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

The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Karen Porter and Sean Phillips. Prayer was offered by Reverend Tony Irving, St. Benedict's Episcopal Church, Lacey.

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

AN ACT Relating to the Washington commerce corridor; creating new sections; and providing an expiration date.

AN ACT Relating to interest on building accounts; and reenacting and amending RCW 43.84.092.

AN ACT Relating to the use of public facilities for lobbying; and amending RCW 44.04.170.

SSB 5051 by Senate Committee on Commerce & Trade (originally sponsored by Senator Jacobsen)

AN ACT Relating to strong beer; amending RCW 66.24.244, 66.24.250, 66.24.261, 66.24.270, 66.24.290, 66.24.320, 66.24.330, 66.24.360, 66.24.371, 66.24.452, and 82.08.150; creating a new section; providing an effective date; and declaring an emergency.

SB 5091 by Senators Carlson, Fraser, Shin and Spanel; by request of Joint Committee on Pension Policy

AN ACT Relating to public employees', teachers', and school employees' retirement systems plan 3 member contribution rates; and amending RCW 41.34.040.

SSB 5117 by Senate Committee on Highways & Transportation (originally sponsored by Senators Eide and Kohl-Welles)

AN ACT Relating to sale, distribution, or installation of air bags; amending RCW 46.63.020; adding new sections to chapter 46.37 RCW; and prescribing penalties.

AN ACT Relating to regulating automobile insurance; and amending RCW 48.22.005, 48.22.085, 48.22.090, 48.22.095, and 48.22.100.

SSB 5189 by Senate Committee on Higher Education (originally sponsored by Senators Benton, Swecker, Kohl-Welles, Shin, Stevens, Oke, Roach and Winsley)

AN ACT Relating to tuition and fees charged at institutions of higher education to military and naval veterans of the Korean conflict; amending RCW 28B.15.558; and creating a new section.

SSB 5190 by Senate Committee on Highways & Transportation (originally sponsored by Senators Jacobsen, Horn, Haugen and Franklin)

AN ACT Relating to fuel tax evasion; amending RCW 82.36.380 and 82.38.270; adding new sections to chapter 82.36 RCW; adding new sections to chapter 82.38 RCW; creating a new section; repealing RCW 82.36.306 and 82.38.182; and prescribing penalties.

SSB 5193 by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Benton, Prentice, Winsley, Horn, Franklin, Kohl-Welles, Oke and Kline; by request of Insurance Commissioner)

AN ACT Relating to property insurance for victims of malicious harassment; and adding a new section to chapter 48.18 RCW.

SB 5197 by Senators Swecker, Rasmussen, Jacobsen, Sheahan and Brandland; by request of Department of Agriculture

AN ACT Relating to moving a web site address from statute to rule; amending RCW 15.54.340; and providing an effective date.

SSB 5204 by Senate Committee on Parks, Fish & Wildlife (originally sponsored by Senators Oke, Doumit, T. Sheldon, Jacobsen, Swecker, Kohl-Welles and Esser; by request of Department of Fish and Wildlife)

AN ACT Relating to enhancing watchable wildlife activities; amending RCW 77.12.170 and 77.32.380; adding a new section to chapter 77.32 RCW; and creating a new section.

ESSB 5209 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Deccio, Rasmussen, Winsley, Hewitt, T. Sheldon, Morton, Parlette, Stevens, Hale, Brandland, Mulliken, McCaslin and Oke)

AN ACT Relating to actions against health care providers; amending RCW 4.56.250, 7.70.070, 4.16.350, and 7.70.080; adding new sections to chapter 4.56 RCW; adding a new section to chapter 4.28 RCW; adding a new section to chapter 7.04 RCW; adding new sections to chapter 7.70 RCW; and creating new sections.

SSB 5221 by Senate Committee on Government Operations & Elections (originally sponsored by Senators Roach, Kastama, Fairley, Stevens, Horn and Benton; by request of Secretary of State)

AN ACT Relating to reorganization of statutes on elections; amending RCW 29.01.006, 29.01.008, 29.01.043, 29.01.045, 29.01.055, 29.01.090, 29.01.110, 29.01.120, 29.01.137, 29.01.140, 29.01.170, 29.01.180, 29.04.001, 29.04.010, 29.04.020, 29.57.140, 29.04.070, 29.04.060, 29.04.085, 29.04.088, 29.04.230, 29.13.070, 29.13.010, 29.13.020, 29.13.045, 29.13.048, 29.60.010, 29.60.040, 29.60.050, 29.98.020, 29.04.080, 29.19.070, 29.60.020, 29.07.005, 29.04.095, 29.08.010, 29.07.010, 29.07.110, 29.07.220, 29.10.081, 29.07.092, 29.07.152, 29.07.030, 29.07.070, 29.07.080, 29.07.090, 29.08.080, 29.07.025, 29.07.260, 29.07.270, 29.10.020, 29.10.040, 29.10.051, 29.10.090, 29.10.100, 29.10.185, 29.10.220, 29.10.230, 29.04.250, 29.07.130, 29.04.100, 29.04.110, 29.04.120, 29.04.160, 29.10.127, 29.10.150, 29.33.081, 29.33.330, 29.33.350, 29.04.200, 29.57.010, 29.57.090, 29.57.160, 29.04.040, 29.04.050, 29.48.005, 29.27.090, 29.15.025, 29.13.050, 29.04.170, 29.24.010, 29.24.040, 29.24.070, 29.15.010, 29.15.090, 29.15.030, 29.15.060, 29.15.220, 29.15.190, 29.04.180, 29.18.150, 29.18.160, 29.68.080, 29.68.100, 29.68.130, 29.04.035, 29.27.076, 29.81.310, 29.81A.010, 29.81A.020, 29.81A.040, 29.30.005, 29.30.081, 29.36.220, 29.36.250, 29.36.260, 29.36.360, 29.51.125, 29.51.185, 29.48.035, 29.51.050, 29.51.060, 29.51.100, 29.51.200, 29.54.018, 29.54.010, 29.54.015, 29.45.010, 29.45.020, 29.45.030, 29.45.050, 29.45.070, 29.45.120, 29.38.040, 29.38.060, 29.21.410, 29.27.030, 29.27.080, 29.27.100, 29.27.110, 29.19.010, 29.82.010, 29.82.021, 29.82.025, 29.82.030, 29.82.040, 29.82.080, 29.82.110, 29.82.120, 29.82.140, 29.71.010, 29.71.030, 29.71.040, 29.71.050, 29.74.010, 29.74.030, 29.74.060, 29.74.070, 29.74.100, 29.74.110, 29.74.130, 29.13.040, 29.54.075, 29.54.085, 29.62.030, 29.62.020, 29.54.025, 29.62.040, 29.62.050, 29.62.080, 29.62.090, 29.62.100, 29.62.120, 29.62.130, 29.64.010, 29.64.090, 29.65.010, 29.65.020, 29.65.040, 29.65.060, 29.65.080, 29.65.090, 29.65.100, 29.79.010, 29.79.015, 29.79.020, 29.79.030, 29.79.080, 29.79.090, 29.79.100, 29.79.110, 29.79.115, 29.79.120, 29.79.150, 29.79.160, 29.79.170, 29.79.230, 29.79.300, 29.10.060, 29.04.140, 29.42.010, 29.42.020, 29.42.030, 29.42.050, 29.42.070, 29.85.245, 29.82.210, 29.38.070, 29.79.480, 29.82.220, 29.79.440, 29.82.170, 29.79.490, 29.15.110, 29.15.100, 29.51.030, 29.85.110, 29.85.260, 29.85.240, 29.51.230, 29.51.215, 29.36.370, 29.85.100, 29.91.020, 29.91.060, and 43.07.310; reenacting RCW 29.01.005, 29.01.042, 29.01.047, 29.01.050, 29.01.060, 29.01.065, 29.01.068, 29.01.070, 29.01.080, 29.01.100, 29.01.113, 29.01.117, 29.01.119, 29.01.130, 29.01.135, 29.01.136, 29.01.155, 29.01.160, 29.01.200, 29.04.025, 29.04.091, 29.13.047, 29.60.030, 29.60.060, 29.60.070, 29.60.080, 29.60.090, 29.98.010, 29.98.030, 29.10.011, 29.08.060, 29.08.030, 29.07.160, 29.07.230, 29.07.140, 29.08.040, 29.07.430, 29.07.440, 29.10.170, 29.10.097, 29.10.110, 29.10.180, 29.10.015, 29.10.071, 29.10.075, 29.10.200, 29.10.210, 29.04.150, 29.04.240, 29.10.125, 29.10.130, 29.10.140, 29.33.020, 29.33.041, 29.33.051, 29.33.061, 29.33.130, 29.33.145, 29.33.300, 29.33.310, 29.33.320, 29.33.340, 29.33.360, 29.04.055, 29.48.007, 29.57.040, 29.57.070, 29.57.100, 29.57.050, 29.57.150, 29.24.020, 29.24.025, 29.24.030, 29.24.035, 29.24.045, 29.24.055, 29.24.060, 29.15.130, 29.15.140, 29.15.044, 29.15.020, 29.15.040, 29.15.050, 29.15.070, 29.15.125, 29.15.120, 29.15.160, 29.15.210, 29.15.170, 29.15.180, 29.15.200, 29.15.230, 29.04.190, 29.68.070, 29.81.210, 29.81.220, 29.81.230, 29.81.240, 29.81.250, 29.81.260, 29.81.280, 29.81.290, 29.81.300, 29.81A.030, 29.81A.050, 29.81A.060, 29.81A.070, 29.81A.080, 29.27.020, 29.27.057, 29.27.061, 29.27.065, 29.27.0653, 29.27.0655, 29.27.066, 29.27.0665, 29.27.067, 29.30.010, 29.30.020, 29.30.025, 29.30.040, 29.30.060, 29.30.085, 29.30.086, 29.30.095, 29.30.101, 29.30.111, 29.30.130, 29.36.210, 29.36.230, 29.36.240, 29.36.270, 29.36.280, 29.36.290, 29.36.300, 29.36.310, 29.36.320, 29.36.340, 29.36.350, 29.51.010, 29.51.180, 29.51.190, 29.54.037, 29.48.010, 29.13.080, 29.51.240, 29.48.030, 29.07.170, 29.57.130, 29.48.020, 29.48.070, 29.48.090, 29.48.100, 29.51.150, 29.51.070, 29.51.250, 29.07.180, 29.48.080, 29.48.045, 29.54.093, 29.51.115, 29.51.155, 29.45.040, 29.45.060, 29.45.065, 29.45.080, 29.45.090, 29.45.100, 29.45.110, 29.38.010, 29.38.020, 29.38.030, 29.38.050, 29.15.150, 29.18.010, 29.18.120, 29.18.200, 29.21.010, 29.21.015, 29.21.070, 29.27.050, 29.27.072, 29.27.074, 29.19.020, 29.19.030, 29.19.045, 29.19.055, 29.19.080, 29.82.015, 29.82.023, 29.82.060, 29.82.090, 29.82.100, 29.82.105, 29.82.130, 29.82.160, 29.71.020, 29.27.140, 29.74.020, 29.74.040, 29.74.050, 29.74.080, 29.74.120, 29.74.140, 29.74.150, 29.62.180, 29.54.042, 29.54.050, 29.54.060, 29.54.097, 29.54.105, 29.54.121, 29.54.170, 29.51.175, 29.27.120, 29.36.330, 29.64.015, 29.64.020, 29.64.030, 29.64.035, 29.64.040, 29.64.051, 29.64.060, 29.64.080, 29.04.030, 29.65.050, 29.65.055, 29.65.070, 29.65.120, 29.79.035, 29.79.040, 29.79.050, 29.79.060, 29.79.070, 29.79.140, 29.79.180, 29.79.190, 29.79.200, 29.79.210, 29.79.270, 29.79.280, 29.79.290, 29.70.100, 29.15.026, 29.42.040, 29.85.275, 29.07.400, 29.07.405, 29.07.410, 29.85.249, 29.15.080, 29.79.500, 29.85.040, 29.85.020, 29.51.020, 29.51.221, 29.85.010, 29.85.051, 29.85.060, 29.85.070, 29.85.090, 29.85.210, 29.85.220, 29.85.170, 29.85.225, 29.85.230, 29.91.010, 29.91.030, 29.91.040, 29.91.050, 29.13.023, and 29.13.024; adding new sections to chapter 35.22 RCW; adding a new title to the Revised Code of Washington to be codified as Title 29A RCW; creating new sections; recodifying RCW 29.01.005, 29.01.006, 29.01.008, 29.01.042, 29.01.043, 29.01.045, 29.01.047, 29.01.050, 29.01.055, 29.01.060, 29.01.065, 29.01.068, 29.01.070, 29.01.080, 29.01.090, 29.01.100, 29.01.110, 29.01.113, 29.01.117, 29.01.119, 29.01.120, 29.01.130, 29.01.135, 29.01.136, 29.01.137, 29.01.140, 29.01.155, 29.01.160, 29.01.170, 29.01.180, 29.01.200, 29.04.001, 29.04.010, 29.04.020, 29.57.140, 29.04.025, 29.04.070, 29.04.060, 29.04.085, 29.04.088, 29.04.091, 29.04.230, 29.13.070, 29.13.010, 29.13.020, 29.13.045, 29.13.047, 29.13.048, 29.60.010, 29.60.030, 29.60.040, 29.60.050, 29.60.060, 29.60.070, 29.60.080, 29.60.090, 29.98.010, 29.98.020, 29.98.030, 29.04.080, 29.19.070, 29.60.020, 29.07.005, 29.04.095, 29.10.011, 29.08.010, 29.07.010, 29.08.060, 29.07.110, 29.08.030, 29.07.220, 29.10.081, 29.07.092, 29.07.160, 29.07.152, 29.07.030, 29.07.230, 29.07.070, 29.07.140, 29.07.080, 29.07.090, 29.08.080, 29.08.040, 29.07.025, 29.07.430, 29.07.440, 29.07.260, 29.07.270, 29.10.020, 29.10.040, 29.10.170, 29.10.051, 29.10.090, 29.10.097, 29.10.100, 29.10.110, 29.10.180, 29.10.185, 29.10.015, 29.10.071, 29.10.220, 29.10.075, 29.10.200, 29.10.210, 29.10.230, 29.04.250, 29.07.130, 29.04.100, 29.04.110, 29.04.120, 29.04.150, 29.04.160, 29.04.240, 29.10.125, 29.10.127, 29.10.130, 29.10.140, 29.10.150, 29.33.020, 29.33.041, 29.33.051, 29.33.061, 29.33.081, 29.33.130, 29.33.145, 29.33.300, 29.33.310, 29.33.320, 29.33.330, 29.33.340, 29.33.350, 29.33.360, 29.04.200, 29.57.010, 29.57.090, 29.57.160, 29.04.040, 29.04.050, 29.04.055, 29.48.005, 29.48.007, 29.57.040, 29.57.070, 29.57.100, 29.57.050, 29.57.150, 29.27.090, 29.15.025, 29.13.050, 29.04.170, 29.24.010, 29.24.020, 29.24.025, 29.24.030, 29.24.035, 29.24.040, 29.24.045, 29.24.055, 29.24.060, 29.24.070, 29.15.130, 29.15.140, 29.15.010, 29.15.044, 29.15.020, 29.15.090, 29.15.030, 29.15.040, 29.15.

SSB 5264 by Senate Committee on Government Operations & Elections (originally sponsored by Senators West, Swecker, Jacobsen, Sheahan, Hargrove and Hale)

ESSB 5270 by Senate Committee on Judiciary (originally sponsored by Senators Brandland, Kline, Roach, Kastama, Rasmussen, Johnson, Esser, McCaslin, Kohl-Welles and Winsley)

AN ACT Relating to law enforcement mobilization; adding new sections to chapter 36.28A RCW; and creating a new section.

SB 5273 by Senators Roach, Winsley, Kastama, Shin, Franklin, Rasmussen, Oke, Swecker, Schmidt, Reardon, West and McCaslin

AN ACT Relating to the veterans' scoring criteria in employment examinations; and amending RCW 41.04.010.

SB 5284 by Senators Stevens, Horn, Benton, Haugen, Oke, Swecker, Esser and Mulliken

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

SSB 5310 by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Morton, Hargrove and Haugen)

AN ACT Relating to bond requirements for title insurance agents; and adding a new section to chapter 48.29 RCW.

SSB 5351 by Senate Committee on Land Use & Planning (originally sponsored by Senators Haugen, Swecker, Doumit, Morton, Rasmussen, Hargrove, Horn, Stevens, Spanel and Esser)

SSB 5360 by Senate Committee on Commerce & Trade (originally sponsored by Senators West, Sheahan, Honeyford, Hewitt, Roach, Hale, Esser and Mulliken)

AN ACT Relating to false industrial insurance claims; amending RCW 51.48.020 and 51.48.270; and prescribing penalties.

SB 5373 by Senators Roach, Fairley, Horn, Stevens and Winsley; by request of Secretary of State

AN ACT Relating to actions on the validity of ballot measures; and adding a new section to chapter 4.24 RCW.

SB 5413 by Senators Benton, Prentice, Reardon, Doumit, Honeyford, Mulliken, Rossi, Zarelli, Finkbeiner, Shin, Esser and Kohl-Welles

AN ACT Relating to allowing out-of-state licensees to practice commercial real estate; amending RCW 18.85.010; and adding a new section to chapter 18.85 RCW.

SB 5428 by Senators Finkbeiner, Haugen, Horn and Shin; by request of Department of Licensing

AN ACT Relating to renewal of driver's licenses and identicards by alternative means; amending RCW 46.20.035, 46.20.117, 46.20.120, 46.20.155, and 46.25.080; reenacting and amending RCW 46.20.055 and 46.20.070; and adding a new section to chapter 46.04 RCW.

SB 5429 by Senators Mulliken, Prentice and Horn; by request of Department of Licensing

AN ACT Relating to the Performance Registration Information Systems Management Program (PRISM); amending RCW 46.87.020 and 46.87.140; and adding new sections to chapter 46.87 RCW.

SB 5463 by Senators Roach, Kastama, Stevens, McCaslin, Oke, Horn, Fairley, Kohl-Welles, Schmidt, Winsley and Shin; by request of Secretary of State

AN ACT Relating to a pilot project for military and overseas voters to vote over the Internet; and creating a new section.

SSB 5473 by Senate Committee on Judiciary (originally sponsored by Senators Regala, B. Sheldon, Johnson, Kohl-Welles, Winsley and Rasmussen)

AN ACT Relating to providing law enforcement officers with training in interaction with persons with a developmental disability or mental illness; and adding a new section to chapter 43.101 RCW.

SSB 5474 by Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Regala, Stevens, McAuliffe, Carlson, Kohl-Welles, Winsley and Rasmussen)

AN ACT Relating to improving services for kinship caregivers; adding new sections to chapter 74.13 RCW; and creating a new section.

ESB 5517 by Senators B. Sheldon, Schmidt, Kohl-Welles, Oke, Poulsen, West and Rasmussen

AN ACT Relating to clarifying the apportionment of business and occupation taxes on certain businesses conducted both within and outside the state; and amending RCW 82.04.460.

SSB 5520 by Senate Committee on Highways & Transportation (originally sponsored by Senators Haugen, Horn and Oke; by request of Department of Transportation)

AN ACT Relating to authorizing the ferry system to use alternative public works contracting procedures; and amending RCW 39.10.020, 39.10.051, and 39.10.061.

AN ACT Relating to urban industrial land banks in counties with low population densities; and amending RCW 36.70A.367.

ESSB 5680 by Senate Committee on Land Use & Planning (originally sponsored by Senators Mulliken, T. Sheldon and Morton)

AN ACT Relating to development regulations review by counties with low population densities; and amending RCW 36.70A.130.

2SSB 5694 by Senate Committee on Ways & Means (originally sponsored by Senators Swecker, Jacobsen, Horn, Doumit, Haugen and Rasmussen)

SSB 5708 by Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Franklin, Esser, Haugen, Thibaudeau, Kline and Kohl-Welles)

AN ACT Relating to visitation rights for nonparents; amending RCW 26.09.240 and 26.10.160; adding a new section to chapter 26.10 RCW; creating a new section; and declaring an emergency.

ESSB 5728 by Senate Committee on Judiciary (originally sponsored by Senators Brandland, McCaslin, T. Sheldon, Deccio, Schmidt, Parlette and Hale)

AN ACT Relating to civil liability reform; amending RCW 4.22.070, 4.22.015, 4.56.115, 4.56.110, 4.56.250, 4.16.350, 7.70.080, 7.70.060, 46.61.688, 4.92.005, 4.96.010, 4.92.040, 4.92.090, and 4.92.130; adding a new section to chapter 4.24 RCW; adding new sections to chapter 4.56 RCW; adding a new section to chapter 4.28 RCW; adding a new section to chapter 7.04 RCW; adding new sections to chapter 7.70 RCW; adding a new section to chapter 4.16 RCW; adding a new section to chapter 47.01 RCW; adding a new section to chapter 4.92 RCW; adding a new section to chapter 72.09 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 36.01 RCW; adding a new section to chapter 26.44 RCW; and creating new sections.

