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THIRD DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, January 16, 2002

The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Kline, Roach and Zarelli. On motion of Senator Sheahan, Senators Roach and Zarelli were excused. On motion of Senator Eide, Senator Kline was excused.

The Sergeant at Arms Color Guard, consisting of Pages Jean-Paul Willynck and Brooke Stewart, presented the Colors. Reverend Dale Oquist, pastor of the Evergreen Christian Center in Olympia, offered the prayer.

MOTION

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

MESSAGE FROM THE HOUSE

January 15, 2002

MR. PRESIDENT:

The Speaker has signed:

Senate Concurrent Resolution No. 8422,

Senate Concurrent Resolution No. 8423,

Senate Concurrent Resolution No. 8424, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MESSAGE FROM THE HOUSE

January 15, 2002

MR. PRESIDENT:

The Speaker has signed:

House Concurrent Resolution No. 4420,

House Concurrent Resolution No. 4421, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

HOUSE CONCURRENT RESOLUTION NO. 4420,

HOUSE CONCURRENT RESOLUTION NO. 4421.

INTRODUCTION AND FIRST READING

SB 6336 by Senators Prentice, T. Sheldon, Carlson, Deccio, B. Sheldon, Gardner, Winsley and Rossi

AN ACT Relating to community renewal; amending RCW 35.81.010, 35.81.020, 35.81.030, 35.81.040, 35.81.050, 35.81.060, 35.81.070, 35.81.080, 35.81.090, 35.81.100, 35.81.110, 35.81.120, 35.81.130, 35.81.150, 35.81.160, 35.81.170, 35.81.180, 35.81.910, 35.82.070, 35.21.730, 35.21.745, 35.57.020, and 36.100.010; adding a new section to chapter 53.08 RCW; adding new sections to chapter 35.81 RCW; creating a new section; and recodifying RCW 35.81.010 and 35.81.020.

Referred to Committee on Economic Development and Telecommunications.

SB 6337 by Senators Oke, Haugen, Eide, Swecker, B. Sheldon, Hargrove, Spanel, Prentice, Jacobsen, Fraser, Gardner and Rasmussen

AN ACT Relating to tobacco product sampling; amending RCW 70.155.010, 70.155.050, 70.155.090, 70.155.100, 82.24.120, and 82.24.230; repealing RCW 70.155.060 and 82.24.270; and prescribing penalties.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6338 by Senators Keiser, Winsley, Gardner and Kohl-Welles

AN ACT Relating to the consumer loan act; and amending RCW 31.04.102.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6339 by Senators Keiser, Winsley and Franklin (by request of Insurance Commissioner Kreidler)

AN ACT Relating to technical changes to Title 48 RCW; amending RCW 48.87.020, 48.87.040, 48.66.130, 48.07.040, and 48.43.055; and adding a new section to chapter 48.66 RCW.

Referred to Committee on Health and Long-Term Care.

SB 6340 by Senators Thibaudeau, Deccio and Winsley (by request of Insurance Commissioner Kriedler)

AN ACT Relating to the insurance commissioner's participation on the Washington health care facilities authority; and amending RCW 70.37.030.

Referred to Committee on Health and Long-Term Care.

SB 6341 by Senators Hargrove, Long, Winsley and Oke

AN ACT Relating to amending the judicial review of sex offender registration to comply with federal funding requirements; amending RCW 9A.44.140; providing an expiration date; and declaring an emergency.

Referred to Committee on Human Services and Corrections.

SB 6342 by Senators Poulsen and Gardner (by request of Department of Revenue)

AN ACT Relating to authorizing the simplified sales and use tax administration act; adding a new chapter to Title 82 RCW; providing an effective date; and providing a contingent effective date.

Referred to Committee on Ways and Means.

SB 6343 by Senators Kline, Roach, Poulsen, Sheahan, Regala, Hochstatter and Oke

AN ACT Relating to payment of traffic infraction penalties; and amending RCW 46.63.110.

Referred to Committee on Judiciary.

SB 6344 by Senators Kline, McCaslin, Haugen, Johnson, Roach, Finkbeiner, Hochstatter, Rasmussen and Oke

AN ACT Relating to where sentences are served; and amending RCW 9.94A.190 and 70.48.400.

Referred to Committee on Judiciary.

SB 6345 by Senators Kline, Carlson, Poulsen, Finkbeiner, Kohl-Welles, Swecker and Brown

AN ACT Relating to the process for election to local nonpartisan offices; amending RCW 29.65.050; adding a new chapter to Title 29 RCW; creating a new section; and repealing RCW 29.30.085.

Referred to Committee on State and Local Government.

SB 6346 by Senators Kline, Finkbeiner, Haugen, Roach, Kastama, Hochstatter, Keiser and Winsley

AN ACT Relating to sexual exploitation of minors; and amending RCW 9.68A.011 and 9.68A.080.

Referred to Committee on Judiciary.

SB 6347 by Senators Haugen and Keiser (by request of Governor Locke)

AN ACT Relating to transportation funding and appropriations; creating new sections; making appropriations; authorizing expenditures for capital improvements; and declaring an emergency.

Referred to Committee on Transportation.

SB 6348 by Senators Haugen, Benton, McAuliffe and Keiser (by request of Governor Locke)

AN ACT Relating to transportation funding and appropriations; amending RCW 47.60.010; amending 2001 2nd sp.s. c 14 ss 102, 203, 204, 209, 210, 211, 212, 213, 214, 215, 216, 217, 221, 222, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 401, 402, 403, 406, and 407 (uncodified); adding a new section to 2001 2nd sp.s. c 14 (uncodified); making appropriations; providing an expiration date; and declaring an emergency.

Referred to Committee on Transportation.

SB 6349 by Senators Haugen, McAuliffe and Keiser (by request of Governor Locke)

AN ACT Relating to transportation bonds; and adding new sections to chapter 47.10 RCW.

Referred to Committee on Transportation.

SB 6350 by Senators Haugen, Horn, McAuliffe and Oke

AN ACT Relating to county funding of state highway improvements; and amending RCW 36.75.035.

Referred to Committee on Transportation.

SB 6351 by Senators Haugen, McAuliffe, Finkbeiner, Rasmussen, Hochstatter, Stevens, Eide, Kohl-Welles, Keiser and Oke

AN ACT Relating to safety of school employees and students; adding a new section to chapter 28A.320 RCW; and prescribing penalties.

Referred to Committee on Education.

SB 6352 by Senators Gardner, Benton, Haugen, Kline, Horn and Rasmussen

AN ACT Relating to commercial drivers' offenses; and amending RCW 46.63.070, 10.05.010, and 10.05.015.

HOLD.

SB 6353 by Senators Haugen, Oke and Jacobsen

AN ACT Relating to migratory bird stamps; and amending RCW 77.32.350.

Referred to Committee on Natural Resources, Parks and Shorelines.

SB 6354 by Senators Haugen, Horn, Rasmussen, Spanel, Gardner, Hale and Oke

AN ACT Relating to eligibility for motorcycle skills education programs; and amending RCW 46.81A.010.

Referred to Committee on Transportation.

SB 6355 by Senators Regala, Poulsen, Finkbeiner, Franklin, Morton, Deccio, Fraser and Kline

AN ACT Relating to expanding the authority to request the utilities and transportation commission to approve low-income discounts for electric or gas services; and amending RCW 80.28.068.

Referred to Committee on Environment, Energy and Water.

SB 6356 by Senators Franklin, Winsley, Fairley, Shin, Regala, Kline, Costa, Poulsen, Rasmussen, Keiser, Deccio, Kohl-Welles, Kastama, Prentice, Eide, McAuliffe, Parlette, Fraser, Long and Jacobsen

AN ACT Relating to the children's environmental health and protection advisory council; and adding a new chapter to Title 70 RCW.

Referred to Committee on Health and Long-Term Care.

SB 6357 by Senators Stevens, Johnson, Hale, Honeyford, Hochstatter, Swecker, Parlette and McDonald

AN ACT Relating to selection of jurors; amending RCW 2.36.010, 2.36.054, 2.36.055, 2.36.065, and 2.36.070; and repealing RCW 2.36.057 and 2.36.0571.

Referred to Committee on Judiciary.

SB 6358 by Senators Stevens, Hale, Benton, Hewitt, Honeyford, Oke, McCaslin, Long, Hochstatter, Swecker and Roach

AN ACT Relating to reducing the assessed value of property by amounts spent on mitigation fees, impact fees, and system improvement charges; and amending RCW 84.40.030.

