office of the secretary of state no later than thirty days following qualification of the ballot measure for the ballot pursuant to RCW 29.79.230, 29.79.270, 29.79.280, or 29.79.250.

NEW SECTION. Sec. 5. A new section is added to chapter 29.79 RCW to read as follows:

Once a notice of probable impacts is filed with the secretary of state, the secretary of state shall immediately provide the text of the notice of probable impacts to the person proposing the ballot measure and any others who have made written request for notification of the exact language of the notice.

A person dissatisfied with the notice of probable impacts may appeal to the superior court of Thurston County within five days of the filing date. A copy of the petition and a notice of the appeal must be served on the secretary of state and the attorney general. The court shall examine the measure, the notice of probable impacts, the fiscal impact statement, and objections, and may hear arguments. The court shall render its decision and certify to and file with the secretary of state a notice of probable impacts it determines will be sufficient.

The decision of the superior court is final, and its notice of probable impacts is the established notice of probable impacts.

Sec. 6. RCW 29.30.081 and 1990 c 59 s 13 are each amended to read as follows:

(1) On the top of each ballot there shall be printed instructions directing the voters how to mark the ballot, including write-in votes. After the instructions and before the offices shall be placed the questions of adopting constitutional amendments or any other state measure authorized by law to be submitted to the voters at that election. If a state measure has a combined fiscal impact of at least twenty-five million dollars on state and local governments, a fifty word notice of probable impacts prepared by the office of financial management under section 3 of this act must be placed on the ballot beneath the ballot title.

(2) The candidate or candidates of the major political party which received the highest number of votes from the electors of this state for the office of president of the United States at the last presidential election shall appear first following the appropriate office heading, the candidate or candidates of the other major political parties shall follow according to the votes cast for their nominees for president at the last presidential election, and independent candidates and the candidate or candidates of all other parties shall follow in the order of their qualification with the secretary of state.

(3) The names of candidates for president and vice-president for each political party shall be grouped together with a single response position for a voter to indicate his or her choice.

(4) All paper ballots and ballot cards shall be sequentially numbered in such a way to permit removal of such numbers without leaving any identifying marks on the ballot.

Sec. 7. RCW 29.81.240 and 1999 c 260 s 4 are each amended to read as follows:

Committees shall write and submit arguments advocating the approval or rejection of each statewide ballot issue ((and)), rebuttals of those arguments, and statements responding to each fiscal impact statement prepared by the office of financial management. The secretary of state, the presiding officer of the senate, and the presiding officer of the house of representatives shall appoint the initial two members of each committee. In making these committee appointments the secretary of state and presiding officers of the senate and house of representatives shall consider legislators, sponsors of initiatives and referendums, and other interested groups known to advocate or oppose the ballot measure.

The initial two members may select up to four additional members, and the committee shall elect a chairperson. The remaining committee member or members may fill vacancies through appointment.

After the committee submits its initial ((argument statements)) arguments advocating the approval or rejection of the ballot measure to the secretary of state, the secretary of state shall transmit the ((statements)) arguments to the opposite committee. The opposite committee may then prepare rebuttal arguments. Rebuttals may not interject new points.

The voters' pamphlet may contain only argument statements prepared according to this section. Arguments may contain graphs and charts supported by factual statistical data and pictures or other illustrations. Cartoons or caricatures are not permitted.

Sec. 8. RCW 29.81.250 and 1999 c 260 s 5 are each amended to read as follows:

The secretary of state shall determine the format and layout of the voters' pamphlet. The secretary of state shall print the pamphlet in clear, readable type on a size, quality, and weight of paper that in the judgment of the secretary of state best serves the voters. The pamphlet must contain a table of contents. Federal and state offices must appear in the pamphlet in the same sequence as they appear on the ballot. Measures and arguments must be printed in the order specified by RCW 29.79.300.

The voters' pamphlet must provide the following information for each statewide issue on the ballot:

(1) The legal identification of the measure by serial designation or number;

(2) The official ballot title of the measure;

(3) A statement prepared by the attorney general explaining the law as it presently exists;

(4) A statement prepared by the attorney general explaining the effect of the proposed measure if it becomes law;

(5) A fiscal impact statement prepared by the office of financial management explaining the fiscal impact of the proposed measure if it becomes law, not to exceed one hundred words;

(6) The total number of votes cast for and against the measure in the senate and house of representatives, if the measure has been passed by the legislature;

(((6))) (7) An argument advocating the voters' approval of the measure together with any statement in rebuttal of the opposing argument;

(((7))) (8) An argument advocating the voters' rejection of the measure together with any statement in rebuttal of the opposing argument;

(((8))) (9) A statement from each committee responding to the fiscal impact statement prepared by the office of financial management;

(10) Each argument ((or)), rebuttal statement, and response statement must be followed by the names of the committee members who submitted them, and may be followed by a telephone number that citizens may call to obtain information on the ballot measure;

(((9))) (11) The full text of each measure.