AN ACT Relating to technical reorganization of criminal statutes to simplify citation to offenses; amending RCW 2.48.180, 3.50.440, 4.24.320, 7.40.230, 9.05.030, 9.05.060, 9.08.065, 9.08.070, 9.16.080, 9.18.120, 9.18.130, 9.24.020, 9.24.030, 9.24.050, 9.26A.110, 9.35.020, 9.40.100, 9.40.120, 9.41.040, 9.41.042, 9.41.050, 9.45.020, 9.45.124, 9.45.126, 9.45.210, 9.45.220, 9.46.155, 9.46.215, 9.47.090, 9.47.120, 9.61.160, 9.61.230, 9.62.010, 9.68.060, 9.68A.090, 9.68A.150, 9.81.020, 9.81.030, 9.82.010, 9.86.020, 9.86.030, 9.91.140, 9.91.170, 9.94.010, 9.94.030, 9.94A.518, 9.94A.533, 9.94A.550, 9.94A.605, 9.94A.610, 9.94A.734, 9A.20.021, 9A.36.021, 9A.40.030, 9A.40.070, 9A.44.100, 9A.44.130, 9A.46.020, 9A.48.090, 9A.56.070, 9A.56.080, 9A.56.085, 9A.56.096, 9A.60.040, 9A.64.020, 9A.64.030, 9A.76.023, 9A.76.070, 9A.76.080, 9A.82.050, 9A.82.060, 9A.82.080, 9A.82.160, 9A.84.010, 9A.88.010, 10.66.090, 10.79.015, 10.79.040, 10.95.020, 13.40.070, 13.40.160, 13.40.193, 13.40.265, 14.20.020, 15.21.060, 15.24.200, 15.26.300, 15.30.250, 15.60.055, 15.61.050, 15.80.650, 16.52.015, 16.52.190, 16.52.193, 16.52.200, 16.52.230, 16.58.170, 16.65.440, 17.10.350, 17.21.310, 17.24.100, 18.04.370, 18.06.130, 18.06.140, 18.08.460, 18.32.675, 18.32.745, 18.32.755, 18.39.215, 18.39.217, 18.39.220, 18.39.231, 18.57.160, 18.64.045, 18.64.046, 18.64.047, 18.64.246, 18.64.270, 18.71.190, 18.92.230, 18.130.075, 18.130.190, 19.09.275, 19.25.020, 19.25.030, 19.25.040, 19.48.110, 19.68.010, 19.76.110, 19.86.145, 19.100.210, 19.105.480, 19.105.520, 19.110.120, 19.110.160, 19.116.080, 19.146.050, 19.146.110, 19.158.160, 20.01.482, 20.01.490, 21.20.400, 21.30.140, 24.06.465, 26.04.210, 28A.405.040, 28A.635.050, 28A.635.090, 28A.635.100, 28B.10.570, 28B.10.571, 28B.10.572, 28B.20.320, 28B.85.030, 29.04.120, 29.15.100, 29.15.110, 29.36.370, 29.51.200, 29.51.230, 29.79.440, 29.82.170, 30.04.240, 30.04.260, 30.12.090, 30.12.100, 30.12.120, 30.42.290, 30.44.110, 30.44.120, 31.12.724, 31.12.850, 32.04.100, 32.04.110, 32.24.080, 33.24.360, 35.32A.090, 35.36.040, 35A.36.040, 36.18.170, 36.28.060, 36.29.060, 36.32.210, 36.68.080, 36.69.180, 36.71.060, 36.75.130, 38.32.090, 38.32.120, 38.52.150, 39.44.101, 39.62.040, 40.16.010, 40.16.020, 40.16.030, 41.26.062, 41.32.055, 42.20.070, 42.20.090, 43.01.100, 43.06.220, 43.06.230, 43.08.140, 43.09.165, 43.19.1939, 43.22.300, 43.22.340, 43.30.310, 43.43.856, 43.70.185, 46.08.170, 46.09.130, 46.10.130, 46.12.070, 46.12.210, 46.12.220, 46.16.010, 46.44.175, 46.44.180, 46.52.010, 46.52.090, 46.55.020, 46.61.015, 46.61.020, 46.61.685, 46.64.010, 46.68.010, 46.70.021, 46.72.100, 46.72A.060, 46.72A.070, 46.80.020, 46.80.190, 46.87.260, 46.87.290, 47.36.180, 47.36.200, 47.36.250, 47.38.010, 47.41.070, 47.52.120, 47.68.233, 47.68.234, 47.68.240, 47.68.255, 48.06.030, 48.06.190, 48.17.480, 48.30.230, 48.30A.015, 48.31.105, 49.12.410, 49.28.010, 49.28.080, 49.28.100, 49.44.100, 49.44.120, 50.36.010, 50.36.020, 50.40.010, 51.48.040, 51.48.103, 51.48.280, 51.52.120, 53.08.220, 53.34.190, 61.12.030, 64.36.020, 64.36.210, 65.12.730, 65.12.740, 65.12.750, 65.12.760, 66.20.200, 66.28.200, 66.28.210, 66.28.220, 66.44.120, 66.44.180, 66.44.290, 67.24.010, 67.70.120, 67.70.130, 67.70.140, 68.28.060, 68.50.100, 68.50.140, 68.50.145, 68.50.150, 68.50.250, 68.50.610, 68.56.040, 69.04.060, 69.04.070, 69.07.150, 69.25.150, 69.25.160, 69.40.020, 69.40.030, 69.41.030, 69.41.040, 69.41.050, 69.41.070, 69.41.300, 69.41.320, 69.41.330, 69.50.402, 69.50.403, 69.50.406, 69.50.408, 69.50.410, 69.50.415, 69.50.416, 69.50.430, 69.50.440, 69.50.505, 69.90.020, 70.05.120, 70.54.090, 70.54.160, 70.58.280, 70.74.180, 70.94.430, 70.95D.100, 70.105.085, 70.106.140, 70.108.130, 70.110.040, 70.111.030, 70.122.090, 70.127.020, 72.23.170, 72.23.300, 74.08.055, 74.08.100, 74.08.331, 76.12.140, 76.36.035, 76.36.110, 76.36.120, 76.48.120, 77.15.194, 77.15.196, 77.15.198, 78.12.061, 79.01.072, 79.01.748, 79.01.810, 79.76.290, 79A.05.165, 80.28.190, 80.28.210, 81.04.390, 81.40.010, 81.40.040, 81.40.060, 81.40.080, 81.40.130, 81.44.085, 81.54.030, 81.56.150, 81.60.070, 81.60.080, 81.64.090, 81.64.160, 81.68.080, 82.08.0273, 82.08.050, 82.36.330, 82.36.400, 82.44.120, 82.45.090, 82.49.065, 82.50.170, 84.08.050, 84.36.387, 84.40.120, 84.40.340, 87.03.200, 87.03.490, 88.02.055, 88.02.118, 88.08.020, 88.08.050, 88.46.080, 90.03.400, 90.48.140, and 90.56.300; reenacting and amending RCW 9.94A.030, 9.94A.515, 9A.46.110, 9A.82.010, 13.40.0357, 18.64.245, 69.41.020, 69.50.401, and 69.50.435; adding new sections to chapter 9.08 RCW; adding a new section to chapter 9.26A RCW; adding a new section to chapter 9.40 RCW; adding new sections to chapter 9.91 RCW; adding new sections to chapter 9A.56 RCW; adding a new section to chapter 9A.60 RCW; adding a new section to chapter 9A.82 RCW; adding a new section to chapter 19.76 RCW; adding a new section to chapter 19.110 RCW; adding a new section to chapter 69.25 RCW; adding new sections to chapter 69.41 RCW; adding new sections to chapter 69.50 RCW; creating a new section; recodifying RCW 69.41.070; repealing RCW 9.16.090, 9.18.140, 9.45.230, 9.61.170, 9.61.180, 9.68A.140, 9.68A.160, 9.86.050, 9.94.020, 10.79.045, 16.52.195, 18.06.150, 18.64.247, 26.04.230, 28A.405.050, 28A.635.120, 28B.10.573, 28B.20.322, 28B.20.324, 28B.85.110, 29.51.215, 33.24.380, 36.28.070, 36.28.080, 36.28.140, 36.29.070, 36.32.215, 36.32.220, 36.32.225, 36.32.230, 36.75.140, 36.75.150, 43.01.110, 43.22.345, 47.36.210, 47.36.220, 47.36.230, 47.38.030, 48.30A.025, 49.28.020, 49.28.030, 49.28.082, 49.28.084, 49.28.110, 49.44.110, 49.44.130, 61.12.031, 64.36.230, 66.28.250, 66.44.291, 68.50.260, 69.90.040, 70.54.100, 70.54.170, 70.110.060, 70.111.050, 70.127.210, 78.12.062, 81.40.030, 81.40.050, 81.40.070, 81.40.090, 81.40.120, 81.40.140, 81.60.090, 81.64.100, 81.64.110, and 81.64.170; prescribing penalties; and providing an effective date.

AN ACT Relating to driving record abstracts furnished to transit authorities; and reenacting and amending RCW 46.52.130.

AN ACT Relating to implementing the streamlined sales and use tax agreement; amending RCW 82.08.010, 82.12.010, 82.04.040, 82.04.050, 82.14.050, 82.14.070, 82.08.050, 82.04.470, 82.08.064, 82.14.055, 82.32.430, 82.08.02566, 82.12.02566, 82.08.037, 82.12.020, 82.12.040, 82.12.060, 82.08.0293, 82.12.0293, 66.28.190, 82.04.272, 82.04.4289, 82.08.0281, 82.12.0275, 82.08.0283, 82.12.0277, 82.14.020, 82.04.215, 82.04.29001, 82.12.0284, and 82.04.120; amending 2002 c 67 s 18 (uncodified); reenacting and amending RCW 82.14.020; adding new sections to chapter 82.02 RCW; adding new sections to chapter 82.08 RCW; adding new sections to chapter 82.32 RCW; adding new sections to chapter 82.12 RCW; adding a new section to chapter 82.04 RCW; creating a new section; and providing an effective date.

ESSB 5807 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Parlette, Deccio, Brandland, Mulliken, Carlson, Honeyford, Hewitt, Stevens, Oke, Sheahan and Winsley)

AN ACT Relating to the basic health plan; amending RCW 70.47.010, 70.47.020, 70.47.030, 70.47.040, 70.47.060, 70.47.100, and 70.47.130; reenacting and amending RCW 48.43.005; adding new sections to chapter 70.47 RCW; repealing RCW 70.47.015, 70.47.080, 70.47.090, and 70.47.115; and declaring an emergency.

SSB 5859 by Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senator Benton)

AN ACT Relating to creating the crime of mineral trespass; reenacting and amending RCW 9.94A.515, 9.94A.515, and 13.40.0357; adding new sections to chapter 78.44 RCW; prescribing penalties; providing an effective date; and providing an expiration date.

SSB 5861 by Senate Committee on Government Operations & Elections (originally sponsored by Senators Roach, Rasmussen, T. Sheldon, Finkbeiner, Kohl-Welles, Oke, Schmidt and Shin)

AN ACT Relating to criminal impersonation of a veteran of the armed forces; amending RCW 9A.60.040; and prescribing penalties.

SSB 5868 by Senate Committee on Highways & Transportation (originally sponsored by Senators Brown, West, Sheahan and Kohl-Welles)

AN ACT Relating to driving abstracts of prospective volunteers; and reenacting and amending RCW 46.52.130.

AN ACT Relating to requiring the apple commission board positions to be composed of fifteen members allocated on a geographic basis; and amending RCW 15.24.020 and 15.24.030.

SSB 5933 by Senate Committee on Commerce & Trade (originally sponsored by Senators Hargrove, Franklin and Kline)

SSB 5966 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Deccio and Winsley)

AN ACT Relating to increasing the supply of dentists to meet the critical shortage of dental providers in this state and underserved areas; amending RCW 18.32.215; and creating a new section.

AN ACT Relating to correcting a technical error to clarify that the family law handbook shall be provided when a person applies for a marriage license; and amending RCW 2.56.180.

ESB 5971 by Senators Fairley, Zarelli, Poulsen, Rossi, Hargrove, Deccio, Rasmussen and Winsley

AN ACT Relating to residential habilitation centers; amending RCW 28A.190.020, 71A.20.020, 71A.20.050, 71A.20.080, and 72.05.010; reenacting and amending RCW 43.84.092; adding a new section to chapter 43.79 RCW; creating a new section; and repealing RCW 71A.20.030.

SB 5994 by Senators Hewitt, Reardon, Honeyford, Haugen, Rossi, Hale, Mulliken and T. Sheldon

AN ACT Relating to removing suppliers and distributors of wine from the provisions of chapter 19.126 RCW; amending RCW 19.126.010 and 19.126.020; and declaring an emergency.

SSB 5996 by Senate Committee on Economic Development (originally sponsored by Senators West, Brown, Kohl-Welles, T. Sheldon, Shin, Hale, Rossi, Fairley, Spanel, Franklin, Parlette, McAuliffe, Rasmussen and Winsley)

AN ACT Relating to hosting the 2005 conference of the national conference of state legislatures and other government conferences; creating new sections; amending RCW 42.52.150; adding a new section to chapter 42.52 RCW; and providing an expiration date.

SSCR 8401 by Senate Committee on Higher Education (originally sponsored by Senators Kohl-Welles, Carlson, Johnson, Shin, Jacobsen, McAuliffe, Schmidt, Rasmussen and B. Sheldon)

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

HOUSE BILL NO. 1299, By Representatives Cody, Sommers, Morrell, Schual-Berke and Dickerson

Providing for evidence-based health services purchasing by state purchased health care programs.

The bill was read the second time. There being no objection, Substitute House Bill No. 1299 was substituted for House Bill No. 1299 and the substitute bill was placed on the second reading calendar.

On page 1, line 7, strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 41.05 RCW to read as follows:

(1) The authority shall coordinate state agency efforts to develop and implement uniform policies across state purchased health care programs that will ensure prudent, cost-effective health services purchasing, maximize efficiencies in administration of state purchased health care programs, improve the quality of care provided through state purchased health care programs, and reduce administrative burdens on health care providers participating in state purchased health care programs. The policies adopted should be based, to the extent possible, upon the best available scientific and medical evidence and shall endeavor to address:

(a) Methods of formal assessment, such as health technology assessment. Consideration of the best available scientific evidence does not preclude consideration of experimental or investigational treatment or services under a clinical investigation approved by an institutional review board;

(b) Monitoring of health outcomes, adverse events, quality, and cost-effectiveness of health services;

(d) Exploration of common strategies for disease management and demand management programs.

(2) The administrator may invite health care provider organizations, carriers, other health care purchasers, and consumers to participate in efforts undertaken under this section.

(3) For the purposes of this section "best available scientific and medical evidence" means the best available external clinical evidence derived from systematic research.

NEW SECTION. Sec. 2. Agencies administering state purchased health care programs shall cooperatively adopt rules necessary to implement this act."

Representatives Cody and Alexander spoke in favor of the adoption of the amendment.

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

Representatives Cody, Alexander and Pflug spoke in favor of passage of the bill.

On motion of Representative Clements, Representatives Buck and Shabro were excused. On motion of Representative Upthegrove, Representatives Kessler, McIntire, Santos and Schual-Berke were excused.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1299.

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1299 and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Schindler, Schoesler, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 92.

Excused: Representatives Buck, Kessler, McIntire, Santos, Schual-Berke and Shabro - 6.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1299, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1037, By Representatives Gombosky, Cairnes, Linville, Wood, Mielke, Sullivan and Nixon

Exempting retail sales of food and beverages from the litter tax that are consumed indoors on the seller's premises.

"NEW SECTION. Sec. 2. This act is necessary for the immediate peservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Representatives Gombosky and Cairnes spoke in favor of the adoption of the amendment.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1037.

The Clerk called the roll on the final passage of Engrossed House Bill No. 1037 and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Schindler, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

ENGROSSED HOUSE BILL NO. 1037, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1085, By Representatives Schual-Berke, Benson and Simpson; by request of Insurance Commissioner

The bill was read the second time. There being no objection, Substitute House Bill No. 1085 was substituted for House Bill No. 1085 and the substitute bill was placed on the second reading calendar.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1085.

The Clerk called the roll on the final passage of Substitute House Bill No. 1085 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Schindler, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

SUBSTITUTE HOUSE BILL NO. 1085, having received the necessary constitutional majority, was declared passed.

The bill was read the second time. There being no objection, Substitute House Bill No. 1695 was substituted for House Bill No. 1695 and the substitute bill was placed on the second reading calendar.

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

Representatives Quall, Schindler and Cairnes spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1695.

The Clerk called the roll on the final passage of Substitute House Bill No. 1695 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Schindler, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

SUBSTITUTE HOUSE BILL NO. 1695, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1796, By Representatives Murray, Hankins, Dunshee, Anderson, Lantz, Eickmeyer, McIntire, Kagi, Conway, Kenney, Schual-Berke, Wood, Lovick, Santos and Edwards

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1796 was substituted for House Bill No. 1796 and the second substitute bill was placed on the second reading calendar.

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

Representatives Wood, Schual-Berke, Murray, Benson, Hudgins and Hankins spoke in favor of passage of the bill.

Representatives Ericksen, Clements and Cairnes spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 1796.

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1796 and the bill passed the House by the following vote: Yeas - 54, Nays - 41, Absent - 0, Excused - 3.

Voting yea: Representatives Benson, Berkey, Blake, Bush, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Delvin, Dickerson, Dunshee, Edwards, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Schindler, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wood and Mr. Speaker - 54.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Boldt, Buck, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Eickmeyer, Ericksen, Hinkle, Holmquist, Hunter, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schoesler, Sehlin, Sump, Talcott, Tom, Wallace and Woods - 41.

SECOND SUBSTITUTE HOUSE BILL NO. 1796, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2086, By Representatives O'Brien, Cody, Sullivan, Kagi, Lantz and Chase

Authorizing use of an approved community option as an alternative to total confinement.

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

There being no objection, the House deferred action on HOUSE BILL NO. 2086 and the bill held its place on Third Reading.

The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 5403 and requests a conference thereon. The Senate has appointed the following conferees:

On motion of Representative Sommers, the House granted the Senate's request for a conference on SUBSTITUTE SENATE BILL NO. 5403.

The Speaker (Representative Lovick presiding) appointed Representatives Sommers, Fromhold and Sehlin as conferees on Substitute Senate Bill No. 5403.

HOUSE BILL NO. 2197, By Representatives Conway, Benson, Grant, McDonald, Dunshee, Cox, Ruderman, Buck, Miloscia, Delvin, Cooper, Hinkle, Gombosky, Campbell, Simpson, Linville, Hunt, Berkey and Bush

The bill was read the second time. There being no objection, Substitute House Bill No. 2197 was substituted for House Bill No. 2197 and the substitute bill was placed on the second reading calendar.

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

Representatives Conway, Benson and Sehlin spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2197.

The Clerk called the roll on the final passage of Substitute House Bill No. 2197 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

SUBSTITUTE HOUSE BILL NO. 2197, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2119, By Representatives Linville, Morris, Romero, Kagi, Kirby, Edwards, Wallace, Chase, Cooper, Hunt and Upthegrove

The bill was read the second time. There being no objection, Second Substitute House Bill No. 2119 was substituted for House Bill No. 2119 and the second substitute bill was placed on the second reading calendar.

"NEW SECTION. Sec. 1. The purpose of the Washington climate action registry is to assist entities that voluntarily choose to record their greenhouse gas emission inventories in order to gain recognition for emission reductions under any future federal regulatory regime and to trade emission credits. To that end, the Washington climate and rural energy development center may:

(2) Publish basic definitions and protocols and identify organizations qualified to provide technical assistance to registrants;

(3) Assist registrants, if requested by the registrant, to devise protocols, reporting formats, and verification procedures as may be sought by the registrant to ensure the credibility of the information recorded in the registry; and

(4) Develop protocols for a specific economic sector that apply to all registrants in that sector if sectorwide protocols are requested by a registrant of that economic sector.

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

(1) "Center" means the Washington climate and rural energy development center established in RCW 28B.30.642.

(2) "Direct emissions" are emissions from sources, sinks, and activities that an entity owns or has direct or effective control over, such as, but not limited to, on-site combustion and process equipment emissions.

(3) "Emissions" means the net of release and absorption of greenhouse gases into or from the ambient air.

(4) "Emissions inventory" means the report of emissions and normalized emissions for a calendar year.

(5) "Entity" means a for-profit or a nonprofit corporation filing a separate federal income tax return, a city or county, each state government department and agency, and all political subdivisions of the state.

(6) "Greenhouse gases" means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and emit radiation at wavelengths within the spectrum of infrared radiation emitted by the earth's surface, atmosphere, and clouds.

(7) "Normalized emissions" means a ratio of emissions per unit time divided by a factor such as, but not limited to, revenues, expenditures, energy use, or production for the same time period and for the same scope as the emissions.

(8) "Normalized emissions for electrical generation facilities" means a measurement of emissions based on pounds, or the metric equivalent of pounds, of emissions per megawatt hour.

(9) "Primary greenhouse gas" means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.

(10) "Registrant" means an entity that has voluntarily filed with the registry information, notified the center that it intends to record emissions inventories, and has paid the necessary fees.

(12) "Scope" means the sources, sinks, and activities creating emissions designated by the center.

(13) "Subsidiary" means an entity effectively under the control of a parent entity, including but not limited to, public and private nonprofit and for-profit corporations, whose board of directors or similar managing authority is composed of a majority of persons appointed by either the legislative or executive authority, or both, of the parent entity. However, each department and independent agency of the state and each municipal electric utility may not be considered a subsidiary of a parent entity for the purpose of this chapter. "Subsidiary" includes entities that are joint ventures with other entities with emissions assigned to the parent entities according to mutual agreement or in the absence of an agreement in proportions determined by the protocols of the registry.

NEW SECTION. Sec. 3. (1) The center may establish and maintain the registry to assist entities that voluntarily register emission inventories in receiving recognition under any future federal regulatory scheme relating to greenhouse gases and trading emissions credits. An entity operating in the state may voluntarily register with the center and use the services of the center.

(2) The center may: (a) Adopt protocols for defining the scope of emissions inventories, and for measuring, calculating, reporting, and verifying emissions, normalized emissions, and emission inventories; (b) adopt a uniform format for reporting emissions inventories; and (c) maintain a record of verified emissions inventories submitted by active registrants.

(3) The center may adopt procedures for delisting registrants and adopt fees to: (a) Recover any costs necessary to maintain the registry; (b) develop protocols for a specific economic sector under section 5 of this act; and (c) provide assistance to registrants.

(4) All records or other information furnished to the registry by a registrant remain the property of the registrant in perpetuity. Nothing in this chapter may be construed to affect in any way the right of privacy and confidentiality of a registrant's records or other information.

NEW SECTION. Sec. 4. (1) A registrant that voluntarily reports its emission inventories with the center may report emissions for which it may seek recognition under any future regulatory scheme or for credit trading.

(a) File with the registry as an entity and may report emission inventories for subsidiaries, individual facilities, or projects, as a subset of an entity's entire emissions inventory report. A registrant may separately report emissions inventories for subsidiaries, facilities, projects, or portions of the entity in other countries, and it may report emissions inventories for subsidiaries or individual facilities located in the state or report emissions inventory for its entire operations. A registrant's scope may include all activities, sources, and sinks in the state and may include the remainder of the entity in the United States. A registrant may report verified emissions inventories for sequential multiple years after January 1, 1990, from facilities or activities outside the entity for which it claims ownership of the net change in emissions;

(b) Record an emissions inventory by calendar year. Registrants that have sufficiently complete data for prior years that can be verified may record emissions inventories for consecutive years before the first year for which they report, but not before January 1, 1990;

(c) Separately identify within their annual emissions inventories any rights or ownership to emissions or emissions credits by year, that have been acquired from or transferred to: (i) Other entities located within or outside the state; or (ii) within the registrant entity, including its subsidiaries, to or from locations outside the state that would not otherwise be included in a registrant's report. An explanatory note may be included in the registry to prior years' data when there is a change in the procedures or protocols by which a registrant's emissions inventories are created. Registrants may record emissions inventories with separately identified adjustments to report any change in scope. Registrants may record verified revised emissions inventories for prior years to conform to current protocols or current scope. Where the scope of the registrant changes significantly during the year, the center may record with the registry for the year in which the scope change occurs an emissions inventory including only the scope of the prior year and shall add an explanatory note to the record;

(d) Identify and quantify any portion of the emissions inventory that is being reported to any other registry of greenhouse gas emissions, any differences between the reports, and the name and address of the other registry; and

(e) Hire, at their own expense, a third-party organization or person qualified under this chapter to independently verify and attest to the accuracy of the emission results reported by the registrant to the registry.

NEW SECTION. Sec. 5. If a registrant requests that protocols be developed for the specific economic sector in which the registrant files its emissions inventory, the center shall develop protocols for that specific economic sector. In developing the protocols, the center must take into consideration input from other potential registrants, public and private sector interests, and any source necessary to accomplish the goals of this chapter. Protocols must be developed for defining the scope of emissions inventories, and for measuring, calculating, reporting, and verifying emissions, normalized emissions, and emissions inventories for a specific economic sector. The center may register and record only those inventories of registrants that choose to record greenhouse gas emissions inventories using the protocols developed by the center under this section for a specific economic sector.