Referred to Committee on Ways and Means.

SB 6359 by Senators Stevens, Haugen, Rossi and Benton

AN ACT Relating to failure to use required traction equipment; amending RCW 47.36.250; and prescribing penalties.

Referred to Committee on Transportation.

SB 6360 by Senators Stevens, Benton, Hochstatter, Swecker, McCaslin and T. Sheldon

AN ACT Relating to recognizing concealed weapon licenses issued by other states; and adding a new section to chapter 9.41 RCW.

Referred to Committee on Judiciary.

SB 6361 by Senators Kline, Long, Kohl-Welles, Hargrove, McCaslin and Oke

AN ACT Relating to the recommendations of the sentencing guidelines commission regarding drug offenses; amending RCW 9.94A.525, 2.28.170, 9.94A.470, 9.94A.475, 9.94A.480, 9.94A.505, 9.94A.530, 9.94A.585, 9.94A.660, 9.94A.728, 9.94A.850, and 10.01.210; reenacting and amending RCW 9.94A.515, 9.94A.515, and 9.94A.510; adding a new section to chapter 70.96A RCW; adding a new section to chapter 43.135 RCW; adding a new section to chapter 43.20A RCW; adding new sections to chapter 9.94A RCW; creating new sections; prescribing penalties; providing effective dates; providing an expiration date; and declaring an emergency.

Referred to Committee on Judiciary.

SB 6362 by Senators Winsley, Prentice, Kastama and Rasmussen

AN ACT Relating to investigations, citations, and fines for violations of the manufactured/mobile home landlord-tenant act; amending RCW 59.22.010, 59.22.020, and 59.22.050; adding new sections to chapter 59.22 RCW; and prescribing penalties.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6363 by Senators Winsley, Prentice, Thibaudeau and Fairley

AN ACT Relating to unprofessional conduct of chemical dependency professionals and counselors; amending RCW 18.19.050; and adding a new section to chapter 18.205 RCW.

Referred to Committee on Health and Long-Term Care.

SB 6364 by Senators Winsley, Prentice, Hargrove, Fairley, Kastama and Rasmussen

AN ACT Relating to the recommendations of the joint legislative task force on mobile/manufactured home alteration and repair; amending RCW 43.22.434, 43.22.434, 43.22.340, 43.22.432, 64.06.005, and 43.22.335; adding new sections to chapter 43.22 RCW; creating a new section; providing an effective date; providing an expiration date; and declaring an emergency.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6365 by Senators Winsley, McAuliffe, Finkbeiner, Prentice, Fairley, Eide, Rasmussen, Shin, Kohl-Welles, Keiser, Kline, Carlson and Hale

AN ACT Relating to lowering the age for mandatory school attendance; amending RCW 28A.225.010; and repealing RCW 28A.225.015.

Referred to Committee on Education.

SB 6366 by Senators Shin, Fairley, Kastama, Rasmussen, Stevens, Costa and Gardner

AN ACT Relating to metropolitan municipal corporations; and amending RCW 35.58.320.

Referred to Committee on State and Local Government.

SB 6367 by Senators Honeyford, Prentice, Johnson, Shin, Winsley and Carlson

AN ACT Relating to residency status for purposes of tuition at institutions of higher education; amending RCW 28B.15.012; and providing an effective date.

Referred to Committee on Higher Education.

SB 6368 by Senators Thibaudeau, Deccio and Winsley

AN ACT Relating to development of a prescription drug education and utilization system; amending RCW 74.09.010, 41.05.011, 42.30.110, and 41.05.026; adding new sections to chapter 41.05 RCW; adding a new section to chapter 74.09 RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 72.09 RCW; adding a new section to chapter 43.60A RCW; creating a new section; prescribing penalties; providing an effective date; and declaring an emergency.

Referred to Committee on Health and Long-Term Care.

SB 6369 by Senators Kohl-Welles, Prentice, Winsley, Gardner, Deccio and Rasmussen

AN ACT Relating to issuing credit cards to persons under the age of twenty-one; adding a new section to chapter 28B.10 RCW; adding a new chapter to Title 19 RCW; and creating a new section.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6370 by Senators Kohl-Welles, Hargrove and Long

AN ACT Relating to assessments for the prostitution prevention and intervention account; amending RCW 9.68A.105 and 9A.88.120; and prescribing penalties.

Referred to Committee on Human Services and Corrections.

SB 6371 by Senators McAuliffe, Winsley, Fairley, Benton, Haugen, Finkbeiner, Eide, Rasmussen, Kastama, Franklin, Prentice, Johnson, T. Sheldon, Jacobsen, Kohl-Welles and Keiser

AN ACT Relating to public school license plates; amending RCW 46.16.313; adding a new section to chapter 46.04 RCW; and adding a new section to chapter 46.16 RCW.

Referred to Committee on Transportation.

SB 6372 by Senators Fraser and Winsley (by request of Department of Personnel)

AN ACT Relating to the combined fund drive; amending RCW 41.04.035, 41.04.036, and 41.04.230; reenacting and amending RCW 43.79A.040; and adding new sections to chapter 41.04 RCW.

Referred to Committee on Ways and Means.

SB 6373 by Senators Keiser, Winsley, Prentice, Hochstatter, Franklin, Rasmussen, Kline and Spanel

AN ACT Relating to noncompetition agreements involving the broadcasting industry; adding a new section to chapter 49.44 RCW; and declaring an emergency.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6374 by Senators Jacobsen, Winsley, Regala, Carlson and Fraser (by request of Joint Committee on Pension Policy)

AN ACT Relating to correcting errors and oversights in certain retirement system statutes; amending RCW 28A.405.900, 41.45.010, 41.45.050, 41.35.700, 41.35.510, and 41.50.790; reenacting and amending RCW 41.45.020; reenacting RCW 41.45.060; and repealing 2001 2nd sp.s. c 10 s 12.

Referred to Committee on Ways and Means.

SB 6375 by Senators Fraser, Winsley, Regala, Carlson, Rasmussen, Kastama and Oke (by request of Joint Committee on Pension Policy)

AN ACT Relating to conforming the Washington state retirement systems to federal requirements on veterans; and amending RCW 41.04.005, 41.40.170, and 43.43.260.

Referred to Committee on Ways and Means.

SB 6376 by Senators Regala, Winsley, Fraser, Carlson, Jacobsen, Rasmussen, Kastama and Oke (by request of Joint Committee on Pension Policy)

AN ACT Relating to the transfer of seasonal and military leave of absence employees to the public employees' retirement system plan 3; and creating a new section.

Referred to Committee on Ways and Means.

SB 6377 by Senators Regala, Carlson, Winsley, Spanel, Jacobsen, Fraser, Rasmussen, Eide and McAuliffe (by request of Joint Committee on Pension Policy)

AN ACT Relating to allowing members of the teachers' retirement system plan 1 to use extended school years for calculation of their earnable compensation; and amending RCW 41.32.010.

Referred to Committee on Ways and Means.

SB 6378 by Senators Spanel, Carlson, Jacobsen, Winsley, Fraser, Regala, Rasmussen, McAuliffe, Kohl-Welles and Keiser (by request of Joint Committee on Pension Policy)

AN ACT Relating to part-time leaves of absence for law enforcement members of the law enforcement officers' and fire fighters' retirement system plan 2; and amending RCW 41.26.520.

Referred to Committee on Ways and Means.

SB 6379 by Senators Carlson, Winsley, Jacobsen, Fraser, Regala, Rasmussen, McAuliffe and Hale (by request of Joint Committee on Pension Policy)

AN ACT Relating to transferring service credit and contributions into the Washington state patrol retirement system by members who served as commercial vehicle enforcement officers and who became commissioned officers in the Washington state patrol after July 1, 2000, and prior to June 30, 2001; and adding a new section to chapter 41.40 RCW.

Referred to Committee on Ways and Means.

SB 6380 by Senators Winsley, Fraser, Carlson, Spanel, Jacobsen, Regala, Rasmussen, McAuliffe and Kohl-Welles (by request of Joint Committee on Pension Policy)

AN ACT Relating to creating new survivor benefit division options for divorced members of the law enforcement officers' and fire fighters' retirement system, the teachers' retirement system, the school employees' retirement system, the public employees' retirement system, and the Washington state patrol retirement system; amending RCW 41.26.160, 41.26.161, 41.26.162, 41.50.670, 41.50.700, 41.26.460, 41.32.530, 41.32.785, 41.32.851, 41.35.220, 41.40.188, 41.40.660, 41.40.845, 43.43.270, and 43.43.271; and adding a new section to chapter 41.26 RCW.