Sec. 9. RCW 29.81.280 and 1999 c 260 s 8 are each amended to read as follows:

(1) If in the opinion of the secretary of state any argument or statement offered for inclusion in the voters' pamphlet in support of or opposition to a measure or candidate, or in response to a fiscal impact statement, contains obscene matter or matter that is otherwise prohibited by law from distribution through the mail, the secretary may petition the superior court of Thurston County for a judicial determination that the argument or statement may be rejected for publication or edited to delete the matter. The court shall not enter such an order unless it concludes that the matter is obscene or otherwise prohibited for distribution through the mail.

(2)(a) A person who believes that he or she may be defamed by an argument or statement offered for inclusion in the voters' pamphlet in support of or opposition to a measure or candidate may petition the superior court of Thurston County for a judicial determination that the argument or statement may be rejected for publication or edited to delete the defamatory ((statement)) matter.

(b) The court shall not enter such an order unless it concludes that the argument or statement is untrue and that the petitioner has a very substantial likelihood of prevailing in a defamation action.

(c) An action under this subsection (2) must be filed and served no later than the tenth day after the deadline for the submission of the argument or statement to the secretary of state.

(d) If the secretary of state notifies a person named or identified in an argument or statement of the contents of the argument or statement within three days after the deadline for submission to the secretary, then neither the state nor the secretary is liable for damages resulting from publication of the argument or statement unless the secretary publishes the argument or statement in violation of an order entered under this section. Nothing in this section creates a duty on the part of the secretary of state to identify, locate, or notify the person.

(3) Parties to a dispute under this section may agree to resolve the dispute by rephrasing the argument or statement, even if the deadline for submission to the secretary has elapsed, unless the secretary determines that the process of publication is too far advanced to permit the change. The secretary shall promptly provide any such revision to any committee entitled to submit a rebuttal argument. If that committee has not yet submitted its rebuttal, its deadline to submit a rebuttal is extended by five days. If it has submitted a rebuttal, it may revise it to address the change within five days of the filing of the revised argument with the secretary.

(4) In an action under this section the committee or candidate must be named as a defendant, and may be served with process by certified mail directed to the address contained in the secretary's records for that party. The secretary of state shall be a nominal party to an action brought under subsection (2) of this section, solely for the purpose of determining the content of the voters' pamphlet. The superior court shall give such an action priority on its calendar.

Sec. 10. RCW 29.81.290 and 1999 c 260 s 9 are each amended to read as follows:

(1) An argument or statement submitted to the secretary of state for publication in the voters' pamphlet is not available for public inspection or copying until:

(a) In the case of candidate statements, (i) all statements by all candidates who have filed for a particular office have been received, except those who informed the secretary that they will not submit statements, or (ii) the deadline for submission of statements has elapsed;

(b) In the case of arguments supporting or opposing a measure, (i) the arguments on both sides have been received, unless a committee was not appointed for one side, or (ii) the deadline for submission of arguments has elapsed; ((and))

(c) In the case of rebuttal arguments, (i) the rebuttals on both sides have been received, unless a committee was not appointed for one side, or (ii) the deadline for submission of arguments has elapsed; and

(d) In the case of statements written in response to fiscal impact statements, (i) the statements on both sides have been received, unless a committee was not appointed for one side, or (ii) the deadline for submission of statements has elapsed.

(2) Nothing in this section prohibits the secretary from releasing information under RCW 29.81.280(2)(d).

Sec. 11. RCW 29.81.310 and 1999 c 260 s 11 are each amended to read as follows:

(1) The maximum number of words for statements submitted by candidates is as follows: State representative, one hundred words; state senator, judge of the superior court, judge of the court of appeals, justice of the supreme court, and all state offices voted upon throughout the state, except that of governor, two hundred words; president and vice-president, United States senator, United States representative, and governor, three hundred words.

(2) Arguments written by committees under RCW ((29.81.230)) 29.81.240 may not exceed two hundred fifty words in length.

(3) Rebuttal arguments written by committees may not exceed seventy-five words in length.

(4) Statements from committees responding to fiscal impact statements may not exceed fifty words in length.

(5) The secretary of state shall allocate space in the pamphlet based on the number of candidates or nominees for each office.

NEW SECTION. Sec. 12. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Correct the title.

Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McDermott and Schmidt.

MINORITY recommendation: Without recommendation. Signed by Representatives McMorris, Ranking Minority Member; Schindler and Upthegrove.

Voting Yea: Representatives Romero, Miloscia, McDermott and Schmidt.

Voting Nay: Representatives McMorris, Schindler and Upthegrove.

Passed to Committee on Appropriations.

March 1, 2002

SB 6577 Prime Sponsor, Senator Gardner: Prohibiting substitution of subcontractors on larger public works contracts. Reported by Committee on State Government

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. This act is intended to discourage bid shopping and bid peddling on Washington state public building and works projects.

Sec. 2. RCW 39.30.060 and 1999 c 109 s 1 are each amended to read as follows:

(1) Every invitation to bid on a prime contract that is expected to cost one million dollars or more for the construction, alteration, or repair of any public building or public work of the state or a state agency or municipality as defined under RCW 39.04.010 or an institution of higher education as defined under RCW 28B.10.016 shall require each prime contract bidder to submit as part of the bid, or within one hour after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning((,)); plumbing as described in chapter 18.106 RCW((,)); and electrical as described in chapter 19.28 RCW, or to name itself for the work. The prime contract bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the prime contract bidder must indicate which subcontractor will be used for which alternate. Failure of the prime contract bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void.