NEW SECTION. Sec. 6. (1) The center may develop a procedure for identifying and qualifying third-party organizations or persons who can provide registrants competent technical assistance and advice in any or all of the areas of verifying emission inventories, measuring, monitoring, and calculating greenhouse gas emissions, and identifying appropriate emissions reduction targets. The center may limit its recognition of the organization or person to specific areas of competency. The center may reopen the qualification process periodically to enable new organizations and persons to be added to the list.

(2) All records or other information furnished to or reviewed by a person under this section remain the property of the registrant in perpetuity. Nothing in this chapter may be construed to affect in any way the right of privacy and confidentiality of a registrant's records or other information.

NEW SECTION. Sec. 7. If a mandatory federal greenhouse gas emissions registry is enacted, the director of the center must report to the legislature as soon as practical on any conflicts with this chapter. The center shall certify the date on which a mandatory federal greenhouse gas registry becomes operational. As of the date certified by the center, the center may no longer accept emissions inventories for registration with the state greenhouse gas emissions registry.

NEW SECTION. Sec. 8. Sections 1 through 7 of this act constitute a new chapter in Title 43 RCW."

Representatives Morris and Crouse spoke in favor of the adoption of the amendment.

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

Representatives Linville, Crouse, Morris, DeBolt and Linville (again) spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2119.

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2119 and the bill passed the House by the following vote: Yeas - 93, Nays - 4, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 93.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2119, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1844, By Representatives Schual-Berke, Benson, Simpson, Morrell, McIntire, Mielke, Hudgins, Rockefeller and Bush

The bill was read the second time. There being no objection, Substitute House Bill No. 1844 was substituted for House Bill No. 1844 and the substitute bill was placed on the second reading calendar.

"NEW SECTION. Sec. 1. A new section is added to chapter 9A.56 RCW to read as follows:

(1) A person is guilty of unlawful production of payment instruments if he or she prints or produces a check or other payment instrument in the name of a person or entity, or with the routing number or account number of a person or entity, without the permission of the person or entity to manufacture or reproduce such payment instrument with such name, routing number, or account number.

(2)(a) A person is guilty of unlawful possession of payment instruments if he or she possesses two or more checks or other payment instruments, alone or in combination:

(i) In the name of a person or entity, or with the routing number or account number of a person or entity, without the permission of the person or entity to possess such payment instrument, and with intent either to deprive the person of possession of such payment instrument or to commit theft, forgery, or identity theft; or

(ii) In the name of a fictitious person or entity, or with a fictitious routing number or account number of a person or entity, with intent to use the payment instruments to commit theft, forgery, or identity theft.

(i) A person or financial institution that has lawful possession of a check, which is endorsed to that person or financial institution; and

(ii) A person or financial institution that processes checks for a lawful business purpose.

(3) A person is guilty of unlawful possession of a personal identification device if the person possesses a personal identification device with intent to use such device to commit theft, forgery, or identity theft. "Personal identification device" includes any machine or instrument whose purpose is to manufacture or print any driver's license or identification card issued by any state or the federal government, or any employee identification issued by any employer, public or private, including but not limited to badges and identification cards, or any credit or debit card.

(4) A person is guilty of unlawful possession of fictitious identification if the person possesses a personal identification card with a fictitious person's identification with intent to use such identification card to commit theft, forgery, or identity theft, when the possession does not amount to a violation of RCW 9.35.020.

(5) A person is guilty of unlawful possession of instruments of financial fraud if the person possesses a check-making machine, equipment, or software, with intent to use or distribute checks for purposes of defrauding an account holder, business, financial institution, or any other person or organization.

(a) A person, business, or other entity, that has lawful possession of a check, which is endorsed to that person, business, or other entity;

(b) A financial institution or other entity that processes checks for a lawful business purpose;

(c) A person engaged in a lawful business who obtains another person's personal identification in the ordinary course of that lawful business;

(d) A person who obtains another person's personal identification for the sole purpose of misrepresenting his or her age; and

(e) A law enforcement agency that produces or displays counterfeit credit or debit cards, checks or other payment instruments, or personal identification devices for investigative or educational purposes.

(7) In a proceeding under this section that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.

NEW SECTION. Sec. 2. A new section is added to chapter 9A.56 RCW to read as follows:

(1) A person is guilty of possession of another's identification if the person knowingly possesses personal identification bearing another person's identity, when the person possessing the personal identification does not have the other person's permission to possess it, and when the possession does not amount to a violation of RCW 9.35.020.

(a) A person who obtains, by means other than theft, another person's personal identification for the sole purpose of misrepresenting his or her age;

(b) A person engaged in a lawful business who obtains another person's personal identification in the ordinary course of business;

(c) A person who finds another person's lost personal identification, does not intend to deprive the other person of the personal identification or to use it to commit a crime, and takes reasonably prompt steps to return it to its owner; and

(d) A law enforcement agency that produces or displays counterfeit credit or debit cards, checks or other payment instruments, or personal identification for investigative or educational purposes.

(3) In a proceeding under this section that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.

As used in RCW 9A.56.280 ((and)), 9A.56.290, 9A.60.020, and sections 1 and 2 of this act, unless the context requires otherwise:

(1) "Cardholder" means a person to whom a credit card is issued or a person who otherwise is authorized to use a credit card.

(2) "Check" means a negotiable instrument that meets the definition of "check" under RCW 62A.3-104 or a blank form instrument that would meet the definition of "check" under RCW 62A.3-104 if it were completed and signed.

(3) "Credit card" means a card, plate, booklet, credit card number, credit card account number, or other identifying symbol, instrument, or device that can be used to pay for, or to obtain on credit, goods or services.

(((3))) (4) "Credit card transaction" means a sale or other transaction in which a credit card is used to pay for, or to obtain on credit, goods or services.

(((4))) (5) "Credit card transaction record" means a record or evidence of a credit card transaction, including, without limitation, a paper, sales draft, instrument, or other writing and an electronic or magnetic transmission or record.

(((5))) (6) "Debit card" means a card used to obtain goods or services by a transaction that debits the cardholder's account, rather than extending credit.

(7) "Financial information" means financial information as defined in RCW 9.35.005.

(8) "Financial institution" means a bank, trust company, mutual savings bank, savings and loan association, or credit union authorized under state or federal law to do business and accept deposits in Washington.

(((6))) (9) "Means of identification" means means of identification as defined in RCW 9.35.005.

(10) "Merchant" means a person authorized by a financial institution to honor or accept credit cards in payment for goods or services.

(((7))) (11) "Person" means an individual, partnership, corporation, trust, or unincorporated association, but does not include a financial institution or its authorized employees, representatives, or agents.

(12) "Personal identification" means any driver's license, passport, or identification card actually or purportedly issued by any federal, state, local or foreign governmental entity; any credit card or debit card; or any employee identification card actually or purportedly issued by any employer, public or private, including but not limited to a badge or identification or access card.

(1) A person commits the crime of unlawful factoring of a credit card transaction if the person, with intent to commit fraud or theft against a cardholder, credit card issuer, or financial institution, causes any such party or parties to suffer actual monetary damages that in the aggregate exceed one thousand dollars, by:

(a) Presenting to or depositing with, or causing another to present to or deposit with, a financial institution for payment a credit card transaction record that is not the result of a credit card transaction between the cardholder and the person;

(b) Employing, soliciting, or otherwise causing a merchant or an employee, representative, or agent of a merchant to present to or deposit with a financial institution for payment a credit card transaction record that is not the result of a credit card transaction between the cardholder and the merchant; or

(c) Employing, soliciting, or otherwise causing another to become a merchant for purposes of engaging in conduct made unlawful by this section.

(2) Normal transactions conducted by or through airline reporting corporation-appointed travel agents or cruise-only travel agents recognized by passenger cruise lines are not considered factoring for the purposes of this section.

Sec. 5. RCW 9A.60.020 and 1975-'76 2nd ex.s. c 38 s 13 are each amended to read as follows:

(b) He possesses, utters, offers, disposes of, or puts off as true a written instrument which he knows to be forged.

(2) In a proceeding under this section that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.

Sec. 6. RCW 9A.82.010 and 2001 c 222 s 3 and 2001 c 217 s 11 are each reenacted and amended to read as follows:

Unless the context requires the contrary, the definitions in this section apply throughout this chapter.

(i) The interest of a person as a beneficiary under a trust established under Title 11 RCW in which the trustee for the trust holds legal or record title to real property;

(ii) The interest of a person as a beneficiary under any other trust arrangement under which a trustee holds legal or record title to real property for the benefit of the beneficiary; or

(iii) The interest of a person under any other form of express fiduciary arrangement under which one person holds legal or record title to real property for the benefit of the other person.

(b) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in a general partnership or limited partnership.

(2) "Control" means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.

(3) "Creditor" means a person making an extension of credit or a person claiming by, under, or through a person making an extension of credit.

(4) "Criminal profiteering" means any act, including any anticipatory or completed offense, committed for financial gain, that is chargeable or indictable under the laws of the state in which the act occurred and, if the act occurred in a state other than this state, would be chargeable or indictable under the laws of this state had the act occurred in this state and punishable as a felony and by imprisonment for more than one year, regardless of whether the act is charged or indicted, as any of the following:

(f) Unlawful sale of subscription television services, as defined in RCW 9A.56.230;

(g) Theft of telecommunication services or unlawful manufacture of a telecommunication device, as defined in RCW 9A.56.262 and 9A.56.264;

(l) Unlawful production of payment instruments, unlawful possession of payment instruments, unlawful possession of a personal identification device, unlawful possession of fictitious identification, or unlawful possession of instruments of financial fraud, as defined in section 1 of this act;

(((m))) (n) Advancing money for use in an extortionate extension of credit, as defined in RCW 9A.82.030;

(((n))) (o) Collection of an extortionate extension of credit, as defined in RCW 9A.82.040;

(((p))) (q) Delivery or manufacture of controlled substances or possession with intent to deliver or manufacture controlled substances under chapter 69.50 RCW;

(((t))) (u) Obstructing criminal investigations or prosecutions in violation of RCW 9A.72.090, 9A.72.100, 9A.72.110, 9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;

(((u))) (v) Fraud in the purchase or sale of securities, as defined in RCW 21.20.010;

(((w))) (x) Sexual exploitation of children, as defined in RCW 9.68A.040, 9.68A.050, and 9.68A.060;

(((cc))) (dd) Commercial telephone solicitation in violation of RCW 19.158.040(1);

(((hh))) (ii) Unlicensed practice of a profession or business, as defined in RCW 18.130.190(7);

(((ii))) (jj) Improperly obtaining financial information, as defined in RCW 9.35.010; or

(5) "Dealer in property" means a person who buys and sells property as a business.

(6) "Debtor" means a person to whom an extension of credit is made or a person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a person to whom an extension is made to repay the same.

(7) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.

(8) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit or nonprofit legal entity, and includes any union, association, or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.

(9) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding of the creditor and the debtor at the time the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.

(10) "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.

(11) "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or an agency of the United States.

(12) "Pattern of criminal profiteering activity" means engaging in at least three acts of criminal profiteering, one of which occurred after July 1, 1985, and the last of which occurred within five years, excluding any period of imprisonment, after the commission of the earliest act of criminal profiteering. In order to constitute a pattern, the three acts must have the same or similar intent, results, accomplices, principals, victims, or methods of commission, or be otherwise interrelated by distinguishing characteristics including a nexus to the same enterprise, and must not be isolated events. However, in any civil proceedings brought pursuant to RCW 9A.82.100 by any person other than the attorney general or county prosecuting attorney in which one or more acts of fraud in the purchase or sale of securities are asserted as acts of criminal profiteering activity, it is a condition to civil liability under RCW 9A.82.100 that the defendant has been convicted in a criminal proceeding of fraud in the purchase or sale of securities under RCW 21.20.400 or under the laws of another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act or acts asserted as acts of criminal profiteering activity in such civil action under RCW 9A.82.100.

(13) "Real property" means any real property or interest in real property, including but not limited to a land sale contract, lease, or mortgage of real property.

(14) "Records" means any book, paper, writing, record, computer program, or other material.

(15) "Repayment of an extension of credit" means the repayment, satisfaction, or discharge in whole or in part of a debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

(16) "Stolen property" means property that has been obtained by theft, robbery, or extortion.

(17) "To collect an extension of credit" means to induce in any way a person to make repayment thereof.

(18) "To extend credit" means to make or renew a loan or to enter into an agreement, tacit or express, whereby the repayment or satisfaction of a debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.

(19) "Traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen property, with intent to sell, transfer, distribute, dispense, or otherwise dispose of the property to another person.

(i) A person acting as a trustee under a trust established under Title 11 RCW in which the trustee holds legal or record title to real property;

(ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or

(iii) A successor trustee to a person who is a trustee under (a)(i) or (ii) of this subsection.

(21) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in full or in part because the debt was incurred or contracted:

(c) In connection with the business of lending money or a thing of value at a rate that is at least twice the permitted rate under the applicable state or federal law relating to usury.

Sec. 7. RCW 9.94A.515 and 2002 c 340 s 2, 2002 c 324 s 2, 2002 c 290 s 2, 2002 c 253 s 4, 2002 c 229 s 2, 2002 c 134 s 2, and 2002 c 133 s 4 are each reenacted and amended to read as follows:

	TABLE 2
	CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI	Aggravated Murder 1 (RCW 10.95.020)
XV	Homicide by abuse (RCW 9A.32.055)
	Malicious explosion 1 (RCW 70.74.280(1))
	Murder 1 (RCW 9A.32.030)
XIV	Murder 2 (RCW 9A.32.050)
XIII	Malicious explosion 2 (RCW 70.74.280(2))
	Malicious placement of an explosive 1 (RCW 70.74.270(1))
XII	Assault 1 (RCW 9A.36.011)
	Assault of a Child 1 (RCW 9A.36.120)
	Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
	Rape 1 (RCW 9A.44.040)
	Rape of a Child 1 (RCW 9A.44.073)
XI	Manslaughter 1 (RCW 9A.32.060)
	Rape 2 (RCW 9A.44.050)
	Rape of a Child 2 (RCW 9A.44.076)
X	Child Molestation 1 (RCW 9A.44.083)
	Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
	Kidnapping 1 (RCW 9A.40.020)
	Leading Organized Crime (RCW 9A.82.060(1)(a))
	Malicious explosion 3 (RCW 70.74.280(3))
	Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))
	Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
	Sexually Violent Predator Escape (RCW 9A.76.115)
IX	Assault of a Child 2 (RCW 9A.36.130)
	Controlled Substance Homicide (RCW 69.50.415)
	Explosive devices prohibited (RCW 70.74.180)
	Hit and Run--Death (RCW 46.52.020(4)(a))
	Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
	Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
	Malicious placement of an explosive 2 (RCW 70.74.270(2))
	Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
	Robbery 1 (RCW 9A.56.200)
	Sexual Exploitation (RCW 9.68A.040)
	Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII	Arson 1 (RCW 9A.48.020)
	Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
	Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
	Manslaughter 2 (RCW 9A.32.070)
	Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))
	Manufacture, deliver, or possess with intent to deliver heroin or cocaine (when the offender has a criminal history in this state or any other state that includes a sex offense or serious violent offense or the Washington equivalent) (RCW 69.50.401(a)(1)(i))
	Possession of Ephedrine or any of its Salts or Isomers or Salts of Isomers, Pseudoephedrine or any of its Salts or Isomers or Salts of Isomers, Pressurized Ammonia Gas, or Pressurized Ammonia Gas Solution with intent to manufacture methamphetamine (RCW 69.50.440)
	Promoting Prostitution 1 (RCW 9A.88.070)
	Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
	Theft of Ammonia (RCW 69.55.010)
	Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII	Burglary 1 (RCW 9A.52.020)
	Child Molestation 2 (RCW 9A.44.086)
	Civil Disorder Training (RCW 9A.48.120)
	Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
	Drive-by Shooting (RCW 9A.36.045)
	Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
	Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
	Introducing Contraband 1 (RCW 9A.76.140)
	Involving a minor in drug dealing (RCW 69.50.401(f))
	Malicious placement of an explosive 3 (RCW 70.74.270(3))
	Manufacture, deliver, or possess with intent to deliver heroin or cocaine (except when the offender has a criminal history in this state or any other state that includes a sex offense or serious violent offense or the Washington equivalent) (RCW 69.50.401(a)(1)(i))
	Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
	Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
	Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
	Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VI	Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
	Bribery (RCW 9A.68.010)
	Incest 1 (RCW 9A.64.020(1))
	Intimidating a Judge (RCW 9A.72.160)
	Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
	Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
	Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))
	Rape of a Child 3 (RCW 9A.44.079)
	Theft of a Firearm (RCW 9A.56.300)
	Unlawful Storage of Ammonia (RCW 69.55.020)
V	Abandonment of dependent person 1 (RCW 9A.42.060)
	Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
	Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
	Child Molestation 3 (RCW 9A.44.089)
	Criminal Mistreatment 1 (RCW 9A.42.020)
	Custodial Sexual Misconduct 1 (RCW 9A.44.160)
	Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
	Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
	Extortion 1 (RCW 9A.56.120)
	Extortionate Extension of Credit (RCW 9A.82.020)
	Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
	Incest 2 (RCW 9A.64.020(2))
	Kidnapping 2 (RCW 9A.40.030)
	Perjury 1 (RCW 9A.72.020)
	Persistent prison misbehavior (RCW 9.94.070)
	Possession of a Stolen Firearm (RCW 9A.56.310)
	Rape 3 (RCW 9A.44.060)
	Rendering Criminal Assistance 1 (RCW 9A.76.070)
	Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
	Sexually Violating Human Remains (RCW 9A.44.105)
	Stalking (RCW 9A.46.110)
	Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070(1))
IV	Arson 2 (RCW 9A.48.030)
	Assault 2 (RCW 9A.36.021)
	Assault by Watercraft (RCW 79A.60.060)
	Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
	Cheating 1 (RCW 9.46.1961)
	Commercial Bribery (RCW 9A.68.060)
	Counterfeiting (RCW 9.16.035(4))
	Endangerment with a Controlled Substance (RCW 9A.42.100)
	Escape 1 (RCW 9A.76.110)
	Hit and Run--Injury (RCW 46.52.020(4)(b))
	Hit and Run with Vessel--Injury Accident (RCW 79A.60.200(3))
	Identity Theft 1 (RCW 9.35.020(2)(a))
	Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
	Influencing Outcome of Sporting Event (RCW 9A.82.070)
	Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
	Malicious Harassment (RCW 9A.36.080)
	Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))
	Residential Burglary (RCW 9A.52.025)
	Robbery 2 (RCW 9A.56.210)
	Theft of Livestock 1 (RCW 9A.56.080)
	Threats to Bomb (RCW 9.61.160)
	Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
	Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
	Willful Failure to Return from Furlough (RCW 72.66.060)
III	Abandonment of dependent person 2 (RCW 9A.42.070)
	Assault 3 (RCW 9A.36.031)
	Assault of a Child 3 (RCW 9A.36.140)
	Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
	Burglary 2 (RCW 9A.52.030)
	Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
	Criminal Gang Intimidation (RCW 9A.46.120)
	Criminal Mistreatment 2 (RCW 9A.42.030)
	Custodial Assault (RCW 9A.36.100)
	Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
	Escape 2 (RCW 9A.76.120)
	Extortion 2 (RCW 9A.56.130)
	Harassment (RCW 9A.46.020)
	Intimidating a Public Servant (RCW 9A.76.180)
	Introducing Contraband 2 (RCW 9A.76.150)
	Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))
	Malicious Injury to Railroad Property (RCW 81.60.070)
	Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))
	Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
	Patronizing a Juvenile Prostitute (RCW 9.68A.100)
	Perjury 2 (RCW 9A.72.030)
	Possession of Incendiary Device (RCW 9.40.120)
	Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
	Promoting Prostitution 2 (RCW 9A.88.080)
	Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
	Securities Act violation (RCW 21.20.400)
	Tampering with a Witness (RCW 9A.72.120)
	Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)
	Theft of Livestock 2 (RCW 9A.56.080)
	Unlawful Imprisonment (RCW 9A.40.040)
	Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))
	Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
	Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
	Willful Failure to Return from Work Release (RCW 72.65.070)
II	Computer Trespass 1 (RCW 9A.52.110)
	Counterfeiting (RCW 9.16.035(3))
	Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
	Escape from Community Custody (RCW 72.09.310)
	Health Care False Claims (RCW 48.80.030)
	Identity Theft 2 (RCW 9.35.020(2)(b))
	Improperly Obtaining Financial Information (RCW 9.35.010)
	Malicious Mischief 1 (RCW 9A.48.070)
	Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))
	Possession of phencyclidine (PCP) (RCW 69.50.401(d))
	Possession of Stolen Property 1 (RCW 9A.56.150)
	Theft 1 (RCW 9A.56.030)
	Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))
	Trafficking in Insurance Claims (RCW 48.30A.015)
	Unlawful Practice of Law (RCW 2.48.180)
	Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
I	Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
	False Verification for Welfare (RCW 74.08.055)
	Forged Prescription (RCW 69.41.020)
	Forged Prescription for a Controlled Substance (RCW 69.50.403)
	Forgery (RCW 9A.60.020)
	Malicious Mischief 2 (RCW 9A.48.080)
	Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))
	Possession of Stolen Property 2 (RCW 9A.56.160)
	Reckless Burning 1 (RCW 9A.48.040)
	Taking Motor Vehicle Without Permission 2 (RCW 9A.56.070(2))
	Theft 2 (RCW 9A.56.040)
	Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))
	Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
	Unlawful Possession of Fictitious Identification (section 1 of this act)
	Unlawful Possession of Instruments of Financial Fraud (section 1 of this act)
	Unlawful Possession of Payment Instruments (section 1 of this act)
	Unlawful Possession of a Personal Identification Device (section 1 of this act)
	Unlawful Production of Payment Instruments (section 1 of this act)
	Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
	Vehicle Prowl 1 (RCW 9A.52.095)

Sec. 8. RCW 9.94A.515 and 2002 c 340 s 2, 2002 c 324 s 2, 2002 c 290 s 7, 2002 c 253 s 4, 2002 c 229 s 2, 2002 c 134 s 2, and 2002 c 133 s 4 are each reenacted and amended to read as follows:

	TABLE 2
	CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI	Aggravated Murder 1 (RCW 10.95.020)
XV	Homicide by abuse (RCW 9A.32.055)
	Malicious explosion 1 (RCW 70.74.280(1))
	Murder 1 (RCW 9A.32.030)
XIV	Murder 2 (RCW 9A.32.050)
XIII	Malicious explosion 2 (RCW 70.74.280(2))
	Malicious placement of an explosive 1 (RCW 70.74.270(1))
XII	Assault 1 (RCW 9A.36.011)
	Assault of a Child 1 (RCW 9A.36.120)
	Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
	Rape 1 (RCW 9A.44.040)
	Rape of a Child 1 (RCW 9A.44.073)
XI	Manslaughter 1 (RCW 9A.32.060)
	Rape 2 (RCW 9A.44.050)
	Rape of a Child 2 (RCW 9A.44.076)
X	Child Molestation 1 (RCW 9A.44.083)
	Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
	Kidnapping 1 (RCW 9A.40.020)
	Leading Organized Crime (RCW 9A.82.060(1)(a))
	Malicious explosion 3 (RCW 70.74.280(3))
	Sexually Violent Predator Escape (RCW 9A.76.115)
IX	Assault of a Child 2 (RCW 9A.36.130)
	Explosive devices prohibited (RCW 70.74.180)
	Hit and Run--Death (RCW 46.52.020(4)(a))
	Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
	Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
	Malicious placement of an explosive 2 (RCW 70.74.270(2))
	Robbery 1 (RCW 9A.56.200)
	Sexual Exploitation (RCW 9.68A.040)
	Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII	Arson 1 (RCW 9A.48.020)
	Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
	Manslaughter 2 (RCW 9A.32.070)
	Promoting Prostitution 1 (RCW 9A.88.070)
	Theft of Ammonia (RCW 69.55.010)
	Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII	Burglary 1 (RCW 9A.52.020)
	Child Molestation 2 (RCW 9A.44.086)
	Civil Disorder Training (RCW 9A.48.120)
	Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
	Drive-by Shooting (RCW 9A.36.045)
	Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
	Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
	Introducing Contraband 1 (RCW 9A.76.140)
	Malicious placement of an explosive 3 (RCW 70.74.270(3))
	Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
	Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
	Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
	Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VI	Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
	Bribery (RCW 9A.68.010)
	Incest 1 (RCW 9A.64.020(1))
	Intimidating a Judge (RCW 9A.72.160)
	Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
	Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
	Rape of a Child 3 (RCW 9A.44.079)
	Theft of a Firearm (RCW 9A.56.300)
	Unlawful Storage of Ammonia (RCW 69.55.020)
V	Abandonment of dependent person 1 (RCW 9A.42.060)
	Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
	Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
	Child Molestation 3 (RCW 9A.44.089)
	Criminal Mistreatment 1 (RCW 9A.42.020)
	Custodial Sexual Misconduct 1 (RCW 9A.44.160)
	Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
	Extortion 1 (RCW 9A.56.120)
	Extortionate Extension of Credit (RCW 9A.82.020)
	Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
	Incest 2 (RCW 9A.64.020(2))
	Kidnapping 2 (RCW 9A.40.030)
	Perjury 1 (RCW 9A.72.020)
	Persistent prison misbehavior (RCW 9.94.070)
	Possession of a Stolen Firearm (RCW 9A.56.310)
	Rape 3 (RCW 9A.44.060)
	Rendering Criminal Assistance 1 (RCW 9A.76.070)
	Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
	Sexually Violating Human Remains (RCW 9A.44.105)
	Stalking (RCW 9A.46.110)
	Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070(1))
IV	Arson 2 (RCW 9A.48.030)
	Assault 2 (RCW 9A.36.021)
	Assault by Watercraft (RCW 79A.60.060)
	Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
	Cheating 1 (RCW 9.46.1961)
	Commercial Bribery (RCW 9A.68.060)
	Counterfeiting (RCW 9.16.035(4))
	Endangerment with a Controlled Substance (RCW 9A.42.100)
	Escape 1 (RCW 9A.76.110)
	Hit and Run--Injury (RCW 46.52.020(4)(b))
	Hit and Run with Vessel--Injury Accident (RCW 79A.60.200(3))
	Identity Theft 1 (RCW 9.35.020(2)(a))
	Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
	Influencing Outcome of Sporting Event (RCW 9A.82.070)
	Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
	Malicious Harassment (RCW 9A.36.080)
	Residential Burglary (RCW 9A.52.025)
	Robbery 2 (RCW 9A.56.210)
	Theft of Livestock 1 (RCW 9A.56.080)
	Threats to Bomb (RCW 9.61.160)
	Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
	Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
	Willful Failure to Return from Furlough (RCW 72.66.060)
III	Abandonment of dependent person 2 (RCW 9A.42.070)
	Assault 3 (RCW 9A.36.031)
	Assault of a Child 3 (RCW 9A.36.140)
	Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
	Burglary 2 (RCW 9A.52.030)
	Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
	Criminal Gang Intimidation (RCW 9A.46.120)
	Criminal Mistreatment 2 (RCW 9A.42.030)
	Custodial Assault (RCW 9A.36.100)
	Escape 2 (RCW 9A.76.120)
	Extortion 2 (RCW 9A.56.130)
	Harassment (RCW 9A.46.020)
	Intimidating a Public Servant (RCW 9A.76.180)
	Introducing Contraband 2 (RCW 9A.76.150)
	Malicious Injury to Railroad Property (RCW 81.60.070)
	Patronizing a Juvenile Prostitute (RCW 9.68A.100)
	Perjury 2 (RCW 9A.72.030)
	Possession of Incendiary Device (RCW 9.40.120)
	Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
	Promoting Prostitution 2 (RCW 9A.88.080)
	Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
	Securities Act violation (RCW 21.20.400)
	Tampering with a Witness (RCW 9A.72.120)
	Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)
	Theft of Livestock 2 (RCW 9A.56.080)
	Unlawful Imprisonment (RCW 9A.40.040)
	Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))
	Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
	Willful Failure to Return from Work Release (RCW 72.65.070)
II	Computer Trespass 1 (RCW 9A.52.110)
	Counterfeiting (RCW 9.16.035(3))
	Escape from Community Custody (RCW 72.09.310)
	Health Care False Claims (RCW 48.80.030)
	Identity Theft 2 (RCW 9.35.020(2)(b))
	Improperly Obtaining Financial Information (RCW 9.35.010)
	Malicious Mischief 1 (RCW 9A.48.070)
	Possession of Stolen Property 1 (RCW 9A.56.150)
	Theft 1 (RCW 9A.56.030)
	Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))
	Trafficking in Insurance Claims (RCW 48.30A.015)
	Unlawful Practice of Law (RCW 2.48.180)
	Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
I	Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
	False Verification for Welfare (RCW 74.08.055)
	Forgery (RCW 9A.60.020)
	Malicious Mischief 2 (RCW 9A.48.080)
	Possession of Stolen Property 2 (RCW 9A.56.160)
	Reckless Burning 1 (RCW 9A.48.040)
	Taking Motor Vehicle Without Permission 2 (RCW 9A.56.070(2))
	Theft 2 (RCW 9A.56.040)
	Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))
	Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
	Unlawful Possession of Fictitious Identification (section 1 of this act)
	Unlawful Possession of Instruments of Financial Fraud (section 1 of this act)
	Unlawful Possession of Payment Instruments (section 1 of this act)
	Unlawful Possession of a Personal Identification Device (section 1 of this act)
	Unlawful Production of Payment Instruments (section 1 of this act)
	Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
	Vehicle Prowl 1 (RCW 9A.52.095)

Representatives Schual-Berke and Benson spoke in favor of the adoption of the amendment.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1844.

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1844 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1844, having received the necessary constitutional majority, was declared passed.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1878.

The Clerk called the roll on the final passage of House Bill No. 1878 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

HOUSE BILL NO. 1878, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1095, By Representatives Rockefeller, Sump, Linville, Orcutt, Schoesler, Pearson, Holmquist, Haigh and Kristiansen; by request of Commissioner of Public Lands

Limiting the impact on small forest landowners caused by forest road maintenance and abandonment requirements.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1095 was substituted for House Bill No. 1095 and the second substitute bill was placed on the second reading calendar.

On page 2, beginning on line 32, after "without" strike "a significant portion of that cost being shared by the public" and insert "that cost being paid for by the public"

On page 2, beginning on line 35, after "therefore," strike "no small forest landowner should be required to repair a fish barrier" and insert "no fish barrier occurring on land owned by a small forest landowner should be required to be repaired"

On page 11, beginning on line 13, after "(4)" strike all material through "section." on line 30 and insert "In implementing the program established in this section, the small forest landowner office shall provide one hundred percent funding for the removal of any fish barrier or the replacement of any culvert."

On page 11, beginning on line 31, after "landowner" strike all material through "In-kind services" on line 35 and insert "voluntarily chooses to contribute to the project occurring on his or her land, the landowner may provide direct monetary contributions or services to the project. Services"

On page 11, beginning on line 36, after "services" strike all material through "culvert" on line 38

Representatives Kristiansen and Orcutt spoke in favor of the adoption of the amendment.

"In no case shall a small forest landowner be required to pay a cumulative total of more than two times the maximum amount that could be required under subsection (b)(ii) of this section: (i) For any individual block of forest land; or (ii) across multiple blocks of forest land owned by the same small forest landowner in any one calendar year. Consistent with this section, the small forest landowner office must prioritize, fund, and complete all projects on land owned by small forest landowners whether or not the landowner has paid the maximum amount required under this subsection.

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

Representatives Rockefeller, Sump, Linville, Buck, Orcutt and Grant spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 1095.

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1095 and the bill passed the House by the following vote: Yeas - 78, Nays - 20, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Armstrong, Berkey, Blake, Boldt, Buck, Cairnes, Carrell, Chase, Clibborn, Cody, Condotta, Conway, Cooper, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Shabro, Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 78.

Voting nay: Representatives Ahern, Anderson, Bailey, Benson, Bush, Campbell, Chandler, Clements, Cox, Delvin, Hatfield, Hinkle, Holmquist, Kessler, Mastin, Newhouse, Pflug, Roach, Sehlin, and Skinner - 20.

SECOND SUBSTITUTE HOUSE BILL NO. 1095, having received the necessary constitutional majority, was declared passed.

The bill was read the second time. There being no objection, Substitute House Bill No. 1737 was substituted for House Bill No. 1737 and the substitute bill was placed on the second reading calendar.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1737.

The Clerk called the roll on the final passage of Substitute House Bill No. 1737 and the bill passed the House by the following vote: Yeas - 95, Nays - 3, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

SUBSTITUTE HOUSE BILL NO. 1737, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1869, By Representatives McIntire, Gombosky, Morris, Conway, Santos, Haigh, Kagi, Hunt, Linville, Dunshee, Chase, Simpson, Moeller, Lovick, Cody, Murray, Upthegrove, Veloria and Wood

The bill was read the second time. There being no objection, Substitute House Bill No. 1869 was substituted for House Bill No. 1869 and the substitute bill was placed on the second reading calendar.

(b) One member is the chair of the joint legislative audit and review committee, who is a nonvoting member;

(c) The chair of each of the two largest caucuses of the senate and the two largest caucuses of the house of representatives shall each appoint a member. None of these appointees may be members of the legislature; and

(3) Persons appointed by the caucus chairs should be individuals who represent a balance of perspectives and constituencies, and have a basic understanding of state tax policy, government operations, and public services. These appointees should have knowledge and expertise in performance management, fiscal analysis, strategic planning, economic development, performance assessments, or closely related fields."

On page 3, line 6, after "initial" strike everything through "term" on line 8 and insert "terms, the members appointed by the chairs of senate caucuses shall serve four-year terms, the members appointed by chairs of house of representatives caucuses shall serve three-year terms, and the member appointed by the governor shall serve a two-year term"

Representatives Priest, Armstrong and Woods spoke in favor of the adoption of the amendment.

The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (237) to Substitute House Bill No. 1869.

The Clerk called the roll on the adoption of amendment (237) to Substitute House Bill No. 1869, and the amendment was adopted by the following vote: Yeas - 51, Nays - 47, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Eickmeyer, Ericksen, Flannigan, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Miloscia, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Skinner, Sump, Talcott, Tom, Upthegrove and Woods - 51.

Voting nay: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Simpson, Sommers, Sullivan, Veloria, Wallace, Wood and Mr. Speaker - 47.

(h) Consideration of similar tax preferences adopted in other states, and potential public policy benefits that might be gained by incorporating corresponding provisions in Washington"

On page 1, line 7, beginning with "However," strike the remainder of the bill and insert the following: "The legislature further recognizes that these preferences are a tool to recruit new job-providing businesses to our state and to retain current Washington state employers. Given the fact that some bordering states and many other states across the country offer a more business-friendly environment, the legislature finds that it would be in our best interest to have periodic performance audits of tax incentives offered by other states and to determine if similar incentives could be enacted in Washington in order to make us more competitive.

NEW SECTION. Sec. 2 As used in this chapter, "tax preference" means an exemption, exclusion, or deduction from the base of a state tax; a credit against a state tax; a deferral of a state tax; or a preferential state tax rate; which is used as an incentive to attract and retain businesses and jobs.

NEW SECTION. Sec. 3. (1) The citizen commission for performance measurement of tax preferences is created.

(2) The commission has thirteen voting members, appointed by the governor as follows:

(3) The commission has five nonvoting members, one appointed by the governor, and one appointed by each chair of the two largest caucuses of the senate and the two largest caucuses of the house of representatives.

(4)(a) Appointees representing small business must be filled from lists of nominees submitted by statewide business organizations representing a cross-section of industries.

(b) Appointees representing the other industries must be filled from lists of nominees submitted by statewide organizations representing the specified industry.

(c) The appointee representing labor must be filled from lists of nominees submitted by statewide labor organizations representing a cross-section of industries.

(5) The commission shall elect a chair from among its voting or nonvoting members. Decisions of the commission must be made using the sufficient consensus model. For the purposes of this subsection, "sufficient consensus" means the point at which the vast majority of the commission favors taking a particular action. If the commission determines that sufficient consensus cannot be reached, a vote must be taken. The commission must allow a minority report to be included with a decision of the commission, if requested by a member of the commission.

(6) Members serve for terms of four years, with the terms expiring on June 30th on the fourth year of the term. However, in the case of the initial members, four members shall serve four-year terms, four members shall serve three-year terms, and five members shall serve a two-year term, with each of the terms expiring on June 30th of the applicable year. Appointees may be reappointed to serve more than one term.

(7) The joint legislative audit and review committee shall provide clerical, technical, and management personnel to the commission to serve as the commission's staff. The department of revenue shall provide necessary support and information to the joint legislative audit and review committee.

(8) The commission shall meet at least once a quarter and may hold additional meetings at the call of the chair or by a majority vote of the members of the commission. The members of the commission shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 4. (1) The citizen commission for performance measurement of tax preferences shall develop a schedule to accomplish an orderly review of tax preferences. The commission shall schedule the review of other states' tax preferences in the order that they deem most appropriate, taking into consideration the business climates of those states. The commission shall analyze the different tax preferences and determine: (1) If the tax preference could be applied in Washington; (2) if the preference would help attract businesses to our state; and (3) if the preference would create jobs in Washington, directly or indirectly. For each tax preference that is considered, the committee shall provide a recommendation as to whether the tax preference should be implemented in Washington.

(2) The commission shall prepare a report that includes the comments of the commission and submit a final report to the finance committee of the house of representatives and the ways and means committee of the senate by November 30, 2003 and every year thereafter.

(3) Following receipt of a report under this section, the finance committee of the house of representatives and the ways and means committee of the senate shall jointly hold a public hearing to consider the final report and any related data.

NEW SECTION. Sec. 5. Upon request of the citizen commission for performance measurement of tax preferences or the joint legislative audit and review committee, the department of revenue and the department of employment security shall provide information needed by the commission or committee to meet its responsibilities under this chapter."

The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (143) to Substitute House Bill No. 1869.

The Clerk called the roll on the adoption of amendment (143) to Substitute House Bill No. 1869, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 52, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Hunt, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 46.

Voting nay: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 52.

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

Representatives McIntire, Rockefeller, Eickmeyer, Morris, Wallace, Conway, Fromhold, Kessler, Campbell and Morris (again) spoke in favor of passage of the bill.

Representative Cairnes, Orcutt, Ahern, Carrell, Ericksen, Roach, Armstrong, Benson, Delvin, Orcutt (again), Cairnes (again) and Newhouse spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1869.

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1869 and the bill passed the House by the following vote: Yeas - 59, Nays - 38, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Berkey, Blake, Bush, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 59.

Voting nay: Representatives Ahern, Alexander, Armstrong, Bailey, Benson, Boldt, Buck, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Pflug, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott and Woods - 38.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1869, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1642, By Representatives Morrell, Pflug, Cody, Benson, Schual-Berke, Alexander, Clibborn, Edwards, Moeller and Kenney

The bill was read the second time. There being no objection, Substitute House Bill No. 1642 was substituted for House Bill No. 1642 and the substitute bill was placed on the second reading calendar.

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

Representatives Morrell, Pflug and Carrell spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1642.

The Clerk called the roll on the final passage of Substitute House Bill No. 1642 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

SUBSTITUTE HOUSE BILL NO. 1642, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1926, By Representatives Lantz, Clibborn, Moeller, Schual-Berke, Cody, Morrell, Rockefeller, Kirby, Lovick, Kenney, Linville, Veloria, Conway, Simpson, Sommers and Haigh

"NEW SECTION. Sec. 1. A new section is added to chapter 7.70 RCW to read as follows:

In any action under this chapter, each side shall presumptively be entitled to only one independent expert on an issue and only one standard-of-care expert, except upon a showing of good cause. Where there are multiple parties on a side and the parties cannot agree as to which independent expert or standard-of-care expert will be called on an issue, the court, upon a showing of good cause, shall allow more than one independent expert on an issue or standard-of-care expert to be called."

Representatives Carrell and Lantz spoke in favor of the adoption of the amendment.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1926.

The Clerk called the roll on the final passage of Engrossed House Bill No. 1926 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

ENGROSSED HOUSE BILL NO. 1926, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1927, By Representatives Lantz, Schual-Berke, Clibborn, Campbell, Moeller, Cody, Morrell, Rockefeller, Kirby, Lovick, Kenney, Linville, Veloria, Conway, Simpson, Sommers and Haigh

(1) No action based upon a health care provider's professional negligence may be commenced unless the defendant has been given at least ninety days' notice of the intention to commence the action. If the notice is served within ninety days of the expiration of the applicable statute of limitations, the time for the commencement of the action must be extended ninety days from the service of the notice.

(2) The provisions of subsection (1) of this section are not applicable with respect to any defendant whose name is unknown to the plaintiff at the time of filing the complaint and who is identified therein by a fictitious name.

(3) After the filing of the ninety-day presuit notice, and before a superior court trial, all causes of action, whether based in tort, contract, or otherwise, for damages arising from injury occurring as a result of health care provided after July 1, 1993, shall be subject to mandatory mediation prior to trial.

(((2))) (4) The supreme court shall by rule adopt procedures to implement mandatory mediation of actions under this chapter. The rules shall require mandatory mediation without exception and address, at a minimum:

(a) Procedures for the appointment of, and qualifications of, mediators. A mediator shall have experience or expertise related to actions arising from injury occurring as a result of health care, and be a member of the state bar association who has been admitted to the bar for a minimum of five years or who is a retired judge. The parties may stipulate to a nonlawyer mediator. The court may prescribe additional qualifications of mediators;

(d) The method by which a mediator is selected. The rule shall provide for designation of a mediator by the superior court if the parties are unable to agree upon a mediator;

(e) The number of days following the selection of a mediator within which a mediation conference must be held;

(f) A means by which mediation of an action under this chapter may be waived by a mediator who has determined that the claim is not appropriate for mediation; and

(6) The supreme court shall by rule also adopt procedures for the parties to certify to the court the manner of mediation used by the parties to comply with this section."

Representatives Carrell and Lantz spoke in favor of the adoption of the amendment.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1927.

The Clerk called the roll on the final passage of Engrossed House Bill No. 1927 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

ENGROSSED HOUSE BILL NO. 1927, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1929, By Representatives Lantz, Carrell, Cody, McMahan, Schual-Berke, Clibborn, Kessler, Newhouse, Campbell, Moeller, Morrell, Rockefeller, Kirby, Lovick, Kenney, Linville, Veloria, Conway, Simpson, Sommers and Haigh

(1) Any civil action for damages for injury or death occurring as a result of health care which is provided after June 25, 1976, against:

(((1))) (a) A person licensed by this state to provide health care or related services, including, but not limited to, a physician, osteopathic physician, dentist, nurse, optometrist, podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, osteopathic physician's assistant, nurse practitioner, or physician's trained mobile intensive care paramedic, including, in the event such person is deceased, his estate or personal representative;

(((2))) (b) An employee or agent of a person described in (a) of this subsection (((1) of this section)), acting in the course and scope of his or her employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or

(((3))) (c) An entity, whether or not incorporated, facility, or institution employing one or more persons described in (a) of this subsection (((1) of this section)), including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his or her employment, including, in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative;

based upon alleged professional negligence shall be commenced within three years of the act or omission alleged to have caused the injury or condition, or one year of the time the patient or his or her representative or custodial parent or guardian discovered or reasonably should have discovered that the injury or condition was caused by said act or omission, whichever period ((expires later, except that in no event shall an action be commenced more than eight years after said act or omission: PROVIDED, That the time for commencement of an action is tolled upon proof of fraud, intentional concealment, or the presence of a foreign body not intended to have a therapeutic or diagnostic purpose or effect, until the date the patient or the patient's representative has actual knowledge of the act of fraud or concealment, or of the presence of the foreign body; the patient or the patient's representative has one year from the date of the actual knowledge in which to commence a civil action for damages.

For purposes of this section, notwithstanding RCW 4.16.190, the knowledge of a custodial parent or guardian shall be imputed to a person under the age of eighteen years, and such imputed knowledge shall operate to bar the claim of such minor to the same extent that the claim of an adult would be barred under this section. Any action not commenced in accordance with this section shall be barred.

For purposes of this section, with respect to care provided after June 25, 1976, and before August 1, 1986, the knowledge of a custodial parent or guardian shall be imputed as of April 29, 1987, to persons under the age of eighteen years)) occurs first.

(2) In no event may an action be commenced more than three years after the act or omission alleged to have caused the injury or condition except:

(a) Upon proof of fraud, intentional concealment, or the presence of a foreign body not intended to have a therapeutic or diagnostic purpose or effect, in which case the patient or the patient's representative has one year from the date the patient or the patient's representative or custodial parent or guardian has actual knowledge of the act of fraud or concealment or of the presence of the foreign body in which to commence a civil action for damages.

(b) In the case of a minor, for any period during minority, but only for such period during minority in which the minor's custodial parent or guardian and the defendant or the defendant's insurer have committed fraud or collusion in the failure to bring an action on behalf of the minor.

(c) In the case of a minor under the full age of six years, in which case the action on behalf of the minor must be commenced within three years or prior to the minor's eighth birthday, whichever provides a longer period.

(4) For purposes of this section, the tolling provisions of RCW 4.16.190 do not apply.

(5) This section does not apply to a civil action based on intentional conduct brought against those individuals or entities specified in this section by a person for recovery of damages for injury occurring as a result of childhood sexual abuse as defined in RCW 4.16.340(5)."

Representative Hunt requested a scope and object ruling on amendment (232) to House Bill No. 1929.

The Speaker (Representative Lovick presiding): "The Speaker has reviewed your request for a ruling on scope and object of amendment (232). The Speaker finds that House Bill No. 1929 is entitled An Act Relating to "the eight-year statute of repose in RCW 4.16.350."

The purpose of the bill is clearly stated in section 1 -- "The purpose of this act is to respond to the court's decision in DeYoung v. Providence Medical Center, 136 Wn 2d 136 (1998), by expressly stating the legislature's rationale for the eight-year statute of repose in RCW 4.16.350."