Referred to Committee on Ways and Means.

SB 6381 by Senators Fraser, Winsley, Spanel, Regala and Jacobsen (by request of Joint Committee on Pension Policy)

AN ACT Relating to public employees' retirement system plan 1 members who separate from service without withdrawing their contributions from the retirement system; and amending RCW 41.40.150.

Referred to Committee on Ways and Means.

SB 6382 by Senators Jacobsen, Winsley, Regala, Carlson, Spanel, Fraser, Rasmussen, McAuliffe and Keiser (by request of Joint Committee on Pension Policy)

AN ACT Relating to providing a death benefit for certain state employees; adding a new section to chapter 41.40 RCW; adding a new section to chapter 41.32 RCW; and adding a new section to chapter 41.35 RCW.

Referred to Committee on Ways and Means.

SB 6383 by Senators Spanel, Carlson, Regala, Fraser, Winsley, Jacobsen, Rasmussen and McAuliffe (by request of Joint Committee on Pension Policy)

AN ACT Relating to allowing a member who is at least age seventy and one-half or a member holding state elective office or directly appointed by the governor who wishes to be eligible for a retirement allowance the option of ending his or her membership in the teachers' retirement system, the school employees' retirement system, and the public employees' retirement system; amending RCW 41.32.263, 41.32.010, 41.35.030, and 41.40.023; adding a new section to chapter 41.32 RCW; adding a new section to chapter 41.35 RCW; and adding a new section to chapter 41.40 RCW. 41.40 RCW.

Referred to Committee on Ways and Means.

SB 6384 by Senators Brown, Rossi, Snyder, West, Rasmussen and Oke (by request of Governor Locke)

AN ACT Relating to implementing the recommendations of the investment income tax deduction task force for the business and occupation tax; amending RCW 82.04.4281; creating a new section; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6385 by Senators Rasmussen, Long, Kastama, Winsley, Eide, Franklin, Shin, Hargrove, McCaslin, Morton, Swecker, Fairley, Honeyford, Brown, Gardner and Oke

AN ACT Relating to endangerment of children and dependent persons with a controlled substance; amending RCW 9A.42.010, 13.34.132, and 43.43.830; reenacting and amending RCW 9.94A.515; adding new sections to chapter 9A.42 RCW; prescribing penalties; and declaring an emergency.

Referred to Committee on Judiciary.

SB 6386 by Senators Eide, Shin, Kastama, Franklin, Gardner, Keiser, Regala, McAuliffe, Spanel, Carlson, Winsley, Prentice, Kohl-Welles, Costa, Fraser, Fairley, Thibaudeau, Brown, Poulsen and B. Sheldon (by request of Governor Locke and Superintendent of Public Instruction Bergeson)

AN ACT Relating to school district elections; amending RCW 28A.535.020, 28A.535.050, 84.52.056, and 39.36.020; repealing RCW 28A.530.020; and providing a contingent effective date.

Referred to Committee on Education.

SB 6387 by Senator Brown (by request of Governor Locke)

AN ACT Relating to fiscal matters; amending RCW 70.146.030; amending 2001 2nd sp.s. c 7 s 105, 109, 111, 113, 114, 115, 117, 118, 120, 123, 125, 127, 129, 131, 133, 134, 136, 137, 138, 139, 142, 143, 144, 148, 151, 152, 153, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 213, 214, 215, 216, 217, 219, 220, 221, 222, 224, 302, 303, 304, 306, 307, 308, 309, 401, 402, 501, 502, 503, 504, 505, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 521, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 614, 615, 616, 617, 618, 619, 701, 702, 703, 704, 706, 716, 719, 722, 727, 728, 729, 730, 801, and 805 (uncodified); reenacting and amending RCW 43.320.110; adding new sections to 2001 2nd sp.s. c 7 (uncodified); making appropriations; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6388 by Senators Prentice, Franklin, Regala, Kline, Keiser and Gardner (by request of Department of Trade and Economic Development)

AN ACT Relating to the linked deposit program; amending RCW 43.86A.060 and 43.63A.690; adding a new section to chapter 39.19 RCW; and repealing RCW 43.131.381 and 43.131.382.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6389 by Senators Benton, McAuliffe, Hewitt, Swecker, Roach, Morton, Haugen, Long, Stevens, McCaslin, Johnson, Snyder, Honeyford, Sheahan, Rossi, Rasmussen, Eide, Hale and Oke

AN ACT Relating to the ability to place the United States flag on school district buses; and amending RCW 46.61.380.

Referred to Committee on Education.

SB 6390 by Senators Benton, Horn, Hewitt, Oke, Parlette, Long, Hochstatter, Hale, Swecker, Stevens, Roach, Johnson, Honeyford, McCaslin and McAuliffe

AN ACT Relating to safety rest areas; and adding a new section to chapter 47.38 RCW.

Referred to Committee on Transportation.

SB 6391 by Senators Benton, Fairley, Finkbeiner, Hewitt, Hochstatter, Morton, Swecker, Stevens, Roach, Rossi, Honeyford, Johnson and Kline

AN ACT Relating to personal privacy for hunters and fishers; amending RCW 26.23.150; creating a new section; and declaring an emergency.

Referred to Committee on Natural Resources, Parks and Shorelines.

SB 6392 by Senators Benton, Long and Stevens

AN ACT Relating to sales and use taxation of nonprofit youth centers located on school district property; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6393 by Senators Kline, Deccio, Haugen, Honeyford, Eide, Kastama and Horn

AN ACT Relating to interlocal agreements for jail services; and amending RCW 70.48.090 and 70.48.220.

Referred to Committee on Judiciary.

SB 6394 by Senators Eide, Rasmussen and Kline

AN ACT Relating to making appropriations to assist city fire departments and fire protection districts with the purchase of thermal imaging equipment; and making an appropriation.

Referred to Committee on Ways and Means.

SB 6395 by Senators Rasmussen, Winsley, Hewitt, Gardner, Honeyford, Prentice, Haugen, Regala, Hochstatter, McAuliffe and Hale

AN ACT Relating to the merchandising of beer and wine by employees between the ages of eighteen and twenty-one on or about a licensee's premises; and amending RCW 66.44.318.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6396 by Senators Fairley and Zarelli (by request of Governor Locke)

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

Referred to Committee on Ways and Means.

SB 6397 by Senators Fairley, Zarelli, Kohl-Welles and Keiser (by request of Governor Locke)

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

Referred to Committee on Ways and Means.

SB 6398 by Senators Fairley, Zarelli and Spanel (by request of Governor Locke)

AN ACT Relating to authorization for projects recommended by the public works board; creating a new section; and declaring and emergency.

Referred to Committee on Ways and Means.

SB 6399 by Senators McAuliffe and Gardner

AN ACT Relating to driving records; and amending RCW 46.52.130.

Referred to Committee on Transportation.

SB 6400 by Senators Jacobsen, Oke, Kohl-Welles and Kline

AN ACT Relating to biodiversity conservation; creating new sections; and making an appropriation.

Referred to Committee on Natural Resources, Parks and Shorelines.

SB 6401 by Senators Kline, Costa, Long, Fairley, Thibaudeau and Kohl-Welles

AN ACT Relating to standardizing references to county clerks; and amending RCW 36.23.030, 6.32.350, and 59.28.040.

Referred to Committee on Judiciary.

SB 6402 by Senators Costa, Long, Thibaudeau and Kline

AN ACT Relating to legal financial obligation deductions from inmate funds and wages; and amending RCW 72.11.020 and 72.09.111.

Referred to Committee on Human Services and Corrections.

SB 6403 by Senators Kohl-Welles, Prentice, Winsley, Keiser, Kline and Gardner

AN ACT Relating to collective bargaining for University of Washington employees who are enrolled in academic programs; adding a new section to chapter 41.56 RCW; and declaring an emergency.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6404 by Senators Jacobsen and Costa

AN ACT Relating to duties of the sheriff; and amending RCW 36.28.010..

Referred to Committee on Judiciary.

SB 6405 by Senators Parlette and Haugen

AN ACT Relating to comprehensive plan amendment procedures; and amending RCW 36.70A.130.

Referred to Committee on State and Local Government.

SB 6406 by Senators Costa, Eide, Fairley, Kastama, Jacobsen, Rasmussen, Gardner and Oke

AN ACT Relating to vehicular homicide; reenacting and amending RCW 9.94A.515 and 9.94A.030; and prescribing penalties.