(2) Substitution of a listed subcontractor in furtherance of bid shopping or bid peddling before or after the award of the prime contract is prohibited and the originally listed subcontractor is entitled to recover monetary damages from the prime contract bidder who executed a contract with the public entity and the substituted subcontractor but not from the public entity inviting the bid. It is the original subcontractor’s burden to prove by a preponderance of the evidence that bid shopping or bid peddling occurred. Substitution of a listed subcontractor may be made by the prime contractor for the following reasons:

(a) Refusal of the listed subcontractor to sign a contract with the prime contractor;

(b) Bankruptcy or insolvency of the listed subcontractor;

(d) Inability of the listed subcontractor to obtain the necessary license, bonding, insurance or other statutory requirements to perform the work detailed in the contract; or

(e) The listed subcontractor is barred from participating in the project as a result of a court order or summary judgment.

(3) The requirement of this section to name the prime contract bidder's proposed ((heating, ventilation and air conditioning))HVAC, plumbing, and electrical subcontractors applies only to proposed ((heating, ventilation and air conditioning))HVAC, plumbing, and electrical subcontractors who will contract directly with the ((general contractor))prime contract bidder submitting the bid to the public entity."

Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McMorris, Ranking Minority Member; McDermott; Schindler; Schmidt and Upthegrove.

Voting Yea: Representatives Romero, Miloscia, McMorris, McDermott, Schindler, Schmidt and Upthegrove.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6596 Prime Sponsor, Senator McCaslin: Increasing the number of Spokane district court judges. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Dickerson; Esser; Jarrett; Lovick and Lysen.

Voting Yea: Representatives Lantz, Hurst, Carrell, Boldt, Dickerson, Esser, Jarrett, Lovick and Lysen.

Passed to Committee on Rules for second reading.

March 1, 2002

SB 6637 Prime Sponsor, Senator Kline: Requiring financial disclosure by ballot measure sponsors. Reported by Committee on State Government

MAJORITY recommendation: Do pass as amended.

On page 1, line 15, after "(3)" strike all material through "the" on line 17 and insert "Every person who files a signed affidavit with a proposed initiative or referendum measure pursuant to RCW 29.79.010 must, within two weeks of the filing of the initiative or referendum petitions under RCW 29.79.140, file with the"

Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McMorris, Ranking Minority Member; McDermott; Schmidt and Upthegrove.

MINORITY recommendation: Without recommendation. Signed by Representatives Schindler.

Voting Yea: Representatives Romero, Miloscia, McMorris, McDermott, Schmidt and Upthegrove.

Voting Nay: Representative Schindler.

Passed to Committee on Rules for second reading.

February 28, 2002

SSB 6648 Prime Sponsor, Senate Committee on Human Services & Corrections: Improving coordination of services when criminal mistreatment occurs. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature recognizes that responses by the department of social and health services and public safety agencies have varied between jurisdictions when allegations of withholding of the basic necessities of life are made. The legislature intends to improve the capacity of the department of social and health services and public safety agencies to respond to situations where the basic necessities of life are withheld by allowing an earlier intervention in such cases. The legislature finds that improved coordination between the department of social and health services and public safety agencies at an earlier point will lead to better treatment of children and families and will reduce the likelihood of serious harm.

NEW SECTION. Sec. 2. A new section is added to chapter 9A.42 RCW to read as follows:

(1) A person is guilty of the crime of criminal mistreatment in the fourth degree if the person is the parent of a child, is a person entrusted with the physical custody of a child or other dependent person, or is a person employed to provide to the child or dependent person the basic necessities of life, and either:

(a) With criminal negligence, creates an imminent and substantial risk of bodily injury to a child or dependent person by withholding any of the basic necessities of life; or

(b) With criminal negligence, causes bodily injury or extreme emotional distress manifested by more than transient physical symptoms to a child or dependent person by withholding the basic necessities of life.

(2) Criminal mistreatment in the fourth degree is a misdemeanor.

Sec. 3. RCW 9A.42.040 and 2000 c 76 s 2 are each amended to read as follows:

RCW 9A.42.020, 9A.42.030, ((and)) 9A.42.035, and section 2 of this act do not apply to decisions to withdraw life support systems made in accordance with chapter 7.70 or 70.122 RCW by the dependent person, his or her legal surrogate, or others with a legal duty to care for the dependent person.

Sec. 4. RCW 9A.42.045 and 2000 c 76 s 3 are each amended to read as follows:

RCW 9A.42.020, 9A.42.030, ((and)) 9A.42.035, and section 2 of this act do not apply when a terminally ill or permanently unconscious person or his or her legal surrogate, as set forth in chapter 7.70 RCW, requests, and the person receives, palliative care from a licensed home health agency, hospice agency, nursing home, or hospital providing care under the medical direction of a physician. As used in this section, the terms "terminally ill" and "permanently unconscious" have the same meaning as "terminal condition" and "permanent unconscious condition" in chapter 70.122 RCW.