Amendment (232) strikes the entire bill and replaces it with a 3-year statute of repose, changes the statute of limitations, eliminates tolling for minors, and creates new periods of limitation and repose for minors under 6.

Both the title of the bill and its expressly stated purpose are very narrow. The scope and object of the bill is to reinstate the 8-year statute of repose and to state the rationale for the reinstatement.

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

Representatives Lantz, Rockefeller and Schual-Berke spoke in favor of passage of the bill.

Representatives Carrell, Pflug, Newhouse and McMahan spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1929.

The Clerk called the roll on the final passage of House Bill No. 1929 and the bill passed the House by the following vote: Yeas - 56, Nays - 41, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Benson, Berkey, Blake, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 56.

Voting nay: Representatives Alexander, Anderson, Armstrong, Bailey, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 41.

HOUSE BILL NO. 1929, having received the necessary constitutional majority, was declared passed.

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1063, and the same is herewith transmitted.

There being no objection, the Rules Committee was relieved of further consideration the following bills and they were placed on Second Reading:

HOUSE BILL NO. 1568, By Representatives Darneille, Pflug, Cody, Campbell, Schual-Berke, Alexander and Skinner

"NEW SECTION. Sec. 1. A new section is added to chapter 51.28 RCW to read as follows:

Physician assistants practicing with physician supervision as required by chapters 18.57A and 18.71A RCW may execute the certificate required by RCW 51.28.020(1) for reports of non-compensable industrial injuries, but not reports of any occupational diseases. Physician assistants may not execute time loss cards related to any industrial injuries or any occupational diseases.

NEW SECTION. Sec. 2. By December 1, 2005, the department of labor and industries shall report to the senate committee on commerce and trade and the house committee on commerce and labor, or successor committees, on the implementation of this act, including but not limited to the effects of this act on injured worker outcomes, claim costs, and disputed claims.

NEW SECTION. Sec. 3. Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2003.

Representatives Darneille and Chandler spoke in favor of the adoption of the amendment.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1568.

The Clerk called the roll on the final passage of Engrossed House Bill No. 1568 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

ENGROSSED HOUSE BILL NO. 1568, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1691, By Representatives Grant, Conway, Campbell, Wood, Kenney, Morrell, Crouse, Rockefeller, Holmquist, McCoy and Pflug

Authorizing advanced registered nurse practitioners to examine, diagnose, and treat injured workers covered by industrial insurance.

With the consent of the House, amendments (122), (121), (119) and (294) were withdrawn.

"NEW SECTION. Sec. 17. By December 1, 2005, the department of labor and industries shall report to the senate committee on commerce and trade and the house committee on commerce and labor, or successor committees, on the implementation of this act, including but not limited to the effects of this act on injured worker outcomes, claim costs, and disputed claims.

NEW SECTION. Sec. 18. Sections 1 through 17 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2003.

Representatives Chandler and Grant spoke in favor of the adoption of the amendment.

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

Representatives Grant, Chandler and Mastin spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1691.

The Clerk called the roll on the final passage of Engrossed House Bill No. 1691 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

ENGROSSED HOUSE BILL NO. 1691, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1009, By Representatives Dickerson, Delvin, Skinner, Kagi, Chase, Wood, Sommers, Miloscia, Conway, Cody, O'Brien, Kenney, Schual-Berke, McDermott and Lovick

The bill was read the second time. There being no objection, Substitute House Bill No. 1009 was substituted for House Bill No. 1009 and the substitute bill was placed on the second reading calendar.

On page 2, line 4, strike "is guilty of a misdemeanor, punishable under chapter 9.92 RCW" and insert "has committed a class 1 civil infraction as provided in RCW 7.80.120"

(1) A person found to have committed a civil infraction shall be assessed a monetary penalty.

(a) The maximum penalty and the default amount for a class 1 civil infraction shall be two hundred fifty dollars, not including statutory assessments, except for an infraction of state law involving tobacco products as specified in RCW 70.93.060(4) and an infraction of state law involving violent video or computer games under section 2 of this act, in which case the maximum penalty and default amount is five hundred dollars;

(b) The maximum penalty and the default amount for a class 2 civil infraction shall be one hundred twenty-five dollars, not including statutory assessments;

(c) The maximum penalty and the default amount for a class 3 civil infraction shall be fifty dollars, not including statutory assessments; and

(d) The maximum penalty and the default amount for a class 4 civil infraction shall be twenty-five dollars, not including statutory assessments.

(2) The supreme court shall prescribe by rule the conditions under which local courts may exercise discretion in assessing fines for civil infractions.

(3) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay.

(4) The court may also order a person found to have committed a civil infraction to make restitution."

Representatives Dickerson and Delvin spoke in favor of the adoption of the amendment.

On page 2, at the beginning of line 4, strike "violent video or computer game" and insert "video or computer game they know to be a violent video or computer game"

"NEW SECTION. Sec. 1. The legislature finds that the entertainment software industry's computer and video game rating and content descriptor system reflect that some computer and video games are suitable only for adults due to graphic depictions of sex, violence, and/or language. Federal government reports indicate that parents are involved in over eighty percent of the purchase decisions for video games. The legislature encourages parents to utilize the rating system, and also encourages the entertainment software industry to develop strategies aimed at educating retailers regarding the sale of computer and video games with content intended for consumers who are eighteen or older only to age-appropriate consumers.

NEW SECTION. Sec. 2. (1) The superintendent of public instruction shall convene a working group to design an education effort to be directed at parents and retailers of video and computer games within the state of Washington regarding the entertainment software rating board (ESRB) rating system in order to prevent the sale or rental of "M" rated games to persons under the age of seventeen.

(2) The superintendent of public instruction or the superintendent's designee shall chair the working group and the superintendent shall request representatives from the following groups to participate in the working group: Companies that design or develop video or computer games; retailers who sell video or computer games; video and computer game industry associations; and any other directly interested parties. Two members of the senate, one appointed by the majority leader and one appointed by the minority leader and two members of the house of representatives, one appointed by the speaker of the house of representatives and one appointed by the minority leader shall be members of the working group.

(a) Work with the computer and video game industry and local and state governments to assess what successful strategies have been implemented to prevent the sale or rental of "M" rated games to persons under the age of seventeen;

(b) Determine and assess strategies that have been effective in educating retailers who sell video or computer games about the ESRB rating system; and

(4) The working group shall develop recommendations for an education effort to be directed at parents and retailers of video and computer games within the state of Washington aimed at preventing the sale or rental of "M" rated games to persons under the age of seventeen. The working group shall deliver its recommendations in a report to the relevant committees of the legislature by December 1, 2003."

Representatives DeBolt, Benson, Hinkle, Morris and Armstrong spoke in favor of the adoption of the amendment.

Representatives Dickerson, McIntire, Kagi, Delvin and Pettigrew spoke against the adoption of the amendment.

Division was demanded and the demand was sustained. The Speaker (Representative Lovick presiding) divided the House. The result of the division was 43 - YEAS; 54 -NAYS.

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

Representatives Dickerson, Hinkle, Sommers, Morris, McMahan, McDermott and Clements spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1009.

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1009 and the bill passed the House by the following vote: Yeas - 81, Nays - 16, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Anderson, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chase, Clements, Clibborn, Cody, Conway, Cooper, Cox, Crouse, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Fromhold, Gombosky, Grant, Haigh, Hankins, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Murray, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Veloria, Wallace, Wood, Woods and Mr. Speaker - 81.

Voting nay: Representatives Alexander, Armstrong, Bailey, Chandler, Condotta, Darneille, DeBolt, Flannigan, Hatfield, Jarrett, Kirby, Morris, Newhouse, Nixon, Sehlin and Upthegrove - 16.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1009, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1904, By Representatives O'Brien, Boldt, Kagi, Roach and Miloscia

The bill was read the second time. There being no objection, Substitute House Bill No. 1904 was substituted for House Bill No. 1904 and the substitute bill was placed on the second reading calendar.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1904.

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1904 and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1904, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1317, By Representatives Linville, Kirby, Grant, Quall, Shabro, Jarrett, Rockefeller, Hunt, Delvin, Morris and Conway; by request of Governor Locke

Clarifying and consolidating procedures for trust water rights and authorizing creation of water banks.

The bill was read the second time. There being no objection, Substitute House Bill No. 1317 was substituted for House Bill No. 1317 and the substitute bill was placed on the second reading calendar.

"NEW SECTION. Sec. 1. The legislature finds that the trust water rights program is an important tool in meeting the state's current and future needs for water, both instream and out-of-stream. However, the legislature finds that the existing procedures for establishing trust water rights are unnecessarily complex, and are difficult to explain and administer. Further, the legislature finds that groups currently developing local watershed plans and regional water management programs are seeking an effective means to facilitate multiple, voluntary transfers of existing water rights to address presently unmet needs and future needs.

It is the intent of this act to enhance the effectiveness of the trust water rights program by improving existing incentives, removing disincentives, and clarifying and consolidating procedures for establishing trust water rights.

(1) It is the policy of the state of Washington to recognize and preserve water rights in accordance with RCW 90.03.010 and the beneficial uses of water described in RCW 90.54.020(1).

(a) The state of Washington is faced with a shortage of water with which to meet existing and future needs, particularly during the summer and fall months and in dry years when the demand is greatest;

(b) Consistent with RCW 90.54.180, conservation and water use efficiency programs, ((including)) storage, and water right transfers should be the preferred methods ((of addressing water uses because they can relieve)) to address current critical water situations, provide for presently unmet needs, and assist in meeting future water needs. Presently unmet needs or current needs includes the water required to increase the frequency of occurrence of base or minimum flow levels in streams of the state, the water necessary to satisfy existing water rights, or the water necessary to provide full supplies to existing water systems with current supply deficiencies, or as otherwise needed to meet the needs of growing communities for adequate and reliable water supplies, and to provide the water necessary to satisfy existing water rights for other beneficial uses listed in RCW 90.54.020(1); ((and))

(c) The interests of the state will be served by developing programs and regional water resource plans, in cooperation with local governments, federally recognized tribal governments, appropriate federal agencies, private citizens, and the various water users and water interests in the state, that increase the overall ability to manage the state's waters in order to resolve conflicts and to better satisfy both present and future needs for water, both instream and out-of-stream; and

(d) A state trust water rights program is an effective means to facilitate the voluntary transfer of water and water rights, established through conservation, purchase, lease, or donation, to secure and preserve water rights and provide water for presently unmet needs and emerging needs.

The legislature ((finds that)) recognizes a need ((exists)) to ((develop and test)) provide a means to facilitate the voluntary transfer of water and water rights, including conserved water, to provide water for presently unmet needs and emerging needs. ((Further,)) The legislature also finds that water conservation activities have the potential of affecting the quantity of return flow waters to which existing water right holders have a right to and upon which they rely ((upon)). ((It is the intent of)) The legislature intends that persons holding rights to water, including return flows, not be adversely affected in the implementation of the provisions of this chapter.

((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(2) "Impairment" means detriment or injury to existing rights as that phrase is used in RCW 90.03.380(1).

(3) "Net water savings" means the amount of water that is determined to be conserved and usable within or from a specified ((stream reach or reaches)) surface or ground water body for other purposes without impairment ((or detriment)) to water rights existing at the time that a water conservation project is ((undertaken, reducing the ability to deliver water, or reducing the supply of water that otherwise would have been available to other existing water uses)) funded.

(((3))) (4) "Trust water right" means any existing water right ((acquired)) transferred to or managed by the state under this chapter ((for management in)) and the state's trust water rights program.

(((4) "Pilot planning areas" means the geographic areas designated under RCW 90.54.045(2).))

(5) "Water conservation project" means any project or program for which the state provides state or federal government assistance that achieves physical or operational improvements that provide for increased water use efficiency in existing systems of diversion, conveyance, application, or use of water under water rights ((existing on July 28, 1991)).

(1) For the purposes ((of)) specified in this chapter, the state may enter into contracts to provide moneys to assist in the financing of water conservation projects. In consideration for the financial assistance provided, the state shall obtain public benefits ((defined in guidelines developed under RCW 90.42.050)) in the form of temporary or permanent water rights.

(2) If the public benefits to be obtained require conveyance or modification of a water right, the recipient of funds shall convey to the state the recipient's interest in that part of the water right ((or claim)) constituting all or a portion of the resulting net water savings ((for deposit in the trust water rights program. The amount to be conveyed shall be finitely determined by the parties, in accordance with the guidelines developed under RCW 90.42.050, before the expenditure of state funds)) according to section 8 of this act. Conveyance may consist of complete transfer, lease contracts, or other legally binding agreements. When negotiating for the acquisition of conserved water or net water savings, or a portion thereof, the state may require evidence of a valid water right.

(3) ((As part of the contract,)) If requested by the water right holder ((and)), the state shall specify ((the process to determine)) as part of the contract the amount of water the water right holder would continue to be entitled to once the water conservation project is in place.

(4) ((The state shall cooperate fully with the United States in the implementation of this chapter. Trust water rights may be acquired through expenditure of funds provided by the United States and shall be treated in the same manner as trust water rights resulting from the expenditure of state funds.

(5) If water is proposed to be acquired by or conveyed to the state as a trust water right by an irrigation district, evidence of the district's authority to represent the water right holders shall be submitted to and for the satisfaction of the department.

(6) The state shall not contract with any person to acquire a water right served by an irrigation district without the approval of the board of directors of the irrigation district. Disapproval by a board shall be factually based on probable adverse effects on the ability of the district to deliver water to other members or on maintenance of the financial integrity of the district.)) When the department provides funding for a water conservation project as a means of establishing a trust water right, a trust water right must be established for the period of time during which the conservation project will result in establishment of a trust water right. For example, a conservation project with a functional life of fifteen years would result in a trust transfer of fifteen years. Before the expenditure of state funds for a water conservation project, the state and the water right holder shall agree on the terms and duration of the trust water transfer as a result of a conservation project.

NEW SECTION. Sec. 6. A new section is added to chapter 90.42 RCW to read as follows:

(1) All trust water established by the state must be placed in the state trust water rights program to be held in trust by the department. Trust water rights established by the state must be held or authorized for use by the department for any beneficial use described in RCW 90.54.020(1). Trust water rights may also be established for the protection of water rights secured for mitigation purposes and for preservation of water rights for future needs.

(2) Trust water rights may only be established from existing water rights, including rights to divert or withdraw water under existing certificates, claims, and permits, and rights to storage and use of stored water from existing reservoir and secondary use rights, or other appropriate means other than by condemnation.

(3) Trust water rights must be administered by the department. Each trust water right must be administered in strict accordance with the terms under which the trust water right was established, including any agreement between the parties executed at the time the trust water right was established, or as subsequently modified by mutual agreement of the parties. For example, a trust water right established by the state expressly conditioned to limit its use to instream flows must be managed as a trust water right in compliance with that condition.

(4) To the extent practicable and subject to legislative appropriation, trust water rights established in a watershed with an approved watershed plan developed under chapter 90.82 RCW must be used in a manner consistent with that plan.

(5) The department may make arrangements, including entry into contracts with other persons or entities as appropriate, to ensure that trust water rights established in accordance with this chapter can be exercised to the fullest possible extent consistent with applicable state laws.

(6) The department shall cooperate fully with the United States in the implementation of this chapter. Trust water rights may be established through expenditure of funds provided by the United States and must be treated in the same manner as trust water rights established as a result of the expenditure of state funds.

(7) All trust water rights must be managed to ensure that attributes of each water right, such as its priority date, status as a certificate, permit, or claim, names or numbers used to identify the water right, and previously authorized uses remain distinct for each water right established as a trust water right.

NEW SECTION. Sec. 7. A new section is added to chapter 90.42 RCW to read as follows:

(1) A trust water right may be established on a temporary or permanent basis. To establish a permanent trust water right, the water right must be conveyed to the state of Washington. A water right transferred to the trust water program on a temporary basis may not be conveyed to the state of Washington and remains the property of the water right holder while managed by the department in the trust water program consistent with the terms of any agreement between the water right holder and the department.

(2) All or a portion of a water right perfected through actual beneficial use or an unperfected water right in good standing can be established as a trust water right. Once established by the state, such a right is a trust water right.

(3) The department shall develop forms for use in the establishment of trust water rights to gather information pertaining to the water right including, but not limited to, the existing purpose, place of use, and point of diversion or withdrawal of the right, extent of water use under the right, and the use or uses proposed for the right as a trust water right.

(4) Except as provided in RCW 90.03.380(4) and 90.44.100(5), the provisions of RCW 90.03.380 and 90.44.100 apply to trust water right transfers under this chapter.

(5) Acceptance of an existing right as a temporary trust water right under this chapter does not constitute a determination of the validity and extent of an existing water right.

(6) If the holder of a right to water from a body of water chooses to donate all or a portion of the person's water right to the trust water program to assist in providing instream flows on a temporary or permanent basis, the department shall accept the donation on such terms as the person may prescribe as long as the donation satisfies the applicable requirements of this chapter, and the terms prescribed are relevant and material to protecting any interest in the water right retained by the donor. Once accepted, such rights are trust water rights within the conditions prescribed by the donor.

(7)(a) The quantity of water that may be approved for transfer to the trust water program represents the extent to which water use under the original right is reduced or foregone under the trust transfer, resulting in a net benefit to the water body as a result of establishing the trust water right, and resulting from:

(i) Reduced diversion or withdrawal of water under the original right as a result of a water conservation project;

(ii) A reduction in the number of acres irrigated under the right, or a long-term change in the type of crop grown that will require less water;

(iii) A reduction in the period of use of the right, on a seasonal basis, during periods of low stream flows, or according to conditions prescribed for the trust water right;

(v) A downstream change in point of diversion of a water right that results in increased flows in the reach of the stream affected by the change;

(vi) The temporary or permanent use of different source of supply to meet all or a portion of the water needs under the original right; or

(vii) Other appropriate changes in activities under the original right, as agreed to between the water right holder and the department.

(b) Where the state establishes a trust water right from a portion of an existing water right, only the portion of the right to be placed in the trust water rights program is subject to the provisions of this chapter. In the case of a trust transfer, the quantity of the trust water right and the water right remaining with the water right holder is reflected in the superseding document issued to the water right holder by the department, and the superseding document issued by the department must be conditioned to ensure that the reduced water use is achieved.

NEW SECTION. Sec. 8. A new section is added to chapter 90.42 RCW to read as follows:

(1) A trust water right retains the same priority date as the water right from which it originated. The trust right shall be deemed to be inferior in priority to the water right from which it originated unless otherwise specified by an agreement between the state and the party holding the original right.

(2) The priority date of an unperfected water right established as a trust water right is the date of its establishment as a trust water right. If an unperfected water right is established as a temporary trust water right, it reverts to the original owner as an unperfected right with the priority date of the original right.

NEW SECTION. Sec. 9. A new section is added to chapter 90.42 RCW to read as follows:

(1) Before acquiring, establishing, or modifying any trust water right, the department shall publish a notice in a newspaper of general circulation published in the county or counties in which the storage, diversion, and use are to be made and in other newspapers as the department determines is necessary. The notice must be published once a week for two consecutive weeks. At the same time the department publishes notice, the department shall send a notice containing pertinent information to all appropriate state agencies, potentially affected local governments, potentially affected federally recognized tribal governments, and other interested parties.

(2) This section does not apply to a trust water right resulting from a donation for instream flows under RCW 90.42.080 or from a lease under RCW 90.42.080 if the period of the lease does not exceed five years.

(3) The department shall establish expedited notice provisions to provide notice and opportunity for comment on proposals to establish trust water rights during a formally declared drought.

NEW SECTION. Sec. 10. A new section is added to chapter 90.42 RCW to read as follows:

(1) Except as provided in subsection (2) of this section, a temporary trust water right is established after the following actions occur:

(a) The water right holder provides written notice to the department of their intention to establish a temporary trust water right;

(b) The water right holder publishes a legal notice according to section 9 of this act describing the temporary trust transfer and other details deemed necessary by the department. The legal notice must state that a water right holder wishing to assert a claim of impairment of their water right may do so by filing the claim with the department, and shall specify the deadline for doing so. The legal notice must be published once a week for two consecutive weeks in a newspaper of general circulation in the area in which the temporary trust water right would be established; and

(c) Within thirty days of the last date of publication of the legal notice, no claims of impairment are filed with the department relating to the proposed temporary trust water right. If any claims of impairment are filed with the department, the department shall make a determination regarding the impairment claim or claims and shall issue its determination in writing, stating either that it finds that there will be impairment (a "finding of impairment") or that it finds there will not be impairment (a "finding of no impairment"). The department's written determination may be appealed to the pollution control hearings board as provided in chapter 43.21B RCW or other applicable law.

(2) A temporary trust water right may be established by a superior court conducting a water rights adjudication under chapter 90.03 RCW.

(3) Upon the expiration of the period of time for which a temporary trust water right is established, the full perfected and unperfected quantities of water established as a temporary trust water right revert to the water right holder, with the priority date of the original water right.

NEW SECTION. Sec. 11. A new section is added to chapter 90.42 RCW to read as follows:

(1)(a) After notice and consideration of comments received, the department shall issue a final decision regarding the establishment of a permanent trust water right.

(b) The department shall provide copies of its final decision to the applicant and to any person or entity who provided comments on the proposed permanent trust water right transfer. The department's final decision on establishment of a permanent trust water right is appealable to the pollution control hearings board under RCW 43.21B.230 or other applicable law.

(2) The department shall issue a certificate of change or transfer as required under RCW 90.03.380(1) for any water right established as a permanent trust water right and order approving a trust water right transfer. Certificates of change or transfer issued under RCW 90.03.380 must be filed and made a record with the department of ecology, and a duplicate certificate must be issued to the applicant, which may be filed with the appropriate county auditor in like manner and with the same effect as provided in the original authorization to divert water.

(3) The department may require a final investigation prior to issuing a superseding certificate for water rights for which the department has issued a certificate of change or transfer under this section and under RCW 90.03.380(1), and shall issue a superseding certificate for such water right only when and to the extent water has been applied to actual beneficial use as described in the certificate of change or transfer issued under RCW 90.03.380(1).

(4) Where only a portion of an existing right is established as a permanent trust water right, the department shall issue a superseding certificate or permit to the original water right holder or, with respect to water claims, issue a superseding certificate or permit only for the perfected portion of a claim as demonstrated through actual beneficial use of water. The superseding document must indicate the quantity of water remaining with the original right holder.

NEW SECTION. Sec. 12. A new section is added to chapter 90.42 RCW to read as follows:

No state funds may be expended to establish trust water rights by the state under this chapter unless specifically appropriated for this purpose by the legislature. Prior to expending state or federal funds for a trust water right, the department shall exercise appropriate due diligence, as practiced by other water right purchasers, to ensure the validity of the water right or portion thereof for which the funds will be expended.

NEW SECTION. Sec. 13. A new section is added to chapter 90.42 RCW to read as follows:

A water right conveyed to the trust water right program as a donation that is expressly conditioned to limit its use to instream purposes must be managed by the department for public purposes to ensure that it qualifies as a donation that is deductible for federal income taxation purposes for the person or entity conveying the water right.