Referred to Committee on Judiciary.

SB 6407 by Senators Costa, Kohl-Welles, Kline, Kastama and Thibaudeau

AN ACT Relating to the trafficking of persons; amending RCW 7.68.020; and creating new sections.

Referred to Committee on Judiciary.

SB 6408 by Senators Costa, Hargrove, Long, Kline, Zarelli, Johnson, Rasmussen and Oke

AN ACT Relating to restoring sex offender registration for nonfelony communication with a minor convictions; reenacting and amending RCW 9A.44.130; creating a new section; and declaring an emergency.

Referred to Committee on Human Services and Corrections.

SB 6409 by Senators Prentice, Hargrove, Johnson, Rossi, Rasmussen, Honeyford, Gardner, Finkbeiner and Hale

AN ACT Relating to construction defect claims asserting property loss and damage; adding a new section to chapter 64.34 RCW; adding a new section to chapter 4.16 RCW; and adding a new chapter to Title 64 RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6410 by Senators Carlson, Zarelli, Benton, Hargrove and Hale

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

Referred to Committee on State and Local Government.

SB 6411 by Senators Kohl-Welles, McAuliffe, Carlson, B. Sheldon, Regala, Shin, Finkbeiner and Fraser (by request of The Evergreen State College)

AN ACT Relating to the participation in the running start program by institutions of higher education; and amending RCW 28A.600.300.

Referred to Committee on Higher Education.

SB 6412 by Senators Kohl-Welles, Costa, Prentice, Winsley, Long, Keiser and Benton

AN ACT Relating to international matchmaking organizations; amending RCW 43.43.760; and adding a new chapter to Title 19 RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6413 by Senators Gardner, Prentice, Franklin, Winsley, Keiser, Rasmussen and Regala

AN ACT Relating to late payment charges; and amending RCW 63.14.090.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6414 by Senators Prentice, Winsley, Deccio, Keiser and Kline (by request of Attorney General Gregoire and Governor Locke)

AN ACT Relating to licensing and regulating money transmitters and currency exchangers; adding a new chapter to Title 19 RCW; prescribing penalties; and providing an effective date.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6415 by Senators Prentice, Winsley, Keiser, Kline, Spanel, Gardner and Rasmussen (by request of Attorney General Gregoire and Governor Locke)

AN ACT Relating to price gouging during significant disruption, emergency, or disaster; and adding a new section to chapter 38.52 RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6416 by Senators Poulsen, Hewitt, Morton, Fraser, McAuliffe, Hale and Rasmussen

AN ACT Relating to allowing public utility districts to define the eligible group of low-income citizens to whom they may provide services at reduced rates; and amending RCW 74.38.070.

Referred to Committee on Environment, Energy and Water.

SB 6417 by Senator Johnson

AN ACT Relating to the filing of wills in superior court; and amending RCW 11.20.050.

Referred to Committee on Judiciary.

SJM 8028 by Senators Stevens, Benton, Johnson, Morton, Honeyford, Rossi, Long, Hochstatter, Swecker, Roach and Kline

Requesting the elimination of the requirement that states collect social security numbers.

Referred to Committee on Judiciary.

SJM 8029 by Senators Kohl-Welles, Rasmussen, Swecker, Hewitt, Sheahan, Prentice, Honeyford, Hargrove, Spanel, Hale, Brown, Snyder, Haugen, McAuliffe and Kline

Petitioning to end restrictions on trade with Cuba.

Referred to Committee on Agriculture and International Trade.

SJM 8030 by Senators Jacobsen, Poulsen, Kline and Spanel

Requesting recognition of the Puget Sound Nearshore Ecosystem Restoration Project.

Referred to Committee on Natural Resources, Parks and Shorelines.

SJR 8223 by Senators Stevens, Hale, Benton, Honeyford, Oke, McCaslin, Hochstatter, Swecker and Roach

Reducing the assessed value of real estate by amounts spent on certain fees.

Referred to Committee on Ways and Means.

SJR 8224 by Senators Eide, Shin, Gardner, Prentice, Franklin, Regala, Jacobsen, Keiser, McAuliffe, Spanel, Kastama, Winsley, Fairley, Thibaudeau, Fraser, Brown, Carlson, Kohl-Welles, Costa, Poulsen, Kline and B. Sheldon (by request of Governor Locke and Superintendent of Public Instruction Bergeson)

Amending the Constitution to provide for a simple majority of voters voting to authorize school district levies.

Referred to Committee on Education.

MOTIONS

On motion of Senator Betti Sheldon, Senate Bill No. 6403 was referred to the Committee on Labor, Commerce and Financial Institutions.

On motion of Senator Betti Sheldon, Senate Bill No. 6352 was held at the desk.

EDITOR’S NOTE: See further referrals from the Introduction and First Reading Calendar later on today.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced a delegation visiting from Okinawa, Japan, who were seated in the gallery. Leading the delegation were Mayor Masakazu Nakasone and Assembly Speaker Yasohide Shinzato.

THIRD READING

ENGROSSED SUBSTITUTE SENATE BILL NO. 5743, by Senate Committee on Transportation (originally sponsored by Senators Haugen, Horn, Shin, Winsley, Oke and Kohl-Welles) (by request of The Blue Ribbon Commission on Transportation)

Investing in human resources for transportation.

MOTIONS

On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5743 was returned to second reading and read the second time.

Senator Haugen moved that the following striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that a skilled technical work force is necessary for maintaining, preserving, and improving Washington's transportation system. The Blue Ribbon Commission on Transportation found that state and local transportation agencies are showing signs of a work force that is insufficiently skilled to operate the transportation system at its highest level. This act is intended to explore methods for fostering a stronger industry in transportation planning and engineering.

NEW SECTION. Sec. 2. A new section is added to chapter 49.04 RCW to read as follows:

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

NEW SECTION. Sec. 3. A new section is added to chapter 47.01 RCW to read as follows:

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

NEW SECTION. Sec. 4. A new section is added to chapter 47.06 RCW to read as follows:

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

Sec. 5. RCW 47.80.030 and 1998 c 171 s 9 are each amended to read as follows:

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

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

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

(i) Crosses member county lines;

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

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

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

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

(vi) Provides for system continuity;

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

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

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

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

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

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

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

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

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

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

NEW SECTION. Sec. 6. The department of labor and industries, in cooperation with the department of transportation, shall conduct an assessment of the current practices, including survey techniques, used in setting prevailing wages for those trades related to transportation facilities and transportation project delivery. The assessment must include an analysis of regional variations. A final report must be submitted to the governor and the transportation committees of the senate and house of representatives by December 1, 2002."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Haugen to Engrossed Substitute Senate Bill No. 5743.

The motion by Senator Haugen carried and the striking amendment was adopted.

MOTIONS

On motion of Senator Haugen, the following title amendment was adopted:

On line 1 of the title, after "transportation;" strike the remainder of the title and insert "amending RCW 47.80.030; adding a new section to chapter 49.04 RCW; adding a new section to chapter 47.01 RCW; adding a new section to chapter 47.06 RCW; and creating new sections."

On motion of Senator Haugen, the rules were suspended, Second Engrossed Substitute Senate Bill No. 5743 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute Senate Bill No. 5743.

ROLL CALL

The Secretary called the roll on the final passage of Second Engrossed Substitute Senate Bill No. 5743 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 46.

Excused: Senators Kline, Roach and Zarelli - 3.

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5743, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

ENGROSSED SUBSTITUTE SENATE BILL NO. 5760, by Senate Committee on Transportation (originally sponsored by Senators Patterson, Horn, Prentice, McAuliffe, Shin, Finkbeiner, Haugen and Kohl-Welles) (by request of The Blue Ribbon Commission on Transportation)

Directing use of intelligent transportation systems and traffic system management.

MOTIONS

On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5760 was returned to second reading and read the second time.

On motion of Senator Haugen, the following striking amendment was adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that emerging technologies can assist in optimizing the state's large, complex, and increasingly congested transportation system. Traffic system management (TSM) and intelligent transportation systems (ITS) are designed to add capacity without requiring major new infrastructure additions.

The legislature intends that funding be provided to projects and programs that provide cost-effective means of relieving congestion. The projects and programs may include, but are not limited to, freeway ramp metering, signal synchronization, patrols dedicated to removal of disabled vehicles from roadways, and highway messaging signs.