NEW SECTION. Sec. 5. A new section is added to chapter 9A.42 RCW to read as follows:

(1) When a law enforcement officer arrests a person for criminal mistreatment of a child, the officer must notify child protective services.

(2) When a law enforcement officer arrests a person for criminal mistreatment of a dependent person other than a child, the officer must notify adult protective services.

Sec. 6. RCW 10.05.010 and 1998 c 208 s 1 are each amended to read as follows:

(1) In a court of limited jurisdiction a person charged with a misdemeanor or gross misdemeanor may petition the court to be considered for a deferred prosecution program. The petition shall be filed with the court at least seven days before the date set for trial but, upon a written motion and affidavit establishing good cause for the delay and failure to comply with this section, the court may waive this requirement subject to the defendant's reimbursement to the court of the witness fees and expenses due for subpoenaed witnesses who have appeared on the date set for trial.

(2) A person charged with a traffic infraction, misdemeanor, or gross misdemeanor under Title 46 RCW shall not be eligible for a deferred prosecution program unless the court makes specific findings pursuant to RCW 10.05.020. Such person shall not be eligible for a deferred prosecution program more than once. Separate offenses committed more than seven days apart may not be consolidated in a single program.

(3) A person charged with a misdemeanor or a gross misdemeanor under chapter 9A.42 RCW shall not be eligible for a deferred prosecution program unless the court makes specific findings pursuant to RCW 10.05.020. Such person shall not be eligible for a deferred prosecution program more than once.

Sec. 7. RCW 10.05.020 and 1996 c 24 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the petitioner shall allege under oath in the petition that the wrongful conduct charged is the result of or caused by alcoholism, drug addiction, or mental problems for which the person is in need of treatment and unless treated the probability of future reoccurrence is great, along with a statement that the person agrees to pay the cost of a diagnosis and treatment of the alleged problem or problems if financially able to do so. The petition shall also contain a case history and written assessment prepared by an approved alcoholism treatment program as designated in chapter 70.96A RCW if the petition alleges alcoholism, an approved drug program as designated in chapter 71.24 RCW if the petition alleges drug addiction, or by an approved mental health center if the petition alleges a mental problem.

(2) In the case of a petitioner charged with a misdemeanor or gross misdemeanor under chapter 9A.42 RCW, the petitioner shall allege under oath in the petition that the petitioner is the natural or adoptive parent of the alleged victim; that the wrongful conduct charged is the result of parenting problems for which the petitioner is in need of services; that the petitioner is in need of child welfare services under chapter 74.13 RCW to improve his or her parenting skills in order to better provide his or her child or children with the basic necessities of life; that the petitioner wants to correct his or her conduct to reduce the likelihood of harm to his or her minor children; that in the absence of child welfare services the petitioner may be unable to reduce the likelihood of harm to his or her minor children; and that the petitioner has cooperated with the department of social and health services to develop a plan to receive appropriate child welfare services; along with a statement that the person agrees to pay the cost of the services if he or she is financially able to do so. The petition shall also contain a case history and a written service plan from the department of social and health services.

(3) Before entry of an order deferring prosecution, a petitioner shall be advised of his or her rights as an accused and execute, as a condition of receiving treatment, a statement that contains: (a) An acknowledgement of his or her rights; (b) an acknowledgement and waiver of the right to testify, the right to a speedy trial, the right to call witnesses to testify, the right to present evidence in his or her defense, and the right to a jury trial; (c) a stipulation to the admissibility and sufficiency of the facts contained in the written police report; and (d) an acknowledgement that the statement will be entered and used to support a finding of guilty if the court finds cause to revoke the order granting deferred prosecution. The petitioner shall also be advised that he or she may, if he or she proceeds to trial and is found guilty, be allowed to seek suspension of some or all of the fines and incarceration that may be ordered upon the condition that he or she seek treatment and, further, that he or she may seek treatment from public and private agencies at any time without regard to whether or not he or she is found guilty of the offense charged. He or she shall also be advised that the court will not accept a petition for deferred prosecution from a person who sincerely believes that he or she is innocent of the charges or sincerely believes that he or she does not, in fact, suffer from alcoholism, drug addiction, or mental problems, or in the case of a petitioner charged under chapter 9A.42 RCW, sincerely believes that he or she does not need child welfare services.

(((3))) (4) Before entering an order deferring prosecution, the court shall make specific findings that: (a) The petitioner has stipulated to the admissibility and sufficiency of the facts as contained in the written police report; (b) the petitioner has acknowledged the admissibility of the stipulated facts in any criminal hearing on the underlying offense or offenses held subsequent to revocation of the order granting deferred prosecution; (c) the petitioner has acknowledged and waived the right to testify, the right to a speedy trial, the right to call witnesses to testify, the right to present evidence in his or her defense, and the right to a jury trial; and (d) the petitioner's statements were made knowingly and voluntarily. Such findings shall be included in the order granting deferred prosecution.

Sec. 8. RCW 10.05.030 and 1999 c 143 s 42 are each amended to read as follows:

The arraigning judge upon consideration of the petition and with the concurrence of the prosecuting attorney may continue the arraignment and refer such person for a diagnostic investigation and evaluation to an approved alcoholism treatment program as designated in chapter 70.96A RCW, if the petition alleges an alcohol problem, an approved drug treatment center as designated in chapter 71.24 RCW, if the petition alleges a drug problem, ((or)) to an approved mental health center, if the petition alleges a mental problem, or the department of social and health services if the petition is brought under RCW 10.05.020(2).