NEW SECTION. Sec. 14. A new section is added to chapter 90.42 RCW to read as follows:

The water right relinquishment provisions of RCW 90.14.130 through 90.14.230 do not apply to trust water rights as of the date the trust water right is established.

NEW SECTION. Sec. 15. A new section is added to chapter 90.42 RCW to read as follows:

(1) Nothing in this chapter authorizes the impairment of, or operates to impair, any existing water rights.

(2) A trust water right may be established only if the department first determines that neither water rights existing at the time the trust water right is established nor the public interest will be impaired. If impairment becomes apparent during the time a trust water right is being exercised, the department shall cease or modify the use of the trust water right to eliminate the impairment.

(3) A water right holder who believes his or her water right has been impaired by a trust water right donated or leased under RCW 90.42.080 may request that the department review his or her impairment claim. If the department determines that exercising the trust water right resulting from the donation or lease or exercising a portion of that trust water right is impairing existing water rights in violation of this section, the trust water right must be altered by the department to eliminate the impairment.

(4) Any decision of the department made according to subsection (2) or (3) of this section may be appealed to the pollution control hearings board according to chapter 43.21B RCW.

NEW SECTION. Sec. 16. A new section is added to chapter 90.42 RCW to read as follows:

(1) When water is proposed to be provided to the department as a trust water right by an irrigation district, evidence of the district's authority to represent the water right holders must be submitted to, and for the satisfaction of, the department.

(2) The department may not establish a trust water right from an individual's water right under this chapter that is appurtenant to land lying within an irrigation district without the approval of the board of directors of the irrigation district.

(1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That the right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. A change in the place of use, point of diversion, and/or purpose of use of a water right to enable irrigation of additional acreage or the addition of new uses may be permitted if such change results in no increase in the annual consumptive quantity of water used under the water right. For purposes of this section, "annual consumptive quantity" means the estimated or actual annual amount of water diverted pursuant to the water right, reduced by the estimated annual amount of return flows, averaged over the two years of greatest use within the most recent five-year period of continuous beneficial use of the water right. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and the application shall not be granted until notice of the application is published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.

(2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.

(3) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights.

(4) The requirements of this section ((shall)) do not apply to trust water rights ((acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070)) established on a temporary basis under chapter 90.42 RCW unless such rights are transferred to another person.

(5)(a) Pending applications for new water rights are not entitled to protection from impairment, injury, or detriment when an application relating to an existing surface or ground water right is considered.

(b) Applications relating to existing surface or ground water rights may be processed and decisions on them rendered independently of processing and rendering decisions on pending applications for new water rights within the same source of supply without regard to the date of filing of the pending applications for new water rights.

(c) Notwithstanding any other existing authority to process applications, including but not limited to the authority to process applications under WAC 173-152-050 as it existed on January 1, 2001, an application relating to an existing surface or ground water right may be processed ahead of a previously filed application relating to an existing right when sufficient information for a decision on the previously filed application is not available and the applicant for the previously filed application is sent written notice that explains what information is not available and informs the applicant that processing of the next application will begin. The previously filed application does not lose its priority date and if the information is provided by the applicant within sixty days, the previously filed application shall be processed at that time. This subsection (5)(c) does not affect any other existing authority to process applications.

(d) Nothing in this subsection (5) is intended to stop the processing of applications for new water rights.

(6) No applicant for a change, transfer, or amendment of a water right may be required to give up any part of the applicant's valid water right or claim to a state agency, the trust water rights program, or to other persons as a condition of processing the application.

(7) In revising the provisions of this section and adding provisions to this section by chapter 237, Laws of 2001, the legislature does not intend to imply legislative approval or disapproval of any existing administrative policy regarding, or any existing administrative or judicial interpretation of, the provisions of this section not expressly added or revised.

(1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of ground water right, the holder of a valid right to withdraw public ground waters may, without losing the holder's priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or the holder may change the manner or the place of use of the water.

(2) An amendment to construct replacement or a new additional well or wells at a location outside of the location of the original well or wells or to change the manner or place of use of the water shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that: (a) The additional or replacement well or wells shall tap the same body of public ground water as the original well or wells; (b) where a replacement well or wells is approved, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) where an additional well or wells is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original permit or certificate; and (d) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit.

(3) The construction of a replacement or new additional well or wells at the location of the original well or wells shall be allowed without application to the department for an amendment. However, the following apply to such a replacement or new additional well: (a) The well shall tap the same body of public ground water as the original well or wells; (b) if a replacement well is constructed, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) if a new additional well is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original water use permit or certificate; (d) the construction and use of the well shall not interfere with or impair water rights with an earlier date of priority than the water right or rights for the original well or wells; (e) the replacement or additional well shall be located no closer than the original well to a well it might interfere with; (f) the department may specify an approved manner of construction of the well; and (g) the department shall require a showing of compliance with the conditions of this subsection (3).

(4) As used in this section, the "location of the original well or wells" is the area described as the point of withdrawal in the original public notice published for the application for the water right for the well.

(5) The requirements of this section do not apply to trust water rights established on a temporary basis under chapter 90.42 RCW unless such rights are transferred to another person.

RCW 90.42.050 (Guidelines governing trust water rights-- Submission of guidelines to joint select committee) and 1991 c 347 s 9;

RCW 90.42.070 (Involuntary impairment of existing water rights not authorized) and 1991 c 347 s 11; and

RCW 90.42.080 (Trust water rights--Acquisition, donation, exercise, and transfer--Appropriation required for expenditure of funds) and 2002 c 329 s 9, 2001 c 237 s 31, 1993 c 98 s 4, & 1991 c 347 s 12.

NEW SECTION. Sec. 20. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 21. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Representatives Linville and Chandler spoke in favor of the adoption of the amendment.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1317.

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1317 and the bill passed the House by the following vote: Yeas - 93, Nays - 4, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 93.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1317, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1336, By Representatives Linville, Kirby, Grant, Rockefeller, Quall, Hunt, Shabro, Jarrett, Delvin, Morris and Conway; by request of Governor Locke

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1336 was substituted for House Bill No. 1336 and the second substitute bill was placed on the second reading calendar.

NEW SECTION. Sec. 1. The legislature declares and reaffirms that a core principle embodied in chapter 90.82 RCW is that state agencies must work cooperatively with local citizens in a process of planning for future uses of water by giving local citizens and the governments closest to them the ability to determine the management of water in the WRIA or WRIAs being planned.

The legislature further finds that this process of local planning must have all the tools necessary to accomplish this task and that it is essential for the legislature to provide a clear statutory process for implementation so that the locally developed plan will be the adopted and implemented plan to the greatest extent possible.

(1) Once a WRIA planning unit has been initiated under RCW 90.82.060 and a lead agency has been designated, it shall notify the department and may apply to the department for funding assistance for conducting the planning and providing coordination and oversight of the implementation of the plan. Funds shall be provided from and to the extent of appropriations made by the legislature to the department expressly for this purpose.

(2)(a) Each planning unit that has complied with subsection (1) of this section is eligible to receive watershed planning grants in the following amounts for the first three phases of watershed planning and phase four watershed plan implementation coordination and oversight:

(i) Initiating governments may apply for an initial organizing grant of up to fifty thousand dollars for a single WRIA or up to seventy-five thousand dollars for a multi-WRIA management area in accordance with RCW 90.82.060(4);

(ii)(A) A planning unit may apply for up to two hundred thousand dollars for each WRIA in the management area for conducting watershed assessments in accordance with RCW 90.82.070, except that a planning unit that chooses to conduct a detailed assessment or studies under (a)(ii)(B) of this subsection or whose initiating governments choose or have chosen to include an instream flow or water quality component in accordance with RCW 90.82.080 or 90.82.090 may apply for up to one hundred thousand additional dollars for each instream flow and up to one hundred thousand additional dollars for each water quality component included for each WRIA to conduct an assessment on that optional component and for each WRIA in which the assessments or studies under (a)(ii)(B) of this subsection are conducted.

(B) A planning unit may elect to apply for up to one hundred thousand additional dollars to conduct a detailed assessment of multipurpose water storage opportunities or for studies of specific multipurpose storage projects which opportunities or projects are consistent with and support the other elements of the planning unit's watershed plan developed under this chapter; and

(iii) A planning unit may apply for up to two hundred fifty thousand dollars for each WRIA in the management area for developing a watershed plan and making recommendations for actions by local, state, and federal agencies, tribes, private property owners, private organizations, and individual citizens, including a recommended list of strategies and projects that would further the purpose of the plan in accordance with RCW 90.82.060 through 90.82.100.

(b) A planning unit may request a different amount for phase two or phase three of watershed planning than is specified in (a) of this subsection, provided that the total amount of funds awarded do not exceed the maximum amount the planning unit is eligible for under (a) of this subsection. The department shall approve such an alternative allocation of funds if the planning unit identifies how the proposed alternative will meet the goals of this chapter and provides a proposed timeline for the completion of planning. However, the up to one hundred thousand additional dollars in funding for instream flow and water quality components and for water storage assessments or studies that a planning unit may apply for under (a)(ii)(A) of this subsection may be used only for those instream flow, water quality, and water storage purposes.

(c) By December 1, 2001, or within one year of initiating phase one of watershed planning, whichever occurs later, the initiating governments for each planning unit must inform the department whether they intend to have the planning unit establish or amend instream flows as part of its planning process. If they elect to have the planning unit establish or amend instream flows, the planning unit is eligible to receive one hundred thousand dollars for that purpose in accordance with (a)(ii) of this subsection. If the initiating governments for a planning unit elect not to establish or amend instream flows as part of the unit's planning process, the department shall retain one hundred thousand dollars to carry out an assessment to support establishment of instream flows and to establish such flows in accordance with RCW 90.54.020(3)(a) and chapter 90.22 RCW. The department shall not use these funds to amend an existing instream flow unless requested to do so by the initiating governments for a planning unit.

(d) In administering funds appropriated for supplemental funding for optional plan components under (a)(ii) of this subsection, the department shall give priority in granting the available funds to proposals for setting or amending instream flows.

(e) A planning unit may apply for a matching grant for phase four coordination and oversight of watershed plan implementation. A match of ten to twenty-five percent is required and may include financial contributions or in-kind goods and services directly related to coordination and oversight functions. The match can be provided by the planning unit or by the combined commitments from federal agencies, tribal governments, local governments, special districts, or other local organizations. The phase four grant may be up to one hundred thousand dollars for each planning unit for each of the first three years of implementation. At the end of the three-year period, a two- year extension may be available for up to fifty thousand dollars each year. For planning units that cover more than one WRIA, additional matching funds of up to twenty-five thousand dollars may be available for each additional WRIA per year for the first three years of implementation, and up to twelve thousand five hundred dollars per WRIA per year for each of the fourth and fifth years.

(3)(a) The department shall use the eligibility criteria in this subsection (3) instead of rules, policies, or guidelines when evaluating grant applications at each stage of the grants program.

(b) In reviewing grant applications under this subsection (3), the department shall evaluate whether:

(ii) The application demonstrates a need for state planning funds to accomplish the objectives of the planning process; and

(iii) The application and supporting information evidences a readiness to proceed.

(c) In ranking grant applications submitted at each stage of the grants program, the department shall give preference to applications in the following order of priority:

(i) Applications from existing planning groups that have been in existence for at least one year;

(ii) Applications that address protection and enhancement of fish habitat in watersheds that have aquatic fish species listed or proposed to be listed as endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq. and for which there is evidence of an inability to supply adequate water for population and economic growth from:

(iii) Applications that address protection and enhancement of fish habitat in watersheds or for which there is evidence of an inability to supply adequate water for population and economic growth from:

(d) Except for phase four watershed plan implementation, the department may not impose any local matching fund requirement as a condition for grant eligibility or as a preference for receiving a grant.

(4) The department may retain up to one percent of funds allocated under this section to defray administrative costs.

(5) Planning under this chapter should be completed as expeditiously as possible, with the focus being on local stakeholders cooperating to meet local needs.

(6) Funding provided under this section shall be considered a contractual obligation against the moneys appropriated for this purpose.

(1)(a) Upon completing its proposed watershed plan, the planning unit may approve the proposal by consensus of all of the members of the planning unit or by consensus among the members of the planning unit appointed to represent units of government and a majority vote of the nongovernmental members of the planning unit.

(b) If the proposal is approved by the planning unit, the unit shall submit the proposal to the counties with territory within the management area. If the planning unit has received funding beyond the initial organizing grant under RCW 90.82.040, such a proposal approved by the planning unit shall be submitted to the counties within four years of the date that funds beyond the initial funding are first drawn upon by the planning unit.

(c) If the watershed plan is not approved by the planning unit, the planning unit may submit the components of the plan for which agreement is achieved using the procedure under (a) of this subsection, or the planning unit may terminate the planning process.

(2)(a) With the exception of a county legislative authority that chooses to opt out of watershed planning as provided in (c) of this subsection, the legislative authority of each of the counties with territory in the management area shall provide public notice of and conduct at least one public hearing on the proposed watershed plan submitted under this section. After the public hearings, the legislative authorities of these counties shall convene in joint session to consider the proposal. The counties may approve or reject the proposed watershed plan for the management area, but may not amend it. Approval of such a proposal shall be made by a majority vote of the members of each of the counties with territory in the management area.

(b) If a proposed watershed plan is not approved, it shall be returned to the planning unit with recommendations for revisions. Approval of such a revised proposal by the planning unit and the counties shall be made in the same manner provided for the original watershed plan. If approval of the revised plan is not achieved, the process shall terminate.

(c) A legislative authority of a county with less than five percent of affected territory within a particular management area may choose to opt out of watershed planning under this chapter and the public hearing processes under (a) and (b) of this subsection, with regard to that legislative authority's affected territory within a particular management area. A county choosing to opt out shall notify the department and the other initiating governments of that choice prior to commencement of plan adoption under the provisions of (a) of this subsection. A county choosing to opt out shall not be bound by obligations contained in the watershed plan adopted for that management area under this chapter. Even if a county chooses to opt out as provided in this section, the other counties within a management area may adopt a proposed watershed plan as provided in this chapter.

(3) The planning unit shall not add an element to its watershed plan that creates an obligation unless each of the governments to be obligated has at least one representative on the planning unit and the respective members appointed to represent those governments agree to adding the element that creates the obligation. A member's agreeing to add an element shall be evidenced by a recorded vote of all members of the planning unit in which the members record support for adding the element. If the watershed plan is approved under subsections (1) and (2) of this section and the plan creates obligations: (a) For agencies of state government, the agencies shall adopt by policy, procedures, agreements, or rules the obligations of both state and county governments and procedures or rules implementing the state obligations, the obligations on state agencies are binding upon adoption of the obligations ((into rule)), and the agencies shall take other actions to fulfill their obligations as soon as possible, and should annually review implementation needs with respect to budget and staffing; ((or)) (b) for counties, the obligations are binding on the counties and the counties shall adopt any necessary implementing ordinances and take other actions to fulfill their obligations as soon as possible, and should annually review implementation needs with respect to budget and staffing; or (c) for an organization voluntarily accepting an obligation, the organization must adopt policies, procedures, agreements, rules, or ordinances to implement the plan, and should annually review implementation needs with respect to budget and staffing.

(4) As used in this section, "obligation" means any action required as a result of this chapter that imposes upon a tribal government, county government, or state government, either: A fiscal impact; a redeployment of resources; or a change of existing policy.

(5) After a plan is approved under subsection (2)(a) of this section and if the department participated in the planning process, the department shall rely on such a plan as the framework for making water resource and water quality decisions in the watershed. The department shall also rely upon the plan as a primary consideration in determining the public interest related to those decisions.

(6) Once a plan is approved under subsection (2)(a) of this section, the department may adopt rules under RCW 90.54.040(1) to modify the plan through a negotiated rule-making process under RCW 34.05.310(2)(a) and shall adopt rules implementing its obligations imposed by the plan or modified plan through such a negotiated rule- making process. The department may not modify the plan in any other manner or under any other authority. The entities to be included in the negotiated rule making as affected interests must include, but are not limited to: Water right holders and other affected residents in a watershed or watersheds; and, to the greatest extent practicable, the members of the original planning unit for the watershed or watersheds.

NEW SECTION. Sec. 4. A new section is added to chapter 90.82 RCW to read as follows:

(1) Upon approval of the watershed plan, the role of the planning unit is to provide coordination and oversight during the implementation of the plan. This may include a number of interrelated activities, such as seeking funding; tracking progress towards implementation milestones; making adjustments to respond to new information and changing conditions; coordinating the many implementation actions being performed by different organizations in the watershed; and responding to local needs and concerns as expressed by elected officials, stakeholders, and the public. Supporting activities also include public outreach and education; long-term monitoring activities and associated research; data management; and program evaluation.

(2) Within one year of accepting funding for plan coordination and oversight, the planning unit must complete a detailed implementation plan. An implementation plan must clearly define coordination and oversight responsibilities; any needed interlocal agreements, rules, or ordinances; specific funding mechanisms; timelines for carrying out the actions included in the plan; and an adaptive management strategy for plan amendments. The implementation plan must include coordination of salmon recovery projects with lead entities working under chapter 246, Laws of 1998. Submittal of a detailed implementation plan to the department is a condition for receiving grants for the second and all subsequent years of the phase four grant.

NEW SECTION. Sec. 5. A new section is added to chapter 90.82 RCW to read as follows:

(1) Each plan developed under this chapter must contain strategies for achieving the following water resource objectives:

(b) Providing sufficient water for commercial, industrial, and residential use; and

(2) Such a plan must include timelines for achieving these three objectives and interim milestones for measuring progress in achieving the objectives. Such a plan must also identify the state and local administrative approvals and permits that must be secured to achieve these objectives.

(3) The strategies developed under this chapter to satisfy these objectives must include, but are not limited to, the identification of:

(d) How any limiting factors regarding stream flows or water supply that have been identified for salmon in analyses under RCW 77.85.060 are to be overcome;

(e) How progress in overcoming these limiting factors is to be measured and interim milestones for measuring that progress; and

(f) How the strategies developed under this section are to be coordinated with the activities and habitat project lists of lead entities and committees conducted and developed under RCW 77.85.050.

(1) Planning conducted under this chapter must provide for a process to allow the local citizens within a WRIA or multi-WRIA area to join together in an effort to: (a) Assess the status of the water resources of their WRIA or multi-WRIA area; and (b) determine how best to manage the water resources of the WRIA or multi-WRIA area to balance the competing resource demands for that area within the parameters under RCW 90.82.120.

(2) Watershed planning under this chapter may be initiated for a WRIA only with the concurrence of: (a) All counties within the WRIA; (b) the largest city or town within the WRIA unless the WRIA does not contain a city or town; and (c) the water supply utility obtaining the largest quantity of water from the WRIA or, for a WRIA with lands within the Columbia Basin project, the water supply utility obtaining from the Columbia Basin project the largest quantity of water for the WRIA. To apply for a grant for organizing the planning unit as provided for under RCW 90.82.040(2)(a), these entities shall designate the entity that will serve as the lead agency for the planning effort and indicate how the planning unit will be staffed.

(3) Watershed planning under this chapter may be initiated for a multi-WRIA area only with the concurrence of: (a) All counties within the multi-WRIA area; (b) the largest city or town in each WRIA unless the WRIA does not contain a city or town; and (c) the water supply utility obtaining the largest quantity of water in each WRIA.

(4) If entities in subsection (2) or (3) of this section decide jointly and unanimously to proceed, they shall invite all tribes with reservation lands within the management area.

(5) The entities in subsection (2) or (3) of this section, including the tribes if they affirmatively accept the invitation, constitute the initiating governments for the purposes of this section.

(6) The organizing grant shall be used to organize the planning unit and to determine the scope of the planning to be conducted. In determining the scope of the planning activities, consideration shall be given to all existing plans and related planning activities. The scope of planning must include water quantity elements as provided in RCW 90.82.070, and may include water quality elements as contained in RCW 90.82.090, habitat elements as contained in RCW 90.82.100, and instream flow elements as contained in RCW 90.82.080. The initiating governments shall work with state government, other local governments within the management area, and affected tribal governments, in developing a planning process. The initiating governments may hold public meetings as deemed necessary to develop a proposed scope of work and a proposed composition of the planning unit. In developing a proposed composition of the planning unit, the initiating governments shall provide for representation of a wide range of water resource interests.

(7) Each state agency with regulatory or other interests in the WRIA or multi-WRIA area to be planned shall assist the local citizens in the planning effort to the greatest extent practicable, recognizing any fiscal limitations. In providing such technical assistance and to facilitate representation on the planning unit, state agencies may organize and agree upon their representation on the planning unit. Such technical assistance must only be at the request of and to the extent desired by the planning unit conducting such planning. The number of state agency representatives on the planning unit shall be determined by the initiating governments in consultation with the governor's office.

(8) As used in this section, "lead agency" means the entity that coordinates staff support of its own or of other local governments and receives grants under RCW 90.82.130 for developing and for implementation coordination and oversight of a watershed plan.

NEW SECTION. Sec. 7. A new section is added to chapter 90.82 RCW to read as follows:

The department and all other state agencies, acting within the authorities, restrictions, and responsibilities of the statutes they administer and available resources, shall act on the approvals and permits needed to implement any plan approved under this chapter. In instances where granting particular approvals or permits is not consistent with those authorities and responsibilities, the agencies or divisions within the department shall identify to the director the changes in statute that would allow them to grant the approvals and permits. By December 31, 2003, and by December 31st of each year thereafter, the director of the department shall report to the appropriate standing committees of the legislature and to the governor on the statutory changes that would be necessary to provide the state agency approvals and permits identified under this section.

NEW SECTION. Sec. 8. A new section is added to chapter 90.54 RCW to read as follows:

(1) When a comprehensive water resource program is developed in segments under RCW 90.54.040(1), the watershed planning shall be conducted through local planning groups that represent at least the diversity of interests required for planning conducted under chapter 90.82 RCW. Any plan developed under this section shall include, but is not limited to, the water supply and use assessment and strategies for future use required for planning conducted under chapter 90.82 RCW by RCW 90.82.070 and the following:

(a) Strategies for achieving the water resource objectives listed in section 5(1) of this act;

(b) Timelines for achieving each of the objectives listed in section 5(2) of this act and interim milestones for measuring progress in achieving the objectives; and

(c) An identification of the state and local administrative approvals and permits that must be secured to achieve the objectives listed in section 5(3) of this act.

(2) The director shall include within the report required by section 7 of this act the director's recommendations for changes in statutes from those identified under this section.

NEW SECTION. Sec. 9. A new section is added to chapter 90.54 RCW to read as follows:

Instream flow requirements must be established for not less than the main stem of the principal stream or river in each water resource inventory area established in chapter 173-500 WAC as it exists on the effective date of this section.