NEW SECTION. Sec. 2. A new section is added to chapter 47.05 RCW to read as follows:

The department shall not spend more than five percent of funds from the improvement program for intelligent transportation systems (ITS) and traffic system management (TSM) projects and programs that improve system performance and capacity. The projects and programs may include, but are not limited to, the following: Traffic and incident management, which includes freeway on-ramp metering; signal synchronization; intersection modification; priority treatment for high-occupancy and transit vehicles; and roving service patrols designed to quickly remove disabled vehicles from roadways. Projects and programs selected for funding under this section must undergo a benefit/cost analysis that yields benefits greater than one to one.

By December 1st of each year the department must report to the office of financial management and the legislature on the amount of funds spent on intelligent transportation systems and traffic systems projects and programs.

NEW SECTION. Sec. 3. This act takes effect July 1, 2002."

MOTIONS

On motion of Senator Haugen, the following title amendment was adopted:

On line 2 of the title, after "management;" strike the remainder of the title and insert "adding a new section to chapter 47.05 RCW; creating a new section; and providing an effective date."

On motion of Senator Haugen, the rules were suspended, Second Engrossed Substitute Senate Bill No. 5760 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute Senate Bill No. 5760.

ROLL CALL

The Secretary called the roll on the final passage of Second Engrossed Substitute Senate Bill No. 5760 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 47.

Excused: Senators Kline and Zarelli - 2.

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5760, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SUBSTITUTE SENATE BILL NO. 5748, by Senate Committee on Transportation (originally sponsored by Senators McAuliffe, Horn, Shin, Winsley, Oke, Haugen, Kohl-Welles and Kastama) (by request of The Blue Ribbon Commission on Transportation)

Integrating transportation and land use planning.

MOTIONS

On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5748 was returned to second reading and read the second time.

On motion of Senator Haugen, the following striking amendment was adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 35.63.060 and 1988 c 127 s 1 are each amended to read as follows:

The commission may act as the research and fact finding agency of the municipality. To that end it may make such surveys, analyses, researches and reports as are generally authorized or requested by its council or board, or by the state with the approval of its council or board. The commission, upon such request or authority may also:

(1) Make inquiries, investigations, and surveys concerning the resources of the county, including but not limited to the potential for solar energy development and alternative means to encourage and protect access to direct sunlight for solar energy systems;

(2) Assemble and analyze the data thus obtained and formulate plans for the conservation of such resources and the systematic utilization and development thereof;

(3) Make recommendations from time to time as to the best methods of such conservation, utilization, and development;

(4) Cooperate with other commissions and with other public agencies of the municipality, state and United States in such planning, conservation, and development; and

(5) In particular cooperate with and aid the state within its territorial limits in the preparation of the state master plan provided for in RCW 43.21A.350 and in advance planning of public works programs.

In carrying out its powers and duties, the commission should demonstrate how land use planning is integrated with transportation planning.

Sec. 2. RCW 35A.63.060 and 1967 ex.s. c 119 s 35A.63.060 are each amended to read as follows:

Every code city, by ordinance, shall direct the planning agency to prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and building uses of the code city and its environs. The comprehensive plan may be prepared as a whole or in successive parts. The plan should integrate transportation and land use planning.

Sec. 3. RCW 47.05.051 and 1998 c 175 s 12 are each amended to read as follows:

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

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

(a) Extending the service life of the existing highway system;

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

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

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

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

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

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

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

(f) Consistency with local comprehensive plans developed under chapter 36.70A RCW as follows:

(i) Support for development in and revitalization of existing downtowns;

(ii) Extent that development implements local comprehensive plans for rural and urban residential and nonresidential densities;

(iii) Extent of compact, transit-oriented development at appropriate residential and nonresidential densities; and

(iv) Feasibility of multimodal transportation;

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

(h) Public views concerning proposed improvements;

(i) The conservation of energy resources;

(j) Feasibility of financing the full proposed improvement;

(k) Commitments established in previous legislative sessions;

(l) Relative costs and benefits of candidate programs;

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

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

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

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

Sec. 4. RCW 47.06.040 and 1998 c 199 s 1 are each amended to read as follows:

The department shall develop a statewide multimodal transportation plan under RCW 47.01.071(3) and in conformance with federal requirements, to ensure the continued mobility of people and goods within regions and across the state in a safe, cost-effective manner. The statewide multimodal transportation plan shall consist of:

(1) A state-owned facilities component, which shall guide state investment for state highways including bicycle and pedestrian facilities, and state ferries; and

(2) A state-interest component, which shall define the state interest in aviation, marine ports and navigation, freight rail, intercity passenger rail, bicycle transportation and pedestrian walkways, and public transportation, and recommend actions in coordination with appropriate public and private transportation providers to ensure that the state interest in these transportation modes is met.

The plans developed under each component must be consistent with the state transportation policy plan and with each other, reflect public involvement, be consistent with regional transportation planning, high-capacity transportation planning, and local comprehensive plans prepared under chapter 36.70A RCW, and include analysis of intermodal connections and choices. A primary emphasis for these plans shall be the relief of congestion, the preservation of existing investments and downtowns, ability to attract or accommodate planned population, and employment growth, the improvement of traveler safety, the efficient movement of freight and goods, and the improvement and integration of all transportation modes to create a seamless intermodal transportation system for people and goods.

In the development of the statewide multimodal transportation plan, the department shall identify and document potential affected environmental resources, including, but not limited to, wetlands, storm water runoff, flooding, air quality, fish passage, and wildlife habitat. The department shall conduct its environmental identification and documentation in coordination with all relevant environmental regulatory authorities, including, but not limited to, local governments. The department shall give the relevant environmental regulatory authorities an opportunity to review the department's environmental plans. The relevant environmental regulatory authorities shall provide comments on the department's environmental plans in a timely manner. Environmental identification and documentation as provided for in RCW 47.01.300 and this section is not intended to create a private right of action or require an environmental impact statement as provided in chapter 43.21C RCW.

NEW SECTION. Sec. 5. A new section is added to chapter 47.26 RCW to read as follows:

In any project funded by the transportation improvement board, and in addition to any other items required to be considered by statute, the board also shall consider the land use implications of the project, such as whether the programs and projects:

(1) Support development in and revitalization of existing downtowns;

(2) Implement local comprehensive plans for rural and urban residential and nonresidential densities;

(3) Have land use planning and regulations encouraging compact development at appropriate residential and nonresidential densities; and

(4) Promote the use of multimodal transportation."

MOTIONS

On motion of Senator Haugen, the following title amendment was adopted:On line 2 of the title, after "planning;" strike the remainder of the title and insert "amending RCW 35.63.060, 35A.63.060, 47.05.051, and 47.06.040; and adding a new section to chapter 47.26 RCW."

On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5748 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5748.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5748 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 48.

Excused: Senator Zarelli - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5748, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5749, by Senate Committee on Transportation (originally sponsored by Senators McAuliffe, Horn, Winsley, Oke and Haugen) (by request of The Blue Ribbon Commission on Transportation)

Adopting cost-benefit analysis for transportation planning.

MOTIONS

On motion of Senator Haugen, the rules were suspended, Second Engrossed Substitute Senate Bill No. 5749 was returned to second reading and read the second time.

On motion of Senator Haugen, the following striking amendment was adopted:

Strike everything after the enacting clause and insert the following:

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

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

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

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

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

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

Sec. 2. RCW 47.05.030 and 1998 c 171 s 6 are each amended to read as follows:

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

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

(a) Life-cycle cost analysis;

(b) Traffic volume;

(d) Environmental and weather conditions;

(e) Materials available; and

(f) Construction factors.

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

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

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

Sec. 3. RCW 47.05.035 and 1993 c 490 s 4 are each amended to read as follows:

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

(2) The department will participate in the refinement, enhancement, and application of existing transportation demand modeling tools to be used to evaluate investments. This participation and use of transportation demand modeling tools will be phased in. The first phase will build upon the modeling work initiated by the four-county Puget Sound regional council.

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

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

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

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

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

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

Sec. 4. RCW 47.05.051 and 1998 c 175 s 12 are each amended to read as follows:

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

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

(i) Life-cycle cost analysis;

(ii) Traffic volume;

(iii) Subgrade soil conditions;

(iv) Environmental and weather conditions;

(v) Materials available; and

(vi) Construction factors;

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

(2) Priority programming for the improvement program shall take into account the following:

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

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

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

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

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

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

(h) Public views concerning proposed improvements;

(i) The conservation of energy resources;

(j) Feasibility of financing the full proposed improvement;

(k) Commitments established in previous legislative sessions;

(l) Relative costs and benefits of candidate programs;

(o) Congestion reduction.