Sec. 9. RCW 10.05.040 and 1985 c 352 s 7 are each amended to read as follows:

The facility to which such person is referred, or the department of social and health services if the petition is brought under RCW 10.05.020(2), shall conduct an investigation and examination to determine:

(1) Whether the person suffers from the problem described;

(2) Whether the problem is such that if not treated, or if no child welfare services are provided, there is a probability that similar misconduct will occur in the future;

(3) Whether extensive and long term treatment is required;

(4) Whether effective treatment or child welfare services for the person's problem ((is)) are available; and

(5) Whether the person is amenable to treatment or willing to cooperate with child welfare services.

Sec. 10. RCW 10.05.050 and 1985 c 352 s 8 are each amended to read as follows:

(1) The facility, or the department of social and health services if the petition is brought under RCW 10.05.020(2), shall make a written report to the court stating its findings and recommendations after the examination required by RCW 10.05.040. If its findings and recommendations support treatment or the implementation of a child welfare service plan, it shall also recommend a treatment or service plan setting out:

(((1))) (a) The type;

(((2))) (b) Nature;

(((3))) (c) Length;

(((4))) (d) A treatment or service time schedule; and

(((5))) (e) Approximate cost of the treatment or child welfare services.

(2) In the case of a child welfare service plan, the plan shall be designed in a manner so that a parent who successfully completes the plan will not be likely to withhold the basic necessities of life from his or her child.

(3) The report with the treatment or service plan shall be filed with the court and a copy given to the petitioner and petitioner's counsel. A copy of the treatment or service plan shall be given to the prosecutor by petitioner's counsel at the request of the prosecutor. The evaluation facility, or the department of social and health services if the petition is brought under RCW 10.05.020(2), making the written report shall append to the report a commitment by the treatment facility or the department of social and health services that it will provide the treatment or child welfare services in accordance with this chapter. The facility or the service provider shall agree to provide the court with a statement every three months for the first year and every six months for the second year regarding (a) the petitioner's cooperation with the treatment or child welfare service plan proposed and (b) the petitioner's progress or failure in treatment or child welfare services. These statements shall be made as a declaration by the person who is personally responsible for providing the treatment or services.

Sec. 11. RCW 26.44.130 and 1988 c 190 s 4 are each amended to read as follows:

When a peace officer responds to a call alleging that a child has been subjected to sexual or physical abuse or criminal mistreatment and has probable cause to believe that a crime has been committed or responds to a call alleging that a temporary restraining order or preliminary injunction has been violated, the peace officer has the authority to arrest the person without a warrant pursuant to RCW 10.31.100.

NEW SECTION. Sec. 12. A new section is added to chapter 10.05 RCW to read as follows:

Child welfare services provided under chapter 74.13 RCW pursuant to a deferred prosecution ordered under RCW 10.05.060 may not be construed to prohibit the department from providing services or undertaking proceedings pursuant to chapter 13.34 or 26.44 RCW.

NEW SECTION. Sec. 13. A new section is added to chapter 74.13 RCW to read as follows:

The department or its contractors may provide child welfare services pursuant to a deferred prosecution plan ordered under chapter 10.05 RCW. Child welfare services provided under this chapter pursuant to a deferred prosecution order may not be construed to prohibit the department from providing services or undertaking proceedings pursuant to chapter 13.34 or 26.44 RCW.

Sec. 14. RCW 10.05.120 and 1998 c 208 s 3 are each amended to read as follows:

(1) Three years after receiving proof of successful completion of the two-year treatment program, but not before five years following entry of the order of deferred prosecution pursuant to a petition brought under RCW 10.05.020(1), the court shall dismiss the charges pending against the petitioner.

(2) When a deferred prosecution is ordered pursuant to a petition brought under RCW 10.05.020(2) and the court has received proof that the petitioner has successfully completed the child welfare service plan, or the plan has been terminated because the alleged victim has reached his or her majority and there are no other minor children in the home, the court shall dismiss the charges pending against the petitioner. In any case where the petitioner's parental rights have been terminated with regard to the alleged victim due to abuse or neglect that occurred during the pendency of the deferred prosecution, the termination shall be per se evidence that the petitioner did not successfully complete the child welfare service plan unless the petitioner has voluntarily terminated his or her parental rights and the court has determined that the termination is in the best interest of the child.

NEW SECTION. Sec. 15. (1) The department of social and health services, in consultation with the attorney general and organizations representing law enforcement agencies, shall prepare a plan for improved coordination of services to families when a member of the family is charged with criminal mistreatment under chapter 9A.42 RCW. The plan shall include revisions in the department's identification of the needs for services for the families following an arrest and filing of criminal mistreatment charges, delivery of such services, ways of enhancing cooperation with law enforcement agencies during and following the investigation and trial on such charges, improved identification of those incidents which may precede such charges and are indicators of a need for offering of services and possible improvements in the methods of response to such incidents, suggestions for ongoing efforts in reducing the number of criminal mistreatment charges through improved identification of incidents and trends that are markers of potentially serious family stress, and a review of the adequacy of current sentencing for violations of the criminal mistreatment statutes.