NEW SECTION. Sec. 10. A new section is added to chapter 90.48 RCW to read as follows:

This section applies to any work conducted by the department for determining or allocating total maximum daily loads for approval by the United States environmental protection agency under the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The department shall design its work schedule and plan for conducting such activities in a manner that facilitates the involvement of watershed planning units conducting planning under RCW 90.82.090. As a minimum, the department shall:

(1) Schedule its work so that the involvement of planning units under subsection (3) of this section is possible under the work schedules established or likely to be established for the units to implement RCW 90.82.090;

(2) Arrange its longer-term work schedule in a way that allows initiating governments to know that their choice to require a water quality component under RCW 90.82.090 or to initiate planning under RCW 90.82.060(7) would include the involvement of their planning unit under subsection (3) of this section; and

(3) Designate the planning units conducting planning under RCW 90.82.090 as the local advisory bodies to be used, consistent with section 11 of this act, when the department conducts total maximum daily load activities in any portion of the area for which the unit is conducting such planning. This requirement does not apply to activities regarding an allocation of total maximum daily load for a body of water if the allocation is submitted by the department to the United States environmental protection agency for approval under the federal clean water act before or within six months of the effective date of this section.

NEW SECTION. Sec. 11. A new section is added to chapter 90.82 RCW to read as follows:

A planning unit conducting planning under RCW 90.82.090 may choose to assign the responsibility of being the local advisory body for total maximum daily load activities under section 10 of this act to: The members of the planning unit, as a whole, except those representing state agencies; some portion of the membership of the planning unit, other than the members representing state agencies; or any combination it may choose of its membership, other than state agency representatives, and any additional individuals it may choose who agree to participate.

If the initiating governments choose to include a water quality component, the watershed plan shall include the following elements:

(1) An examination based on existing studies conducted by federal, state, and local agencies of the degree to which legally established water quality standards are being met in the management area;

(2) An examination based on existing studies conducted by federal, state, and local agencies of the causes of water quality violations in the management area, including an examination of information regarding pollutants, point and nonpoint sources of pollution, and pollution- carrying capacities of water bodies in the management area. The analysis shall take into account seasonal stream flow or level variations, natural events, and pollution from natural sources that occurs independent of human activities;

(3) An examination of the legally established characteristic uses of each of the nonmarine bodies of water in the management area;

(4) An examination of any total maximum daily load established for nonmarine bodies of water in the management area((, unless a total maximum daily load process has begun in the management area as of the date the watershed planning process is initiated under RCW 90.82.060));

(5) An examination of existing data related to the impact of fresh water on marine water quality;

(6) A recommended approach for implementing the total maximum daily load established for achieving compliance with water quality standards for the nonmarine bodies of water in the management area((, unless a total maximum daily load process has begun in the management area as of the date the watershed planning process is initiated under RCW 90.82.060)); and

(7) Recommended means of monitoring by appropriate government agencies whether actions taken to implement the approach to bring about improvements in water quality are sufficient to achieve compliance with water quality standards.

This chapter does not obligate the state to undertake analysis or to develop strategies required under the federal clean water act (33 U.S.C. Sec. 1251 et seq.). This chapter does not authorize any planning unit, lead agency, or local government to adopt water quality standards or total maximum daily loads under the federal clean water act.

(1) Watershed planning developed and approved under this chapter shall not contain provisions that: (a) Are in conflict with existing state statutes, federal laws, or tribal treaty rights; (b) impair or diminish in any manner an existing water right evidenced by a claim filed in the water rights claims registry established under chapter 90.14 RCW or a water right certificate or permit; (c) require a modification in the basic operations of a federal reclamation project with a water right the priority date of which is before June 11, 1998, or alter in any manner whatsoever the quantity of water available under the water right for the reclamation project, whether the project has or has not been completed before June 11, 1998; (d) affect or interfere with an ongoing general adjudication of water rights; (e) modify or require the modification of any waste discharge permit issued under chapter 90.48 RCW; (f) except as provided in RCW 77.85.050(1)(c), modify or require the modification of activities or actions taken or intended to be taken under a habitat restoration work schedule developed under chapter 246, Laws of 1998; or (g) modify or require the modification of activities or actions taken to protect or enhance fish habitat if the activities or actions are: (i) Part of an approved habitat conservation plan and an incidental take permit, an incidental take statement, a management or recovery plan, or other cooperative or conservation agreement entered into with a federal or state fish and wildlife protection agency under its statutory authority for fish and wildlife protection that addresses the affected habitat; or (ii) part of a water quality program adopted by an irrigation district under chapter 87.03 RCW or a board of joint control under chapter 87.80 RCW. This subsection (1)(g) applies as long as the activities or actions continue to be taken in accordance with the plan, agreement, permit, or statement. Any assessment conducted under RCW 90.82.070, 90.82.090, or 90.82.100 shall take into consideration such activities and actions and those taken under the forest practices rules, including watershed analysis adopted under the forest practices act, chapter 76.09 RCW.

(2) Watershed planning developed and approved under this chapter shall not change existing local ordinances or existing state rules or permits, but may contain recommendations for changing such ordinances or rules.

(3) Notwithstanding any other provision of this chapter, watershed planning shall take into account forest practices rules under the forest practices act, chapter 76.09 RCW, and shall not create any obligations or restrictions on forest practices additional to or inconsistent with the forest practices act and its implementing rules, whether watershed planning is approved by the counties or the department.

Sec. 14. RCW 77.85.050 and 1999 sp.s. c 13 s 11 are each amended to read as follows:

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

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

(c) The committee shall compile a list of habitat projects, establish priorities for individual projects, define the sequence for project implementation, and submit these activities as the habitat project list. In any WRIA for which watershed planning is being conducted by a planning unit under RCW 90.82.100, the committee and the lead entity shall share their information regarding the WRIA with the planning unit, and the committee and the lead entity shall consult with the planning unit in preparing and in adding activities to the habitat project list for that WRIA. The committee shall also identify potential federal, state, local, and private funding sources.

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

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

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

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

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

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

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

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

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

(3) The board may reject, but not add, projects from a habitat project list submitted by a lead entity for funding. After January 1, 2004, the board shall not provide funding for any project in a WRIA for which planning is being conducted under RCW 90.82.100 unless the lead entity as well as the planning unit for the WRIA under chapter 90.82 RCW both document that the consultation required by RCW 77.85.050(1)(c) has been conducted for the project.

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

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

(6) The board shall establish criteria for determining when block grants may be made to a lead entity or other recognized regional recovery entity consistent with one or more habitat project lists developed for that region. Where a lead entity has been established pursuant to RCW 77.85.050, the board may provide grants to the lead entity to assist in carrying out lead entity functions under this chapter, subject to available funding. The board shall determine an equitable minimum amount of funds for each region, and shall distribute the remainder of funds on a competitive basis.

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

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

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

NEW SECTION. Sec. 16. The legislature does not intend to appropriate additional funds for the implementation of this act and expects all affected state agencies to implement this act's provisions within existing funds.

Representative Chandler moved the adoption of amendment (264) to amendment (258):

On page 8, line 4 of the striking amendment, after "(2)" strike all material through "plan." on line 6 and insert "Upon accepting funding for the coordination and oversight of the implementation of a watershed plan, the planning unit must begin developing a detailed implementation plan."

On page 8, line 12 of the striking amendment, after "1998." strike all material through "grant." on line 14

Representative Chandler moved the adoption of amendment (265) to amendment (258):

Renumber the remaining sections consecutively and correct internal references accordingly.

The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (265 to 258) to Second Substitute House Bill No. 1336.

The Clerk called the roll on the adoption of amendment (265 to 258) to Second Substitute House Bill No. 1336, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 51, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hatfield, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 46.

Voting nay: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 51.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1336

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1336 and the bill passed the House by the following vote: Yeas - 56, Nays - 41, Absent - 0, Excused - 1.

Voting yea: Representatives Berkey, Cairnes, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Shabro, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 56.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hatfield, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Pflug, Roach, Schindler, Schoesler, Sehlin, Skinner, Sump, Talcott and Woods - 41.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1336, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1337, By Representatives Rockefeller, Schoesler, Lantz, Linville, Shabro, Jarrett, Kirby, Grant, Quall, Hunt, Delvin, Woods, Chandler, Morris, Conway, Bush, Anderson and Pflug; by request of Governor Locke

The bill was read the second time. There being no objection, Substitute House Bill No. 1337 was substituted for House Bill No. 1337 and the substitute bill was placed on the second reading calendar.

(1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of ground water right, the holder of a valid right to withdraw public ground waters may, without losing the holder's priority of right, construct wells or other means of withdrawal or withdraw water under the right from an additional existing well or wells at a new location in substitution for or in addition to those at the original location, or the holder may change the manner or the place of use of the water.

(2) Except as provided in subsection (5) of this section, an amendment to withdraw water under the right from an additional existing well or wells, construct replacement or a new additional well or wells at a location outside of the location of the original well or wells, or to change the manner or place of use of the water shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that: (a) The additional or replacement well or wells shall ((tap the same body of public ground water)) be located within the same water resource inventory area (WRIA), as defined in chapter 173-500 WAC, as the original well or wells or in an adjoining WRIA. If a watershed plan has been approved under chapter 90.82 RCW or a comprehensive watershed plan has been adopted under RCW 90.54.040(1) for the WRIA or the adjoining WRIA or for both WRIAs, moving the location of the well or wells through construction or addition must be consistent with the plan or plans. If a ground water management program has been adopted by the department under RCW 90.44.400 through 90.44.430 for the original or new location for the well or wells, moving the location of the well or wells through construction or addition must be consistent with the adopted program; (b) where a replacement well or wells is approved, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) where an additional well or wells is added or constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not ((enlarge the right)) increase the annual or instantaneous quantity conveyed by the original permit or certificate; and (d) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit.

(3) The addition or construction of a replacement or new or existing additional well or wells at the location of the original well or wells shall be allowed without application to the department for an amendment. However, the following apply to such a replacement or new or existing additional well: (a) The well shall tap the same body of public ground water as the original well or wells; (b) if a replacement well is added or constructed, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) if a new or existing additional well is added or constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not ((enlarge the right)) increase the annual or instantaneous quantity conveyed by the original water use permit or certificate; (d) the addition or construction and use of the well shall not interfere with or impair water rights with an earlier date of priority than the water right or rights for the original well or wells; (e) the replacement or additional well shall be located no closer than the original well to a well it might interfere with; (f) the department may specify an approved manner of construction of the well; and (g) the department shall require a showing of compliance with the conditions of this subsection (3).

(4) As used in this section, the "location of the original well or wells" is the larger of: (a) The area described as the point of withdrawal in the original public notice published for the application for the water right for the well; or (b) the area up to one-quarter mile radius from the current well or wells.

(5)(a) A water right holder may add or construct a replacement or new or existing additional well or wells at a location outside the location of the original well or wells but not more than two miles from the current well or wells without obtaining approval from the department under the following conditions:

(i) At least sixty days before adding or starting construction of the well or wells, the water right holder must provide written notice to the department of the intention to add or construct the replacement or additional well or wells and publish a legal notice prescribed by the department describing the location of the additional existing or proposed well or wells, the amounts of water to be withdrawn, and other details deemed necessary by the department. The notice must state that a person wishing to assert a claim of impairment of the person's water right may do so by filing the claim with the department and the deadline for doing so, which shall be within thirty days of the last date of publication of the notice. The notice must be published once a week for two consecutive weeks in a newspaper of general circulation in the area in which the well or wells would be located or added. The department must provide a copy of the notice to the tribal governments of all Indian tribes in the watershed or watersheds involved and to any planning unit conducting planning under chapter 90.82 RCW for the area and must post a copy of the notice on its internet web site. The department must file such a claim on behalf of the state if it believes any water rights held by the state would be impaired;

(ii) No claims of impairment of a water right are filed by the holder of the water right with the department relating to the proposed replacement or additional well or wells within thirty days of the last date of publication of the legal notice; and

(iii) The conditions of subsection (3)(a) through (d), (f), and (g) of this section are met.

(b) If a claim of impairment of a water right is timely filed by the holder of the water right with the department, the department shall make a determination regarding the impairment claim and shall issue its determination in writing within ninety days of the date the claim was filed, stating either that it finds that there will be impairment (a "finding of impairment") or that it finds there will not be impairment (a "finding of no impairment"). The department's written determination or its failure to issue a determination within the ninety-day deadline may be appealed, by the claimant or by the water right holder who published notice under (a)(i) of this subsection, to the pollution control hearings board as provided in chapter 43.21B RCW.

(c) Where an impairment claim has been filed, a replacement well may only be added or constructed under this subsection (5) after a final resolution of the impairment claim results in a finding of no impairment. Final resolution of an impairment claim occurs at the expiration of the appeal period following a final determination by the department, the pollution control hearings board, and any reviewing court.

(d) The failure of the department or a person authorized to file a claim of impairment before the thirty-day deadline established in (a) of this subsection shall not be construed as precluding the department or the person from taking actions to require the discontinuance of or reduction in the withdrawal of water from the well or wells added or located and constructed under the authority of this subsection (5) if the state's or person's rights are impaired by the withdrawals."

Representative Chandler moved the adoption of amendment (275) to amendment (259):

On page 1, beginning on line 8 of the amendment, strike the remainder of the amendment and insert the following:

"ground waters may, without losing the holder's priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or the holder may change the ((manner)) purpose or the place of use of the water.

(2) Except as provided in subsection (5) of this section, an amendment to construct replacement or a new additional well or wells at a location outside of the location of the original well or wells or to change the ((manner)) purpose or place of use of the water shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that: (a) The additional or replacement well or wells shall ((tap the same body of public ground water)) be located within the same water resource inventory area, as defined in chapter 173-500 WAC as it exists on the effective date of this act, or an adjoining water resource inventory area as the original well or wells; (b) where a replacement well or wells is approved, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) where an additional well or wells is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not ((enlarge the right)) increase the annual or instantaneous quantity conveyed by the original permit or certificate; and (d) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit.

(3) The construction of a replacement or new additional well or wells at the location of the original well or wells shall be allowed without application to the department for an amendment. However, the following apply to such a replacement or new additional well: (a) The well shall tap the same body of public ground water as the original well or wells; (b) if a replacement well is constructed, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) if a new additional well is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not ((enlarge the right)) increase the annual or instantaneous quantity conveyed by the original water use permit or certificate; (d) the construction and use of the well shall not interfere with or impair water rights with an earlier date of priority than the water right or rights for the original well or wells; (e) the replacement or additional well shall be located no closer than the original well to a well it might interfere with; (f) the department may specify an approved manner of construction of the well; and (g) the department shall require a showing of compliance with the conditions of this subsection (3).

(5)(a) A water right holder may construct a replacement or new additional well or wells at a location outside the location of the original well or wells but not more than two miles from the current well or wells without obtaining approval from the department under the following conditions:

(i) That, at least sixty days before starting construction of the well or wells, the water right holder provides written notice to the department of the intention to construct the replacement or additional well or wells and publishes a legal notice prescribed by the department describing the location of the proposed well or wells, the amounts of water to be withdrawn, and other details deemed necessary by the department. The notice must state that a person wishing to assert a claim of impairment of another water right may do so by filing the claim with the department and the deadline for doing so. The notice must be published once a week for two consecutive weeks in a newspaper of general circulation in the area in which the well or wells would be located;

(ii) That, within thirty days of the last date of publication of the legal notice, no claims of impairment are filed with the department relating to the proposed replacement or additional well or wells; and

(iii) That the conditions of subsection (3)(a) through (g) of this section are met.

(b) If any claims of impairment are filed with the department, the department shall make a determination regarding the impairment claim or claims and shall issue its determination in writing, stating either that it finds that there will be impairment (a "finding of impairment") or that it finds there will not be impairment (a "finding of no impairment"). The department's written determination may be appealed to the pollution control hearings board as provided in chapter 43.21B RCW.

(c) Where an impairment claim has been filed, a replacement well may only be constructed under this subsection (5) after a final resolution of the impairment claim results in a finding of no impairment. Final resolution of an impairment claim occurs at the expiration of the appeal period following a final determination by the department, the pollution control hearings board, and any reviewing court."

Representative Chandler spoke in favor of the adoption of the amendment to the amendment.

Representative Rockefeller spoke against the adoption of the amendment to the amendment.

The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (275) to amendment (259) to Substitute House Bill No. 1337.

The Clerk called the roll on the adoption of amendment (275) to amendment (259) to Substitute House Bill No. 1337, and the amendment was adopted by the following vote: Yeas - 49, Nays - 48, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hatfield, Hinkle, Holmquist, Jarrett, Kessler, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 49.

Voting nay: Representatives Berkey, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hudgins, Hunt, Hunter, Kagi, Kenney, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 48.

Representative Kessler, having voted on the prevailing side, moved to immediately reconsider the vote by which amendment (275) to amendment (259) by which was adopted. The motion was carried.

The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (275) to amendment (259) to Substitute House Bill No. 1337.

The Clerk called the roll on the adoption of amendment ((275) to amendment (259) to Substitute House Bill No. 1337, and the amendment was not adopted by the following vote: Yeas - 44, Nays - 53, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hatfield, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Talcott, Tom and Woods - 44.

Voting nay: Representatives Berkey, Bush, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Sump, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 53.

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

Representatives Rockefeller, Linville and Mastin spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1337.

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1337 and the bill passed the House by the following vote: Yeas - 60, Nays - 37, Absent - 0, Excused - 1.

Voting yea: Representatives Berkey, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Shabro, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 60.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hatfield, Hinkle, Holmquist, Kessler, Kristiansen, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Pflug, Roach, Schindler, Schoesler, Sehlin, Skinner, Sump and Talcott - 37.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1337, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1338, By Representatives Linville, Kirby, Lantz, Rockefeller, Shabro, Jarrett, Grant, Quall, Hunt, Delvin, Wallace, Woods, Benson, Morris and Conway; by request of Governor Locke

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1338 was substituted for House Bill No. 1338 and the second substitute bill was placed on the second reading calendar.

With the consent of the House, amendments (225), (268), (226), (203), (227), (204) and (228) were withdrawn.

"NEW SECTION. Sec. 1. The legislature finds that state laws have long recognized that communities are dynamic entities. The legislature also finds that any interpretation of its laws that would require its communities to be ossified or frozen in time or would require their future growth to be precisely predictable defies the needs of human society. The legislature has provided numerous means and considerable guidance to its communities regarding their growth and for providing essential services within them as they grow. While the legislature recognizes that the totality of the statutory law that governs such communities is found in a wide variety of places throughout the codified version of the statute laws, the Revised Code of Washington, the legislature also recognizes that it has not always expressly announced in the portion of those statutes generally referred to as the state's water laws how the nature of water rights held by municipal water suppliers accommodates the growth of and changes in communities and the requirements placed on them and authorities granted to them by other laws. The legislature finds that this is in part because state policies in the administration of the water laws have reflected the dynamic nature of human habitation and population growth from within and from without the state. For a very long time, these policies recognized that a water right for municipal water supply purposes is "perfected" when facilities for diverting or withdrawing and distributing the water are constructed but before all of the water is placed to actual use within the community or communities served.

With the enactment of this legislation, the legislature intends to provide within the water laws a curative clarification of the relationship of water rights for municipal water supply purposes to the requirements of other law and the realities of growth.

((As used in this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(3) "Municipal water supplier" means an entity that supplies water for municipal water supply purposes.

(4) "Municipal water supply purposes" means a beneficial use of water: (a) For residential purposes through fifteen or more residential service connections or for providing residential use of water for a nonresidential population that is, on average, at least twenty-five people for at least sixty days a year; (b) for governmental or governmental proprietary purposes; or (c) indirectly for the purposes in (a) or (b) of this subsection through the delivery of treated or raw water to a public water system for such use. If water is beneficially used under a water right for the purposes listed in (a), (b), or (c) of this subsection, any other beneficial use of water under the right generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, or related purposes.

(5) "Person" means any firm, association, water users' association, corporation, irrigation district, or municipal corporation, as well as an individual.

NEW SECTION. Sec. 3. A new section is added to chapter 90.03 RCW to read as follows:

Beneficial uses of water under a municipal water supply purposes water right may include water for:

(1) Uses that benefit fish and wildlife, water quality, or other instream resources or related habitat values; or

(2) Uses that are needed to implement environmental obligations called for by a watershed plan approved under chapter 90.82 RCW or a comprehensive watershed plan adopted under RCW 90.54.040(1), a federally approved habitat conservation plan prepared in response to the listing of a species as being endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., a hydropower license of the federal energy regulatory commission, or a comprehensive irrigation district management plan.

NEW SECTION. Sec. 4. A new section is added to chapter 90.03 RCW to read as follows:

When requested by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply purposes, as defined in RCW 90.03.015, are correctly identified as being for municipal water supply purposes.

NEW SECTION. Sec. 5. A new section is added to chapter 90.14 RCW to read as follows:

When a municipal water supplier acquires an existing water right that is not a municipal water supply purpose right, that right is not subject to relinquishment for nonuse occurring during the time that the acquirer diligently seeks the department's approval to change the right to municipal water supply purposes. Once a change to municipal water supply purposes is approved by the department, the right is thereafter subject to the exception from relinquishment in RCW 90.14.140(2)(d).

Sec. 6. RCW 90.14.031 and 1969 ex.s. c 284 s 12 are each amended to read as follows:

((Unless a different meaning is plainly required by the context, the following words and phrases as used in RCW 90.14.031 through 90.14.121 shall have the following meanings:))

(1) The definitions in this subsection apply throughout this chapter unless the context clearly requires otherwise.

(a) "Municipal water supplier" has the same meaning as defined in RCW 90.03.015.

(b) "Municipal water supply purpose" has the same meaning as defined in RCW 90.03.015.

(2) The definitions in this subsection apply throughout RCW 90.14.031 through 90.14.121 unless the context clearly requires otherwise.

(a) "Person" shall mean an individual, partnership, association, public or private corporation, city or other municipality, county, or a state agency, and the United States of America when claiming water rights established under the laws of the state of Washington.

(((2))) (b) "Beneficial use" shall include, but not be limited to, use for domestic water, irrigation, fish, shellfish, game and other aquatic life, municipal, recreation, industrial water, generation of electric power, and navigation.

(1) Each application for permit to appropriate water shall set forth the name and post office address of the applicant, the source of water supply, the nature and amount of the proposed use, the time during which water will be required each year, the location and description of the proposed ditch, canal, or other work, the time within which the completion of the construction and the time for the complete application of the water to the proposed use.

(2) If for agricultural purposes, ((it)) the application shall give the legal subdivision of the land and the acreage to be irrigated, as near as may be, and the amount of water expressed in acre feet to be supplied per season. If for power purposes, it shall give the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the uses to which the power is to be applied.

(3) If for construction of a reservoir, ((it)) the application shall give the height of the dam, the capacity of the reservoir, and the uses to be made of the impounded waters.

(4) If for community or multiple domestic water supply, the application shall give the projected number of service connections sought to be served. However, for a municipal water supplier that has an approved water system plan under chapter 43.20 RCW or an approval from the department of health to serve a specified number of service connections, the service connection figure in the application or any subsequent water right document is not an attribute limiting exercise of the water right as long as the number of service connections to be served under the right is consistent with the approved water system plan or specified number.

(5) If for municipal water supply, ((it)) the application shall give the present population to be served, and, as near as may be estimated, the future requirement of the municipality. However, for a municipal water supplier that has an approved water system plan under chapter 43.20 RCW or an approval from the department of health to serve a specified number of service connections, the population figures in the application or any subsequent water right document are not an attribute limiting exercise of the water right as long as the population to be provided water under the right is consistent with the approved water system plan or specified number.