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

Sec. 5. RCW 47.06.130 and 1993 c 446 s 13 are each amended to read as follows:

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

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

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

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

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

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

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

NEW SECTION. Sec. 6. This act takes effect July 1, 2002."

MOTIONS

On motion of Senator Haugen, the following title amendment was adopted:

On line 2 of the title, after "planning;" strike the remainder of the title and insert "amending RCW 47.05.010, 47.05.030, 47.05.035, 47.05.051, and 47.06.130; and providing an effective date."

On motion of Senator Haugen, the rules were suspended, Third Engrossed Substitute Senate Bill No. 5749 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Third Engrossed Substitute Senate Bill No. 5749.

ROLL CALL

The Secretary called the roll on the final passage of Third Engrossed Substitute Senate Bill No. 5749 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 48.

Excused: Senator Zarelli - 1.

THIRD ENGROSSED SUBSTITUTE SENATE BILL NO. 5749, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

ENGROSSED SENATE BILL NO. 5759, by Senate Committee on Transportation (originally sponsored by Senators Patterson, Horn, Prentice, McAuliffe, Shin, Finkbeiner, Winsley, Haugen, Franklin, Kohl-Welles and Kastama) (by request of The Blue Ribbon Commission on Transportation)

Improving traffic chokepoints.

MOTIONS

On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5759 was returned to second reading and read the second time.

On motion of Senator Haugen, the following striking amendment was adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature intends that funding for transportation improvements be allocated to the worst traffic chokepoints in the state. Furthermore, the legislature intends to fund projects that provide systemic relief throughout a transportation corridor, rather than spot improvements that fail to improve overall mobility within a corridor.

Sec. 2. RCW 47.05.051 and 1998 c 175 s 12 are each amended to read as follows:

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

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

(((a))) (i) Extending the service life of the existing highway system;

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

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

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

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

(ii) Location within a heavily traveled transportation corridor;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

NEW SECTION. Sec. 3. The department of transportation shall report the results of its priority programming under RCW 47.05.051 to the transportation committees of the senate and house of representatives by December 1, 2003, and December 1, 2005."

MOTIONS

On motion of Senator Haugen, the following title amendment was adopted:

On line 1 of the title, after "improvements;" strike the remainder of the title and insert "amending RCW 47.05.051; creating new sections; and providing an effective date."

On motion of Senator Haugen, the rules were suspended, Second Engrossed Substitute Senate Bill No. 5759 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute Senate Bill No. 5759.

ROLL CALL

The Secretary called the roll on the final passage of Second Engrossed Substitute Senate Bill No. 5759 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 47.

Absent: Senator Honeyford - 1.

Excused: Senator Zarelli - 1.

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5759, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5764, by Senate Committee on Transportation (originally sponsored by Senators Shin, Horn, Winsley, Oke and Haugen) (by request of The Blue Ribbon Commission on Transportation)

Maintaining and preserving transportation facilities and assets.

MOTIONS

On motion of Senator Haugen, the rules were suspended, Second Engrossed Substitute Senate Bill No. 5764 was returned to second reading and read the second time.

On motion of Senator Haugen, the following striking amendment was adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that roads, streets, bridges, and highways in the state represent public assets worth over one hundred billion dollars. These investments require regular maintenance and preservation, or rehabilitation, to provide cost-effective transportation services. Many of these facilities are in poor condition. Given the magnitude of public investment and the importance of safe, reliable roadways to the motoring public, the legislature intends to create stronger accountability to ensure that cost-effective maintenance and preservation is provided for these transportation facilities.

Sec. 2. RCW 35.84.060 and 1969 ex.s. c 281 s 26 are each amended to read as follows:

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

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

NEW SECTION. Sec. 3. A new section is added to chapter 36.56 RCW to read as follows:

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

NEW SECTION. Sec. 4. A new section is added to chapter 36.57A RCW to read as follows:

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

NEW SECTION. Sec. 5. A new section is added to chapter 46.68 RCW to read as follows:

No later than June 30, 2004, cities and towns shall provide to the transportation commission, or its successor entity, preservation rating information on at least seventy percent of the total city and town arterial network. Thereafter, the preservation rating information requirement shall increase in five percent increments in subsequent biennia. The rating system used by cities and towns must be based upon the Washington state pavement rating method or an equivalent standard approved by the transportation commission or its successor entity.

Sec. 6. RCW 47.06.050 and 1993 c 446 s 5 are each amended to read as follows:

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

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

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

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

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

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

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

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

Sec. 7. RCW 47.06.090 and 1993 c 446 s 9 are each amended to read as follows:

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

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

NEW SECTION. Sec. 8. A new section is added to chapter 81.112 RCW to read as follows:

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

NEW SECTION. Sec. 9. A new section is added to chapter 36.78 RCW to read as follows:

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

MOTIONS

On motion of Senator Haugen, the following title amendment was adopted:

On line 2 of the title, after "assets;" strike the remainder of the title and insert "amending RCW 35.84.060, 47.06.050, and 47.06.090; adding a new section to chapter 36.56 RCW; adding a new section to chapter 36.57A RCW; adding a new section to chapter 46.68 RCW; adding a new section to chapter 81.112 RCW; adding a new section to chapter 36.78 RCW; and creating a new section."

On motion of Senator Haugen, the rules were suspended, Third Engrossed Substitute Senate Bill No. 5764 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute Senate Bill No. 5764.

ROLL CALL

The Secretary called the roll on the final passage of Third Engrossed Substitute Senate Bill No. 5764 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 48.

Excused: Senator Zarelli - 1.

THIRD ENGROSSED SUBSTITUTE SENATE BILL NO. 5764, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Betti Sheldon, the Senate advanced to the ninth order of business.

MOTION

On motion of Senator Betti Sheldon, the following bills from the 2001 sessions were returned to the Standing Committees as listed:

SECOND AND THIRD READING

SB 5001 f Initiative/referendum paper State and Local Government

SB 5019 Outdoor burning Natural Resources, Parks & Shorelines

ESSB 5024 Parks & rec commission Natural Resources, Parks & Shorelines

SB 5033 Personnel file inspection Labor, Commerce & Financial Institutions

SB 5035 f Financial regulation fund Labor, Commerce & Financial Institutions

SB 5044 Parent involvement/AIDS Education Education

SB 5062 Public works job order contract State and Local Government

SB 5065 City/town elected officials State and Local Government

SB 5066 f Consumer loan companies Labor, Commerce & Financial Institutions

SB 5067 f Alien banks Labor, Commerce & Financial Institutions

SSB 5068 Credit unions Labor, Commerce & Financial Institutions

SSB 5070 Jury service Judiciary

SB 5074 $f Women's health advisory comm Health & Long-Term Care

SB 5076 Ferry fares/credit cards Transportation

2SSB 5078 f Vehicle license fees Transportation

SB 5079 Motor vehicle excise tax Transportation

SB 5081 Wild animal care facilities Natural Resources, Parks & Shorelines

SB 5082 f Defining rural counties Ways and Means

SB 5086 False reporting Judiciary

SB 5093 Unlawful dumping of litter Natural Resources, Parks & Shorelines

SB 5100 f Existing water rights Ec Development & Telecommunications

SB 5102 f Nonprofit hospitals Ways and Means

SSB 5104 County conservation futures levy Natural Resources, Parks & Shorelines

SB 5105 f Chiropractors Labor, Commerce & Financial Institutions

SB 5106 f Juvenile life insurance Labor, Commerce & Financial Institutions

SSB 5107 Rural counties/growth mngmnt State and Local Government

SSB 5115 Court filing fees Judiciary

SB 5120 f Open liquor in public Judiciary

SSB 5126 Pipeline safety act Ec Development & Telecommunications

SB 5128 Industrial injury/medication Labor, Commerce & Financial Institutions

SB 5132 f Com telephone solicitation Ec Development & Telecommunications

SB 5133 Real estate disclosure info State and Local Government

SB 5134 Mobile homes Labor, Commerce & Financial Institutions

SB 5135 f Mobile homes Labor, Commerce & Financial Institutions

SB 5140 School superintendents Education

SB 5141 Nonpartisan sheriffs State and Local Government

SB 5144 f LEOFF plan 1 Ways and Means

SB 5146 f LEOFF plan 2 Ways and Means

SB 5147 Retirement systems Ways and Means

SB 5151 TERS Ways and Means

SB 5152 f Retirement benefits board Ways and Means

SB 5153 f Retirement systems Ways and Means

SB 5155 f Horse racing compact Labor, Commerce & Financial Institutions

ESB 5156 Superior court judges Judiciary

SB 5159 f Investing surplus funds Higher Education

SB 5162 Safety rest areas Transportation

2SSB 5170 f Commute trip reduction Ways and Means

SB 5175 Restitution Judiciary

SSB 5176 Medical marijuana Health & Long-Term Care

ESSB 5179 f Victim notification Judiciary

SB 5181 Criminal justice training Judiciary

SSB 5183 f Adult family homes Health & Long-Term Care

SB 5185 f Community residential option Ways and Means

SB 5186 f Family planning services Health & Long-Term Care

SSB 5190 f Private investigators Labor, Commerce & Financial Institutions

SB 5195 f Industrial insurance Labor, Commerce & Financial Institutions

SB 5196 Fair credit act Labor, Commerce & Financial Institutions

SB 5201 f TANF/higher education Ways and Means

SSB 5209 State highway property Transportation

SB 5210 f Leasehold excise tax Ways and Means

SB 5212 Special county elections State and Local Government

SB 5218 Air bags Transportation

SB 5220 $ Multiple sclerosis survey Health & Long-Term Care

SB 5225 f Commute trip reduction prgrm Transportation

SB 5226 Oversize load permits Transportation

SB 5227 Marine employees Transportation

SSB 5235 PACE program Labor, Commerce & Financial Institutions

SSB 5240 Emission inspection fee Ec Development & Telecommunications

SB 5246 Salmon recovery grants Natural Resources, Parks & Shorelines

SB 5248 f Electrical board Labor, Commerce & Financial Institutions

SB 5254 Parks & rec facility funding State and Local Government

SB 5260 Ignition interlock Judiciary

SSB 5266 Thoroughbred horses/tax exemption Ways and Means

SB 5272 Election notice State and Local Government

SB 5276 f Apprenticeship law Labor, Commerce & Financial Institutions

SB 5286 Legislation commission State and Local Government

SB 5295 f Wildlife conservation foundation Natural Resources, Parks & Shorelines

SB 5298 $f Wildlife viewing Natural Resources, Parks & Shorelines

ESB 5299 f Nonconsumptive wildlife actv Natural Resources, Parks & Shorelines

SB 5303 f Gainful employment Labor, Commerce & Financial Institutions

SB 5308 Electricians/installations Labor, Commerce & Financial Institutions

SB 5312 Initiatives State and Local Government

SB 5315 f Drinking water Ec Development & Telecommunications

SB 5318 f Cosmetology Labor, Commerce & Financial Institutions

SB 5326 $ Supplemental Transportation budget Transportation

2SSB 5336 f Attorney loan repayment prgm Ways and Means

SB 5341 f Prerecorded telephn messages Ec Development & Telecommunications

SSB 5344 $ Legislative building Ways and Means

SB 5345 $ Operating budget Ways and Means

SB 5346 $ Supplemental operatng budget Ways and Means

SSB 5347 $ Capital budget Ways and Means

SB 5353 Archaeological sites Ways and Means

SB 5354 f Mobile home relocation asst Labor, Commerce & Financial Institutions

SSB 5355 Liability/state employees Human Services & Corrections

SB 5357 f Engineers/land surveyors Labor, Commerce & Financial Institutions

SSB 5361 Water rights Ec Development & Telecommunications

SB 5368 f Child support/medical Judiciary

SSB 5370 CTED Ways and Means

SB 5380 Telecommunications Ec Development & Telecommunications

SB 5382 f Public disclosure State and Local Government

SB 5383 Public disclosure commission law State and Local Government

SB 5384 f Higher education/labor Ways and Means

SB 5385 f Educationl service districts Education

SB 5386 Educational service districts Education

SB 5387 f Educationl service districts Education

SB 5388 Drug paraphernalia Judiciary

SB 5390 f Orthotic devices Ways and Means

ESB 5394 Judges pro tempore Judiciary

SSB 5395 Administrator for the courts Ways and Means

SB 5396 f Insurer investments Labor, Commerce & Financial Institutions

SB 5403 Expedited rule process State and Local Government

SB 5411 f Fire fighters Ways and Means

E2SSB 5419 Chemical dependency treatmnt Ways and Means

SB 5425 f Pesticide application Ec Development & Telecommunications

SB 5430 f Cranial hair prostheses Ways and Means

SB 5437 Hunting & fishing licenses Natural Resources, Parks & Shorelines

SB 5439 f Fishing guides Natural Resources, Parks & Shorelines

SB 5447 f Forest fire protection Ways and Means

SB 5452 f Utility relocation Ec Development & Telecommunications

SB 5453 Air pollution investigations Ec Development & Telecommunications

SB 5454 Juvenile offender basic training Human Services & Corrections

SB 5457 f Private vocational schools Higher Education

SB 5462 f Contraceptive health services Health & Long-Term Care

ESSB 5465 Sex offender treatment providers Human Services & Corrections

2SSB 5469 f Tx deferrals/distressd areas Ways and Means

SB 5476 Credit cards Labor, Commerce & Financial Institutions

SB 5477 f Public transportation system Transportation

SB 5479 Athlete agents Labor, Commerce & Financial Institutions

SB 5489 Veterans affairs personnel State and Local Government

SB 5493 Youth athletic facility account Natural Resources, Parks & Shorelines

2SSB 5506 f Charitable gift annuity Labor, Commerce & Financial Institutions

SB 5507 Parenting plans/paternity Judiciary

SSB 5510 Telecommunications Ec Development & Telecommunications

2E2SSB 5514 f Public facility districts Ways and Means

SB 5515 State veterans' song State and Local Government

SB 5519 f Motorcycles Transportation

SB 5520 f Ballot measures/fiscal impact State and Local Government

SB 5527 Private clubs/liquor Labor, Commerce & Financial Institutions

SSB 5537 f Internet adoption Human Services & Corrections

2SSB 5540 f Energy assistance programs Ways and Means

ESSB 5541 f Wind/sun generating facility Ways and Means

SB 5544 f Students/felonies Education

SB 5556 Public assets State and Local Government

SSB 5557 Alcohol or drug test Judiciary

SB 5562 Harassment orders Judiciary

ESB 5570 Credit unions Labor, Commerce & Financial Institutions

SSB 5573 Raffles/students Labor, Commerce & Financial Institutions

2SSB 5576 Public assistance asset tests Ways and Means

SB 5578 Trusts for nonhuman animals Judiciary

SB 5581 Naturopathic physicians Health & Long-Term Care

SB 5582 Teachers/lapsed certification Education

SSB 5586 f Water resource inventory Ec Development & Telecommunications

SB 5590 Liability company annual reports Labor, Commerce & Financial Institutions