(2) The department of social and health services shall regularly consult with the legislature in the preparation of the plan. The plan shall be submitted to the governor and the legislature not later than December 1, 2002.

(3) This section expires December 31, 2002."

Correct the title.

Signed by Representatives O'Brien, Chairman; Lovick, Vice Chairman; Ballasiotes, Ranking Minority Member; Ahern; Kagi; Kirby and Morell.

Voting Yea: Representatives O'Brien, Lovick, Ballasiotes, Ahern, Kagi, Kirby and Morell.

Passed to Committee on Rules for second reading.

February 28, 2002

SSB 6658 Prime Sponsor, Senate Committee on Environment, Energy & Water: Clarifying the types of energy conservation projects a public utility may assist its customers in financing. Reported by Committee on Technology, Telecommunications & Energy

Voting Yea: Representatives Morris, Ruderman, Crouse, Anderson, Berkey, Bush, Casada, DeBolt, Delvin, Esser, Hunt, Linville, Lysen, Nixon, Pflug, Reardon, Romero, Sullivan and Wood.

Passed to Committee on Rules for second reading.

March 1, 2002

SSB 6660 Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Protecting personal information about law enforcement officers and their families. Reported by Committee on State Government

MAJORITY recommendation: Do pass as amended.

On page 1, line 11, strike all of subsection (b) and insert the following:

"(b) Personal information in files maintained for employees, appointees, or elected officials, including, but not limited to, law enforcement officers and corrections officers, of any public agency to the extent that disclosure would violate their right to privacy or threaten their safety or the safety of their families. This information includes, but is not limited to, residential addresses, residential telephone numbers, contents of public employment records, and financial information other than the public salaries paid to employees, appointees, or elected officials, as otherwise provided."

Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McDermott and Schindler.

MINORITY recommendation: Do not pass. Signed by Representatives McMorris, Ranking Minority Member; Schmidt and Upthegrove.

Voting Yea: Representatives Romero, Miloscia, McDermott, Schindler and Upthegrove.

Voting Nay: Representatives McMorris and Schmidt.

Passed to Committee on Rules for second reading.

February 28, 2002

ESB 6675 Prime Sponsor, Senator Prentice: Prohibiting health care facilities from requiring employees to perform overtime work. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Clements, Ranking Minority Member; Kenney and Lysen.

MINORITY recommendation: Do not pass. Signed by Representatives Chandler and McMorris.

Voting Yea: Representatives Conway, Wood, Clements, Kenney and Lysen.

Voting Nay: Representatives Chandler and McMorris.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6685 Prime Sponsor, Senator Rossi: Changing provisions relating to ignition interlock devices. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass as amended.

On page 1, line 13, after "a))" insert "(a)"

On page 1, line 17, after "is" strike":

(a) Convicted" and insert "convicted"

On page 2, line 12, after "drive" strike everything through "46.20.308. ((" on line 15 and insert "only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device."

On page 2, line 17, after "suspended" strike ".))" and insert ")).

(b)"

On page 4, line 32, beginning with "or is" strike everything through "46.20.308,"

Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Boldt; Dickerson; Esser; Jarrett; Lovick and Lysen.

Voting Yea: Representatives Lantz, Hurst, Carrell, Boldt, Esser, Jarrett, Lovick and Lysen.

Voting Nay: Representative Dickerson.

Passed to Committee on Transportation.

March 1, 2002

ESB 6713 Prime Sponsor, Senator Jacobsen: Making voluntary payroll deductions. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McDermott and Upthegrove.

MINORITY recommendation: Without recommendation. Signed by Representatives McMorris, Ranking Minority Member; Schindler and Schmidt.

Voting Yea: Representatives Romero, Miloscia, McDermott and Upthegrove.

Voting Nay: Representatives McMorris, Schindler and Schmidt.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6763 Prime Sponsor, Senator Costa: Creating a task force on services for crime victims. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Lovick, Vice Chairman; Ballasiotes, Ranking Minority Member; Ahern; Kagi; Kirby and Morell.

Voting Yea: Representatives O'Brien, Lovick, Ballasiotes, Ahern, Kagi, Kirby and Morell.

Passed to Committee on Appropriations.

March 1, 2002

SB 6779 Prime Sponsor, Senator Haugen: Creating the military facilities task force. Reported by Committee on State Government

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that placing a high priority on the continuation of military activities at the military bases located in our state is in the best interest of the state and the United States. The combined efforts of the state and local governments and the private sector, working in partnership with the United States military, will be required to avoid the closure of these bases. Therefore, the joint committee on veterans' and military affairs is tasked to conduct a Washington military facilities study to determine and coordinate statewide efforts needed to ensure all military facilities in Washington retain their premier status with respect to their national defense missions.

NEW SECTION. Sec. 2. (1) The joint committee on veterans' and military affairs shall inform the governor and the legislature on matters affecting the operational viability of military facilities within Washington through:

(a) Understanding the mission of each military facility in Washington;

(b) Examining the integral role of Washington facilities within the national defense structure;

(c) Identifying any obstacles to the mission of each facility according to criteria used by its respective branch of service;

(d) Examining methods and options for outsourcing and privatizing military base infrastructure support activities;

(e) Examining any law, ordinance, requirement, rule, or regulation that impacts each facility's mission;

(f) Evaluating any locally developed proposals intended to mitigate the impact of military facilities on surrounding areas or the impact of nonmilitary activities in surrounding areas on the mission of military facilities; and

(g) Studying the economic impacts of the facilities on the Washington economy.

(2) The joint committee shall make recommendations to the governor and the legislature regarding actions needed to ensure the viability of military facilities, including:

(a) Expenditures appropriate to ensure the proper functioning and continued operation of military facilities within the state;

(b) Required changes to state law, local ordinances, local zoning requirements, or any other state or local requirement, rule, or regulation in order to encourage the continued operation of military facilities within the state; and

(c) Any required actions to be taken by the state at the federal level in support of military facilities within the state.

NEW SECTION. Sec. 3. In carrying out the requirements of this act, the joint committee shall invite participation and seek input from any experts it deems appropriate, but at minimum shall consult with representatives and nonelected community leaders of each county and city containing a major military facility and the military authorities of each military base in the state.

NEW SECTION. Sec. 4. The committee shall begin work on the Washington military facilities study immediately after the completion of the legislative session. It shall continue until such time as the consensus of committee membership is to conclude."

Correct the title.

Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McMorris, Ranking Minority Member; McDermott; Schindler; Schmidt and Upthegrove.

Voting Yea: Representatives Romero, Miloscia, McMorris, McDermott, Schindler, Schmidt and Upthegrove.

Passed to Committee on Rules for second reading.

March 1, 2002

SSJM 8026 Prime Sponsor, Senate Committee on Environment, Energy & Water: Requesting increased borrowing authority for the Bonneville Power Administration. Reported by Committee on Technology, Telecommunications & Energy

Voting Yea: Representatives Morris, Ruderman, Crouse, Anderson, Berkey, Bush, Casada, Delvin, Esser, Hunt, Linville, Lysen, Nixon, Pflug, Sullivan and Wood.

Excused: Representatives DeBolt, Reardon and Romero.

Passed to Committee on Rules for second reading.

February 28, 2002

SJM 8034 Prime Sponsor, Senator Costa: Requesting that the Supreme Court enter into compacts with the Tribal nations concerning criminal justice information. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Dickerson; Esser; Jarrett; Lovick and Lysen.

MINORITY recommendation: Do not pass. Signed by Representatives Boldt.

Voting Yea: Representatives Lantz, Hurst, Dickerson, Esser, Jarrett, Lovick and Lysen.

Voting Nay: Representatives Carrell and Boldt.

Passed to Committee on Rules for second reading.

March 1, 2002

SSJM 8036 Prime Sponsor, Senate Committee on State & Local Government: Requesting a memorial to remember the internment of Japanese-Americans during World War II. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McMorris, Ranking Minority Member; McDermott; Schindler; Schmidt and Upthegrove.

Voting Yea: Representatives Romero, Miloscia, McMorris, McDermott, Schindler, Schmidt and Upthegrove.

Passed to Committee on Rules for second reading.

March 1, 2002

SJM 8038 Prime Sponsor, Senator Haugen: Asking the federal government for cooperation with the military facilities task force. Reported by Committee on State Government

MAJORITY recommendation: Do pass as amended.

On page 1, line 12, after "WHEREAS," strike all material through "bases" on line 17 and insert "The combined efforts of the state and local governments and the private sector, working in partnership with the United States military, will mitigate against such closure"

On page 2, line 5, after "legislation" strike all material through "Force" on line 11 and insert "tasking the Joint Committee on Veterans' and Military Affairs to conduct a Washington military facilities study; and

WHEREAS, The purpose of this study is to ensure the operational viability of Washington military facilities by recommending changes to state and local laws and regulations, and by facilitating cooperative efforts such as outsourcing and privatizing military base infrastructure support activities when these efforts do not jeopardize national security or do not interfere or put at risk the missions and operations of Washington military facilities"

On page 2, line 17 after "with the" strike "Legislative Military Facilities Task Force of the State of Washington" and insert "Washington military facilities study"

Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McMorris, Ranking Minority Member; McDermott; Schindler; Schmidt and Upthegrove.

Voting Yea: Representatives Romero, Miloscia, McMorris, McDermott, Schindler, Schmidt and Upthegrove.

Passed to Committee on Rules for second reading.

February 28, 2002

SSCR 8404 Prime Sponsor, Senate Committee on Higher Education: Adopting the update to the state comprehensive plan for work force training and education. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass as amended.

On page 2, at the beginning of line 16, strike all material through "concurring," on line 17, and insert "and

WHEREAS, An adequate supply of health care personnel is of critical importance to the well-being of Washington residents; and

WHEREAS, Washington state is facing a growing public health crisis because of a shortage of health care personnel; and

WHEREAS, The shortage of health care personnel threatens the ability of Washington residents to continue to obtain quality, accessible health care;

NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representatives concurring, That a Health Care Personnel Task Force is established at the Work Force Training and Education Coordinating Board. The task force shall consist of no more than twenty members appointed in the following manner:

(1) Two members from the House of Representatives, one from the majority party and one from the minority party, to be appointed by the Speaker of the House;

(2) Two members from the Senate, one from the majority party and one from the minority party, to be appointed by the President of the Senate;

(3) One member shall represent hospitals, to be appointed by the Governor;

(4) One member shall represent public hospital districts, to be appointed by the Governor;

(5) One member shall represent nurses, to be appointed by the Governor;

(6) One member shall represent physicians, to be appointed by the Governor;

(7) One member shall represent dentists, to be appointed by the Governor;

(8) One member shall represent allied health professionals with documented shortages, to be appointed by the Governor;

(9) One member shall represent long-term care providers, to be appointed by the Governor;

(10) One member shall represent community and migrant health centers, to be appointed by the Governor;

(11) One member shall represent the Washington State Department of Health;

(12) One member shall represent the Work Force Training and Education Coordinating Board;

(13) One member shall represent the Higher Education Coordinating Board;

(14) One member shall represent the State Board for Community and Technical Colleges;

(15) One member shall represent the Office of Superintendent of Public Instruction;

(16) One member shall represent organized labor, to be appointed by the Governor;

(17) One member shall represent the state board of health; and

(18) The Governor shall appoint a chairperson of the task force who has no connection to the health care industry and who shall represent the public at large; and

BE IT FURTHER RESOLVED, That within available funds, the Work Force Training and Education Coordinating Board or lead agency for a specific technical advisory committee may hire staff. The task force may appoint technical advisory committees and contract for professional assistance. State agencies, the Senate, and the House of Representatives may provide staff support upon request of the task force. The Work Force Training and Education Coordinating Board, for these efforts, has authority to seek and expend funds from private foundations and professional associations and institutions; and

BE IT FURTHER RESOLVED, That in the conduct of its business, the task force shall have reasonable access to health care personnel and related work force data available to all state agencies. All state agencies shall provide the task force with all requested health personnel data and other relevant work force information maintained by their agencies in a timely manner; and

BE IT FURTHER RESOLVED, That the task force shall develop a Washington state strategic plan for ensuring an adequate supply of health care personnel, including physicians, dentists, nurses, pharmacists, and other health providers with documented shortages, and coordinating efforts to address health care personnel shortages that will safeguard the ability of the health care delivery system in Washington state to provide quality, accessible health care to residents of Washington, which shall:

(1) Identify ways to increase the capacity of health professions' training programs to prepare students to meet the increasing need for health care personnel;

(2) Identify ways to improve the marketing and outreach of the health professions and improve recruitment of and support for students interested in them;

(3) Recommend changes to streamline entry to practice regulations and requirements. The task force shall not entertain discussions on changes to existing scopes of practice;

(4) Recommend changes to federal and state statutes and regulations that prevent stimulating and rewarding practice environments;

(5) Recommend ways to increase the diversity of health professions, engage families transitioning from welfare to work, and encourage other currently unemployed workers to seek jobs in the health care industries; and

(6) Recommend strategies to maximize and leverage public and private efforts to address health care personnel shortages; and

BE IT FURTHER RESOLVED, That the task force shall submit an interim report to the Governor and the Legislature on or before December 31, 2002, and a final report to include a state strategic plan by December 31, 2003. The task force shall cease to exist on December 31, 2003; and

BE IT FURTHER RESOLVED,"

Signed by Representatives Kenney, Chairman; Fromhold, Vice Chairman; Cox, Ranking Minority Member; Chase; Gombosky; Jarrett and Lantz.

MINORITY recommendation: Without recommendation. Signed by Representatives Dunn.

Voting Yea: Representatives Kenney, Fromhold, Cox, Chase, Gombosky, Jarrett and Lantz.

Voting Nay: Representative Dunn.

Excused: Representative Skinner.

Passed to Committee on Rules for second reading.

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

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

There being no objection, the House adjourned until 9:55 a.m., March 4, 2002, the 50^th Day of the Regular Session.

FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk

2728

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2782

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

2969

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

2969-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

2990

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2990-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

2995

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

2995-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

2996

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

2997

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

2998

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

2999

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

3000

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

3001

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

3002

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

3003

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

3004

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

3005

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

3006

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

3007

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

3008

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

3009

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

3010

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

3011

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

3012

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

3013

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

3014

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

3015

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

3016

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

3017

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

3018

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

3019

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

3020

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

4703

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

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

4721

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

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

5292-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

5626

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

5629

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

5692

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

5909-S2

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

5949-S2

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

5999

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

6076-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

6234-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

6251

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

6252

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

6267-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

6272

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

6292

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

6337

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

6402-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

6409-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

6416

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

6417

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

6423-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

6428-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

6429

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

6447-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

6473-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

6484

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

6494-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

6496-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

6510

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

6511

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

6524-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

6525

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

6528-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

6531-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

6564

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

6571

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

6577

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6596

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

6637

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

6648-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

6658-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

6660-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

6675

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

6685

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

6713

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

6749

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

6763

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

6779

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

6793

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

6814-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

8026

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

8034

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

8036-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

8038

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

8404-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85