(6) If for mining purposes, ((it)) the application shall give the nature of the mines to be served and the method of supplying and utilizing the water; also their location by legal subdivisions.

(7) All applications shall be accompanied by such maps and drawings, in duplicate, and such other data, as may be required by the department, and such accompanying data shall be considered as a part of the application.

(1) Within service areas established pursuant to chapter((s)) 43.20 ((and)) or 70.116 RCW, the department of ecology and the department of health shall coordinate approval procedures to ensure compliance and consistency with the approved water system plan.

(2) The effect of the department of health's approval of a planning or engineering document that describes a municipal water supplier's service area under chapter 43.20 RCW, or the local legislative authority's approval of service area boundaries in accordance with procedures adopted pursuant to chapter 70.116 RCW, is that the place of use of a surface water right or ground water right used by the supplier is equivalent to, and coexistent with, the approved service area if the supplier is in compliance with the terms of the water system plan or small water system management program, including those regarding water conservation, and the alteration of the place of use is not inconsistent, regarding an area added to the place of use, with: Any comprehensive plans or development regulations adopted under chapter 36.70A RCW; any other comprehensive plan, land use plan, or development regulation adopted by a city, town, or county; or any watershed plan approved under chapter 90.82 RCW.

(3) A municipal water supplier must implement cost-effective water conservation in accordance with the requirements of sections 10 and 11 of this act as part of its approved water system plan or small water system management program. With regard to water diverted or withdrawn by the municipal water supplier under a particular surface or ground water right a portion of which is an inchoate right, a municipal supplier with one thousand or more service connections must document an improvement in the efficiency of water use or delivery under the right over the last six years before it may divert or withdraw further amounts of its inchoate right for beneficial use. When establishing or extending a surface or ground water right construction schedule under RCW 90.03.320, the department must take into consideration the public water system's use of conserved water.

(1) Upon a showing satisfactory to the department that any appropriation has been perfected in accordance with the provisions of this chapter, it shall be the duty of the department to issue to the applicant a certificate stating such facts in a form to be prescribed by ((him)) the director, and such certificate shall thereupon be recorded with the department. Any original water right certificate issued, as provided by this chapter, shall be recorded with the department and thereafter, at the expense of the party receiving the same, be transmitted by the department ((transmitted)) to the county auditor of the county or counties where the distributing system or any part thereof is located, and be recorded in the office of such county auditor, and thereafter be transmitted to the owner thereof.

(2) Except as provided for the issuance of certificates under RCW 90.03.240 and for the issuance of certificates following the approval of a change, transfer, or amendment under RCW 90.03.380 or 90.44.100, the department shall not revoke or diminish a certificate for a surface or ground water right for municipal water supply purposes as defined in RCW 90.03.015 unless the certificate was issued with ministerial errors or was obtained through misrepresentation. The department may adjust such a certificate under this subsection if ministerial errors are discovered, but only to the extent necessary to correct the ministerial errors. The department may diminish the right represented by such a certificate if the certificate was obtained through a misrepresentation on the part of the applicant or permit holder, but only to the extent of the misrepresentation. The authority provided by this subsection does not include revoking, diminishing, or adjusting a certificate based on any change in policy regarding the issuance of such certificates that has occurred since the certificate was issued. This subsection may not be construed as providing any authority to the department to revoke, diminish, or adjust a certificate for a water right for any purpose other than municipal water supply purposes.

(3) This subsection applies to the water right represented by a water right certificate issued prior to the effective date of this section for municipal water supply purposes as defined in RCW 90.03.015 where the certificate was issued based on an administrative policy for issuing such certificates once works for diverting or withdrawing and distributing water for municipal supply purposes were constructed rather than after the water had been placed to actual beneficial use. Such a water right is a right in good standing as long as the potential use and use of water under the right is consistent with the principles of the administrative policy that led to its being issued, as that policy existed when the certificate was issued.

(4) After the effective date of this section, the department must issue a new certificate under subsection (1) of this section for a water right represented by a water right permit only for the perfected portion of a water right as demonstrated through actual beneficial use of water.

NEW SECTION. Sec. 10. A new section is added to chapter 70.119A RCW to read as follows:

(1) The purpose of this section is to establish water use efficiency requirements designed to ensure efficient use of water while maintaining system financial viability, improving affordability of supplies, and enhancing system reliability. The requirements apply to all municipal water suppliers, as defined in RCW 90.03.015, and must be tailored to be appropriate for a system's size, forecasted demand, and supply constraints.

(a) Establish performance measures to be used in measuring the progress a municipal water supplier is making in achieving its water conservation objectives under section 11 of this act which include, but are not limited to, those regarding water distribution system leakage, collection and reporting of source production and water consumption data, and timelines for setting and achieving cost-effective conservation objectives over time;

(b) Establish criteria that identify how the department will determine whether municipal water suppliers are fulfilling the obligations established for them in section 11 of this act when the department reviews the conservation elements of water system plans and small water system management programs, submitted to it under chapter 43.20 RCW or submitted as part of coordinated water system planning under chapter 70.116 RCW. The criteria must take into consideration the historic conservation performance and conservation investment of the supplier, regional climate variations, and the supplier's customer base demographics, forecasted demand, and system supply constraints;

(d) Ensure compliance with the provisions of this section and section 11 of this act. The compliance processes established under this section must incorporate the graduated approach specified for the enforcement of water laws in RCW 90.03.605(1) (a) through (c).

(3) The rules adopted by the department under subsection (2) of this section must not establish state conservation requirements that are less stringent than those in effect on the effective date of this section. For the reporting required by subsection (2)(a) of this section, the rules shall require that municipal water suppliers document that they are maintaining or improving conservation performance at the water system level.

(4) The department must establish an advisory committee to assist it in developing rules under this section. The advisory committee must include representatives from public water system customers, environmental interest groups, business interest groups, a representative cross-section of municipal water suppliers, a person employed by a municipal water supplier as a water conservation expert, tribal governments, the department of ecology, and any other members determined necessary by the department.

(5) The department must provide, upon request, technical assistance to public water systems and local governments regarding water conservation. The assistance must be available regarding, but is not limited to, the development of best management practices for water conservation programs, conservation landscape ordinances, conservation rate structures for public water systems, and general public education programs on water conservation.

NEW SECTION. Sec. 11. A new section is added to chapter 70.119A RCW to read as follows:

A municipal water supplier, as defined in RCW 90.03.015, must integrate conservation planning into its overall system operation and management and must appropriately fund conservation activities. A municipal water supplier must adopt and achieve water conservation objectives as part of its water system plan or small water system management program developed under chapter 43.20 RCW or as part of a coordinated water system plan under chapter 70.116 RCW. A municipal water supplier must improve the efficiency of its water system or systems over time, relative to past performance, and must assist the users of its water in improving the efficiency of their water use.

Prior to the date by which the department must adopt rules under section 10(2) of this act and for the purposes of chapter 90.03 RCW, a municipal water supplier with one thousand or more service connections is in compliance with the terms of its water system plan regarding water conservation if the supplier is in compliance with the conservation elements of its current plan and it can document an improvement in the efficiency of water use or delivery in the system over the last six years and there is no loss of conservation performance prior to the adoption of the rules.

NEW SECTION. Sec. 12. A new section is added to chapter 90.54 RCW to read as follows:

The department shall prioritize the expenditure of funds and other resources for programs related to streamflow restoration in watersheds where the exercise of inchoate water rights may have a larger effect on streamflows and other water uses.

NEW SECTION. Sec. 13. A new section is added to chapter 43.20 RCW to read as follows:

The department shall consult with the departments of ecology, fish and wildlife, and community, trade, and economic development when it approves water system plans of public water systems. In approving such a plan, the department shall ensure that water service to be provided by the system under the plan for any new industrial, commercial, or residential use is consistent with the requirements of any comprehensive plans or development regulations adopted under chapter 36.70A RCW or any other comprehensive plan, land use plan, or development regulation adopted by a city, town, or county for the service area. The department shall also ensure that the plan accommodates the duty of the public water system to provide water for new residential use within its service area as described in section 14 of this act.

NEW SECTION. Sec. 14. A new section is added to chapter 43.20 RCW to read as follows:

The first choice of water supply for a new residential use of water within the service area of public water system, for which a public water system plan is required under this chapter, is water service from the public water system. The public water system has a duty to provide the water service within its service area if its service can be available in a timely and cost-effective manner and it has sufficient water rights to provide the service. Any water service provided shall be consistent with the requirements of any comprehensive plans or development regulations adopted under chapter 36.70A RCW or any other comprehensive plan, land use plan, or development regulation adopted by a city, town, or county for the service area. The service is available in a timely manner if the water can be provided within one hundred twenty days of the date the request for water service is made to the system by the party representing the new residential use, unless the party requests a longer period. The service is available in a cost- effective manner if the total cost to obtain the water from the public water system, including but not limited to construction and engineering costs, connection fees, and operating costs, does not exceed one hundred twenty percent of the total cost of providing water service from a well for the new residential use under the permit exemption of RCW 90.44.050.

NEW SECTION. Sec. 15. A new section is added to chapter 43.20 RCW to read as follows:

When a water system plan is regularly submitted to the department for review and approval, which on the effective date of this section occurs every six years, the plan must demonstrate that any new use of the inchoate water right of the system under the plan will be consistent with meeting the timelines and interim milestones established under section 5, chapter . . ., Laws of 2003 (section 5, Engrossed Substitute House Bill No. 2336) or section 8, chapter . . ., Laws of 2003 (section 8, Engrossed Substitute House Bill No. 1336) for achieving instream flows in the watershed in which water is diverted or withdrawn under the right. Public water systems shall provide public notice before submitting a water system plan or major revisions to a water system plan for approval under this chapter or under chapter 70.116 RCW. This section applies only to water systems for which a water system plan must be approved under this chapter or chapter 70.116 RCW.

The department of ecology shall require sewer plans to include a discussion of water conservation measures considered or underway that would reduce flows to the sewerage system and an analysis of their anticipated impact on public sewer service and treatment capacity.

The evaluation of any plans submitted under RCW 90.48.110 must include consideration of opportunities for the use of reclaimed water as defined in RCW 90.46.010. Wastewater plans submitted under RCW 90.48.110 must include a statement describing how applicable reclamation and reuse elements will be coordinated as required under RCW 90.46.120(2).

(1) The owner of a wastewater treatment facility that is reclaiming water with a permit issued under this chapter has the exclusive right to any reclaimed water generated by the wastewater treatment facility. Use and distribution of the reclaimed water by the owner of the wastewater treatment facility is exempt from the permit requirements of RCW 90.03.250 and 90.44.060. Revenues derived from the reclaimed water facility shall be used only to offset the cost of operation of the wastewater utility fund or other applicable source of system-wide funding.

(2) If the proposed use or uses of reclaimed water are intended to augment or replace potable water supplies or create the potential for the development of additional potable water supplies, such use or uses shall be considered in the development of the regional water supply plan or plans addressing potable water supply service by multiple water purveyors. The owner of a wastewater treatment facility that proposes to reclaim water shall be included as a participant in the development of such regional water supply plan or plans.

(3) Where opportunities for the use of reclaimed water exist within the period of time addressed by a water supply plan or coordinated water system plan developed under chapter 43.20 or 70.116 RCW, these plans must be developed and coordinated to ensure that opportunities for reclaimed water are evaluated. The requirements of this subsection (3) do not apply to water system plans developed under chapter 43.20 RCW for utilities serving less than one thousand service connections.

NEW SECTION. Sec. 19. A new section is added to chapter 90.03 RCW to read as follows:

(1) An unperfected surface water right for municipal water supply purposes or a portion thereof held by a municipal water supplier may be changed or transferred in the same manner as provided by RCW 90.03.380 for any purpose if:

(a) The supplier is in compliance with the terms of an approved water system plan or small water system management program under chapter 43.20 or 70.116 RCW that applies to the supplier, including those regarding water conservation;

(b) Instream flows have been established by rule for the water resource inventory area, as established in chapter 173-500 WAC as it exists on the effective date of this section, that is the source of the water for the transfer or change;

(c) A comprehensive watershed plan has been approved for the water resource inventory area under chapter 90.82 RCW that satisfies the requirements of sections 5, 6, and 7, chapter . . ., Laws of 2003 (sections 5, 6, and 7 of SHB 1336) or has been adopted under RCW 90.54.040(1) that satisfies the requirements of section 9, chapter . . ., Laws of 2003 (section 9 of SHB 1336); and

(d) Stream flows that satisfy the instream flows referred to in (b) of this subsection are met or the milestones for satisfying those instream flows referred to in (c) of this subsection are being met.

(2) If the criteria listed in subsection (1)(a) through (d) of this section are not satisfied, an unperfected surface water right for municipal water supply purposes or a portion thereof held by a municipal water supplier may nonetheless be changed or transferred in the same manner as provided by RCW 90.03.380 if the change or transfer is:

(a) Subject to stream flow protection or restoration requirements contained in: A federally approved habitat conservation plan under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., a hydropower license of the federal energy regulatory commission, or a watershed agreement established under section 21 of this act;

(b) For a water right that is subject to instream flow requirements or agreements with the department and the change or transfer is also subject to those instream flow requirements or agreements; or

(c) For resolving or alleviating a public health or safety emergency caused by a failing public water supply system currently providing potable water to existing users, as such a system is described in section 20 of this act, and if the change, transfer, or amendment is for correcting the actual or anticipated cause or causes of the public water system failure. Inadequate water rights for a public water system to serve existing hookups or to accommodate future population growth or other future uses do not constitute a public health or safety emergency.

(3) If the recipient of water under a change or transfer authorized by subsection (1) of this section is a water supply system, the receiving system must also be in compliance with the terms of an approved water system plan or small water system management program under chapter 43.20 or 70.116 RCW that applies to the system, including those regarding water conservation.

(4) The department must provide notice to affected tribes of any transfer or change proposed under this section.

NEW SECTION. Sec. 20. A new section is added to chapter 90.03 RCW to read as follows:

To be considered a failing public water system for the purposes of section 19 of this act, the department of health, in consultation with the department and the local health authority, must make a determination that the system meets one or more of the following conditions:

(1) A public water system has failed, or is in danger of failing within two years, to meet state board of health standards for the delivery of potable water to existing users in adequate quantity or quality to meet basic human drinking, cooking, and sanitation needs or to provide adequate fire protection flows;

(2) The current water source has failed or will fail so that the public water system is or will become incapable of exercising its existing water rights to meet existing needs for drinking, cooking, and sanitation purposes after all reasonable conservation efforts have been implemented; or

(3) A change in source is required to meet drinking water quality standards and avoid unreasonable treatment costs, or the state department of health determines that the existing source of supply is unacceptable for human use.

NEW SECTION. Sec. 21. A new section is added to chapter 90.03 RCW to read as follows:

(1) On a pilot project basis, the department may enter into watershed agreements with one or more municipal water suppliers in a watershed to meet the objectives established in a water resource management program approved or being developed under chapter 90.82 RCW. The term of an agreement may not exceed ten years, but the agreement may be renewed or amended upon agreement of the parties.

(a) Growth management plans developed under chapter 36.70A RCW where these plans are adopted and in effect;

(b) Water supply plans and small water system management programs approved under chapter 43.20 or 70.116 RCW;

(d) Water use efficiency and conservation requirements and standards established by the state department of health or such requirements and standards as are provided in an approved watershed plan, whichever are the more stringent.

(a) Require the public water system operated by the participating municipal water supplier to meet obligations under the watershed plan;

(c) Provide for monitoring of stream flows and metering of water use as needed to ensure that the terms of the agreement are met; and

(d) Require annual reports from the water users regarding performance under the agreement.

(4) As needed to implement watershed agreement activities, the department may provide or receive funding, or both, under its existing authorities.

(5) The department must provide opportunity for public review of a proposed agreement before it is executed. The department must make proposed and executed watershed agreements and annual reports available on the department's internet web site.

(6) The department must consult with affected local governments and the state departments of health and fish and wildlife before executing an agreement.

(7) Before executing a watershed agreement, the department must conduct a government-to-government consultation with affected tribal governments. The municipal water suppliers operating the public water systems that are proposing to enter the agreements must be invited to participate in the consultations. During these consultations, the department and the municipal water suppliers shall explore the potential interest of the tribal governments or governments in participating in the agreement.

(8) Any person aggrieved by the department's failure to satisfy the requirements in subsection (3) of this section as embodied in the department's decision to enter a watershed agreement under this section may, within thirty days of the execution of such an agreement, appeal the department's decision to the pollution control hearings board under chapter 43.21B RCW.

(9) Any projects implemented by a municipal water system under the terms of an agreement reached under this section may be continued and maintained by the municipal water system after the agreement expires or is terminated as long as the conditions of the agreement under which they were implemented continue to be met.

(10) The departments of ecology and fish and wildlife must select, with the approval of the county legislative authorities of the counties involved, up to two areas engaged in watershed planning under this chapter to participate on a voluntary basis in the pilot project. The pilot areas selected should be planning areas that are relatively advanced in the development and adoption of their plans.

(11) Before December 31, 2003, and December 31, 2004, the department must report to the appropriate committees of the legislature the results of the pilot projects provided for in this section. Based on the experience of the pilot project areas, the department must offer any suggested changes in law that would improve, facilitate, and maximize the implementation of watershed plans adopted under this chapter.

NEW SECTION. Sec. 22. A new section is added to chapter 90.03 RCW to read as follows:

The department may not enter into new watershed agreements under section 21 of this act after July 1, 2008. This section does not apply to the renewal of agreements in effect prior to that date.

NEW SECTION. Sec. 23. A new section is added to chapter 90.03 RCW to read as follows:

The department shall give priority to processing new water right applications under RCW 90.03.290, reservoir permits under RCW 90.03.370, and applications for changes and transfers under RCW 90.03.380 through 90.03.397, whenever necessary to provide for timely and effective implementation of a watershed plan adopted under chapter 90.82 RCW or RCW 90.54.040(1) or a watershed agreement authorized under section 21 of this act. This section applies only to the sequence of application processing and does not affect the relative priority date of any resulting water rights.

NEW SECTION. Sec. 24. A new section is added to chapter 90.44 RCW to read as follows:

The department shall give priority to processing new water right applications under RCW 90.44.050, and applications for changes and transfers under RCW 90.44.100 and 90.44.105, whenever necessary to provide for timely and effective implementation of a watershed plan adopted under chapter 90.82 RCW or RCW 90.54.040(1) or a watershed agreement authorized under section 21 of this act. This section applies only to the sequence of application processing and does not affect the relative priority date of any resulting water rights.

NEW SECTION. Sec. 25. The legislature does not intend to appropriate additional funds for the implementation of this act and expects all affected state agencies to implement this act's provisions within existing funds.

NEW SECTION. Sec. 26. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

Representative Chandler moved the adoption of amendment (267) to amendment (260):

On page 2, line 24 of the striking amendment, after "spaces," insert "institutional, landscaping, fire flow, water system maintenance and repair,"

Representatives Chandler and Linville spoke in favor of the adoption of the amendment.

On page 5, line 34 of the striking amendment, after "with" strike all material through "county; or" on page 6, line 1

On page 10, line 6 of the striking amendment, after "that" strike all material through "that" on line 12

On page 10, line 24, after "service." strike all material through "area." on line 28

The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (279) to amendment (260) to Second Substitute House Bill No. 1338.

The Clerk called the roll on the adoption of amendment (279) to amendment (260) to Second Substitute House Bill No. 1338, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 50, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hatfield, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 47.

Voting nay: Representatives Berkey, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 50.

Representative Chandler moved the adoption of amendment (269) to amendment (260):

On page 7, after line 22 of the striking amendment, strike all of subsection (4) of section 9

Representative Chandler spoke in favor of the adoption of the amendment to the amendment.

Representative Linville spoke against the adoption of the amendment to the amendment.

The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (269) to amendment (260) to Second Substitute House Bill No. 1338.

The Clerk called the roll on the adoption of amendment (269) to amendment (260) to Second Substitute House Bill No. 1338, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 50, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hatfield, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 47.

On page 10, line 28 of the striking amendment, after "area" insert "and, for water service by the water utility of a city or town, with the utility service extension ordinances of the city or town"

Representatives Veloria and Chandler spoke in favor of the adoption of amendment (261) to amendment (260).

Representative Chandler moved the adoption of amendment (270) to amendment (260):

Renumber the remaining sections consecutively and correct internal references accordingly.

Representatives Chandler and Linville spoke in favor of the adoption of amendment (270) to the amendment (260).

The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (270) to amendment (260) to Second Substitute House Bill No. 1338.

The Clerk called the roll on the adoption of amendment (270) to amendment (260) to Second Substitute House Bill No. 1338, and the amendment was adopted by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

Representative Chandler moved the adoption of amendment (271) to amendment (260):

On page 14, after line 27 of the striking amendment, strike all of sections 21 and 22

Renumber the remaining sections consecutively and correct internal references accordingly.

Representative Chandler spoke in favor of the adoption of amendment (271) to amendment (260).

Representative Linville spoke against the adoption of amendment (271) to the amendment (260).

Representative Chandler moved the adoption of amendment (272) to amendment (260):

On page 16, after line 29 of the striking amendment, strike all of sections 23 and 24

Representatives Chandler and Linville spoke in favor of the adoption of amendment (272) to amendment (260).

Representatives Linville and McIntire spoke in favor of the adoption of amendment (260) as amended.

Representative Chandler spoke against the adoption of amendment (260) as amended.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1338.

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1338 and the bill passed the House by the following vote: Yeas - 57, Nays - 40, Absent - 0, Excused - 1.

Voting yea: Representatives Berkey, Cairnes, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pearson, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Shabro, Simpson, Sommers, Sullivan, Tom, Veloria, Wallace, Wood, Woods and Mr. Speaker - 57.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hatfield, Hinkle, Holmquist, Kessler, Mastin, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pflug, Roach, Schindler, Schoesler, Schual-Berke, Sehlin, Skinner, Sump, Talcott and Upthegrove - 40.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1338, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1210, By Representatives O'Brien, Buck, Haigh, Mielke, Conway and Campbell; by request of Governor Locke and Attorney General

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1210.

The Clerk called the roll on the final passage of House Bill No. 1210 and the bill passed the House by the following vote: Yeas - 77, Nays - 20, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Clibborn, Condotta, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Eickmeyer, Ericksen, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hunter, Jarrett, Kagi, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDonald, McMahan, McMorris, Mielke, Miloscia, Morrell, Morris, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pflug, Priest, Quall, Roach, Rockefeller, Schindler, Schoesler, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Wallace, Wood, Woods and Mr. Speaker - 77.

Voting nay: Representatives Chase, Cody, Darneille, Dickerson, Dunshee, Flannigan, Hudgins, Hunt, Kenney, McDermott, McIntire, Moeller, Murray, Pettigrew, Romero, Ruderman, Santos, Schual-Berke, Upthegrove and Veloria - 20.

HOUSE BILL NO. 1210, having received the necessary constitutional majority, was declared passed.

There being no objection, the House adjourned until 9:00 a.m., March 19, 2003, the 66^th Day of the Regular Session.