SB 5592 Motor vehicle excise tax Transportation

ESSB 5598 f Athletic trainers Health & Long-Term Care

SB 5599 State mammal State and Local Government

SSB 5601 Limited medical license Health & Long-Term Care

SB 5605 f Insurers/investments Labor, Commerce & Financial Institutions

SB 5608 f Local leasehold excise tax account State and Local Government

SB 5609 Cities and towns State and Local Government

SB 5613 f Agricultural products Ways and Means

SB 5614 f CTED Ec Development & Telecommunications

SB 5615 f Victims of stalking State and Local Government

SB 5623 Surplus line brokers Labor, Commerce & Financial Institutions

2E2SSB 5625 Academic achievement commission Education

ESB 5626 f Definition of veteran State and Local Government

SB 5627 Veterans' & military affairs State and Local Government

SB 5631 Metropolitan park districts State and Local Government

SB 5639 f Abstracts of driving records Transportation

SB 5640 f Motor vehicle dealers Transportation

SSB 5647 f Energy efficiency standards Ways and Means

SB 5649 f Elctrcty generatn resources Ec Development & Telecommunications

SB 5652 In-home long-term care Ways and Means

SB 5653 Insurer's estate Labor, Commerce & Financial Institutions

SB 5654 f Licensing insurance agents Labor, Commerce & Financial Institutions

SB 5658 f Vehicle license renewals Transportation

SB 5660 f Taxation of fuel Transportation

SB 5661 Recreational facilities Natural Resources, Parks & Shorelines

SB 5670 Driving under the influence Judiciary

SB 5672 Crime victims/restitution Judiciary

ESSB 5674 f Washington climate center Ec Development & Telecommunications

SSB 5679 HIV/AIDS prevention Health & Long-Term Care

SSB 5681 f Fire-fighting apparatus Transportation

SB 5688 f Infant and child products Ways and Means

SB 5694 $f Mobile home park managers Labor, Commerce & Financial Institutions

SB 5697 f Missing person records Judiciary

SB 5698 Unidentified persons/information Judiciary

SB 5704 f Election recount procedures State and Local Government

SB 5705 Initiatives/funding sources State and Local Government

SB 5711 f Ballots/order of candidates State and Local Government

SB 5713 Water transfer or changes Ec Development & Telecommunications

SSB 5717 $ Low-income energy asst prgrm Ways and Means

SB 5718 f Reflexologists Health & Long-Term Care

SB 5725 f Direct pay permits Ways and Means

SB 5728 f Workers' compensation Labor, Commerce & Financial Institutions

SB 5738 f Snowmobile registration fees Transportation

SB 5741 f Managed competition/transportation Transportation

SB 5742 Public works/design-build Transportation

SB 5750 f Right-of-way acquisition Transportation

ESSB 5755 f Transportation commission Transportation

ESSB 5765 Environmental permit/transportation Transportation

SSB 5776 f Insurance/confidentiality Labor, Commerce & Financial Institutions

SB 5781 f Fruit & vegetable district fund Agriculture

SB 5782 f Seat belt laws Transportation

SB 5783 f Candidates/elected offices State and Local Government

SB 5788 Whistleblower State and Local Government

SSB 5792 Wine and cider Labor, Commerce & Financial Institutions

SSB 5793 f Holding company act Labor, Commerce & Financial Institutions

SB 5794 Guardianship proceedings Health & Long-Term Care

SSB 5795 f Special parking privileges Transportation

SB 5797 Workers' compensation Health & Long-Term Care

SB 5799 f Digital signatures Ec Development & Telecommunications

SB 5800 Disclosure/port districts Labor, Commerce & Financial Institutions

SB 5803 f Significant lgsltv rules State and Local Government

SB 5808 Farmer-produced bottled wine Agriculture

SB 5809 Breastfeeding Labor, Commerce & Financial Institutions

SB 5811 f Juvenile social services Human Services & Corrections

SSB 5813 Wine/off-premise consumption Labor, Commerce & Financial Institutions

2SSB 5820 f Breast/cervical cancer Ways and Means

SB 5822 DNR supervisors Natural Resources, Parks & Shorelines

SB 5823 Student improvement goals Education

SB 5826 f Collective bargaining/U.W. Ways and Means

SB 5827 Enforcement of judgments Judiciary

SB 5831 Body-gripping traps Natural Resources, Parks & Shorelines

ESB 5833 f Initiatives and referendums State and Local Government

ESB 5835 f Epinephrine Health & Long-Term Care

SSB 5837 f State oyster reserve lands Ways and Means

ESSB 5845 f Sexually violent predators Human Services & Corrections

SB 5847 Dishonored checks Labor, Commerce & Financial Institutions

SB 5851 f Pesticides Agriculture

SB 5859 Blanket Primary State and Local Government

SB 5860 f Surface mining Ways and Means

SB 5865 Vehicle immobilization Judiciary

SB 5868 f Cable subscriber info Ec Development & Telecommunications

SB 5870 Campaign finances State and Local Government

SB 5873 Day labor limits/inflation State and Local Government

SSB 5875 f Telecommunications devices Ec Development & Telecommunications

SSB 5880 f Forest products commission Natural Resources, Parks & Shorelines

SB 5883 f Water supply/growth management State and Local Government

SB 5884 f Local park & recreation task force Natural Resources, Parks & Shorelines

SB 5887 Ethics in public service Higher Education

SSB 5894 f Taxation of lodging Ways and Means

SSB 5902 Agricultural commissions Agriculture

ESSB 5904 Conservation district election Agriculture

SB 5911 Water rights examiners Ec Development & Telecommunications

2SSB 5912 f Energy facilities Ways and Means

SSB 5914 Water rights Ec Development & Telecommunications

SB 5915 f Wetlands mitigation projects Ec Development & Telecommunications

SB 5922 f Water rights appeals Ec & Telecommunications

SB 5927 f Prevailing wage L Labor, Commerce & Financial Institutions

SB 5933 f Home carcinogens & allergens Health & Long-Term Care

SB 5935 Civil forfeitures of property Ways and Means

E2SSB 5936 f Low-income housing Ways and Means

SB 5941 Inheritance rights/parents Judiciary

SSB 5946 Appraisers/school districts Education

SB 5949 Motorists information sign panels Transportation

SB 5951 f Payment of wages Labor, Commerce & Financial Institutions

SB 5959 Local motor vehicle taxes Transportation

SB 5960 Prescription products Health & Long-Term Care

SB 5963 f Juvenile offender parenting Human Services & Corrections

SB 5975 f Family law court files Judiciary

SB 5977 f Leasehold excise tax Ways and Means

SB 5980 Motor fuel marketing Labor, Commerce & Financial Institutions

SSB 5984 f Child dependency & foster parents Human Services & Corrections

SB 5999 f Telephone assistance program Ec Development & Telecommunications

SB 6000 Optometrists Health & Long-Term Care

SB 6009 f Women's correctional center Human Services & Corrections

SB 6016 Conservation districts Agriculture

SB 6025 Gasoline additives Ec Development & Telecommunications

2SSB 6027 f Electricity Ways and Means

SB 6033 f College payment program Ways and Means

SB 6034 f Enhanced 911 excise tax Ways and Means

ESSB 6060 f Hazardous substance tax Ways and Means

SB 6061 Firemen's pension boards Ways and Means

SB 6069 f School buildings Education

SB 6070 f Growth management State and Local Government

SB 6078 Medicare beneficiary Health & Long-Term Care

SB 6080 f Fireworks & explosives Labor, Commerce & Financial Institutions

SB 6081 f Developmental disabilities Ways and Means

SB 6092 Property tax exemption Ways and Means

SSB 6098 Tax structure study Ways and Means

SB 6108 Water right certificate Ec Development & Telecommunications

SB 6113 HOV lanes Transportation

ESB 6126 PUD repair service Ec Development & Telecommunications

SB 6129 House of Representatives State and Local Government

SB 6137 School Employee strikes Education

SSB 6140 f Regional Transportation investment Transportation

2ESSB 6166 f LEOFF/plan 1 Ways and Means

SB 6171 $ Supplemental capital budget Ways and Means

SB 6172 Regional transportation Transportation

2SSB 6177 State energy supply Ways and Means

SB 6187 Public facilities/rural counties Ec Development & Telecommunications

SJM 8000 Columbia River salmon/trout Natural Resources, Parks & Shorelines

SJM 8002 Formation of a new state Judiciary

SJM 8005 Vessel safety standards Ec Development & Telecommunications

SJM 8007 Internet pornography Ec Development & Telecommunications

SJM 8010 Lieutenant Kinkele Transportation

SJM 8011 Filipino veterans State and Local Government

ESJM 8012 Wholesale energy costs Ec Development & Telecommunications

SJM 8013 Sales tax deduction/federal tax Ways and Means

SSJM 8015 California/power rates Ec Development & Telecommunications

SJM 8021 Teachers Education

2SSJR 8206 Initiative petitions Ways and Means

ESJR 8209 Investment board funds Labor, Commerce & Financial Institutions

SJR 8218 State representatives/election State and Local Government

SSCR 8403 State and tribal relations Judiciary

SSCR 8404 f Work force training & Education Higher Education

SCR 8406 Legislator trade mission Agriculture

SSCR 8410 Wireless communication Ec Development & Telecommunications

MOTION

On motion of Senator Betti Sheldon, Substitute Senate Bill No. 5049 which was on today's Third Reading Calendar, was referred to the Committee on Human Services and Corrections.

MOTIONS

On motion of Senator Betti Sheldon, Senate Bill No. 6370, which was on today's Introduction and First Reading Calendar was referred to the Committee on Human Services and Corrections.

On motion of Senator Betti Sheldon, Senate Bill No. 6401, which was on today's Introduction and First Reading Calendar was referred to the Committee on Judiciary.

On motion of Senator Betti Sheldon, Senate Bill No. 6404, which was on today's Introduction and First Reading Calendar was referred to the Committee on Judiciary.

MOTION

At 11:01 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Thursday, January 17, 2002.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate