WHEREAS, Babies are miracles with endless promise and hope; and

      WHEREAS, Each child brings new hope for a happier, more peaceful world; and

      WHEREAS, Jordan Lee Sides, born March 28, 2003, is the new granddaughter of Senator Hale; and

      WHEREAS, Kristina Ruth Akselsen, born February 10, 2003, is the new great granddaughter of Senator Deccio; and

      WHEREAS, Mia Moyes, born August 23, 2002, is the new granddaughter of Senator Fraser; and

      WHEREAS, Sven Richard Haugen, born March 10, 2002, Edith Lunde, born March 26, 2002, and Robert Anthony Badley, born October 10, 2002, are the most recent additions to Senator Haugen's family; and

      WHEREAS, Joshua Dwight Hammingh, born January 26, 2003, is the new grandson of Senator Honeyford; and

      WHEREAS, Spencer Johnson Smith, born May 7, 2002, and Jack Thomas Johnson, born July 5, 2002, are the most recent additions to Senator Johnson's family; and

      WHEREAS, Finley Kohl Cooper, born June 26, 2002, is the new grandson of Senator Kohl-Welles; and

      WHEREAS, Georgia Suzanne McAuliffe, born September 6, 2002, is the new granddaughter of Senator McAuliffe; and

      WHEREAS, Mikyla Mulliken, born October 15, 2002, is the new granddaughter of Senator Mulliken; and

      WHEREAS, Madeline Alaine Reardon was born to Senator Reardon on June 17, 2002; and

      WHEREAS, Andrew Allen Roach, born August 15, 2002, is the new grandson of Senator Roach; and

      WHEREAS, Benjamin J. Passey, born December 11, 2002, is the new grandson of Senator Shin; and

      WHEREAS, Braden Alexander Matthews, born January 21, 2003, is the new grandson of Senator Swecker;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby welcome the 2003 Session Babies born to the members of the Senate or to the children of members of the Senate; and

      BE IT FURTHER RESOLVED, That the Washington State Senate wish all the blessings of life for Jordan, Kristina, Mia, Sven, Edith, Robert, Joshua, Spencer, Jack, Finley, Georgia, Mikyla, Madeline, Andrew, Benjamin, and Braden; and

      BE IT FURTHER RESOLVED, That Senators Hale, Deccio, Fraser, Haugen, Honeyford, Johnson, Kohl-Welles, McAuliffe, Mulliken, Reardon, Roach, Shin, and Swecker each be given an official copy of this resolution to be placed in the baby book of his or her 2003 Session Baby.

      Senators Hale, Swecker, Roach, Deccio, Haugen, Johnson, Fraser, Kohl-Welles, Mulliken, Shin, Reardon, McAuliffe, McCaslin and Honeyford spoke to Senate Resolution 8657.

MOTION

      On motion of Senator Sheahan, the Senate reverted to the sixth order of business.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

      On motion of Senator Brown, Gubernatorial Appointment No. 9151, Sharon Fairchild, as a member of the State Board for Community and Technical Colleges, was confirmed.

APPOINTMENT OF SHARON FAIRCHILD

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 45.

     Absent: Senators Horn and Zarelli - 2.

     Excused: Senators Hargrove and Poulsen - 2.

PERSONAL PRIVILEGE

      Senator McCaslin: “Mr. President, a point of personal privilege. I know you would all be on pins and needles until eleven o’clock tomorrow, but we have a current announcement. Senator Haugen and I have come to the conclusion that we are now tied, eight and eight. We will have joint presidents.”

MOTION

      On motion of Senator Hewitt, Senator Horn was excused.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1550, by House Committee on State Government (originally sponsored by Representatives Linville, Armstrong, Haigh, Buck, Schual-Berke, McDermott and Conway)

Revising the duties of and renaming the office of permit assistance.

      The bill was read the second time.

MOTION

      On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1550 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1550.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1550 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

     Absent: Senator Finkbeiner - 1.

     Excused: Senators Hargrove and Horn - 2.

      SUBSTITUTE HOUSE BILL NO. 1550, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

POINT OF INQUIRY

      Senator Deccio: “Senator McCaslin, when we talked about our children and great grandchildren, I only indicated that we had six great grandchildren. In your calculation, did you include my twenty grandchildren?”

      Senator McCaslin: “No, I didn’t know you had twenty grandchildren. No wonder you are so tired.”

      Senator Deccio: “Well, you know now. Can you recalculate, please?”

      Senator McCaslin: “Absolutely, but don’t forget, two of mine are worth forty of yours.”

       Senator Deccio: “They are different, because they have horns. Please recalculate.”

      Senator McCaslin: “Keep Senator Horn out of this.”

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1738, by House Committee on Commerce and Labor (originally sponsored by Representatives Haigh and Armstrong (by request of Office of Financial Management)

Providing for recoupment of state employee salary and wage overpayments.

      The bill was read the second time.

MOTION

      On motion of Senator Honeyford, the rules were suspended, Substitute House Bill No. 1738 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1738.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1738 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Hargrove and Horn - 2.

      SUBSTITUTE HOUSE BILL NO. 1738, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1854, by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Crouse, Sullivan, Delvin, Blake, Bush and Grant)

Allowing cities and public utility districts to purchase energy, including the capability to produce energy, from the agency.

      The bill was read the second time.

MOTION

       Senator Morton moved that the following Committee on Natural Resources, Energy and Water striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 43.52 RCW to read as follows:

       A city or district may contract to purchase from an operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city or district must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the operating agency or a city or district under the contract or other instrument.

       NEW SECTION. Sec. 2. A new section is added to chapter 54.16 RCW to read as follows:

       A district may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the district must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or district under the contract or other instrument.

       NEW SECTION. Sec. 3. A new section is added to chapter 35.92 RCW to read as follows:

       A city or town may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city or town must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.

       NEW SECTION. Sec. 4. A new section is added to chapter 35.22 RCW to read as follows:

       A city of the first class may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.

       NEW SECTION. Sec. 5. A new section is added to chapter 35.23 RCW to read as follows:

       A city of the second class may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.

       NEW SECTION. Sec. 6. A new section is added to chapter 35.27 RCW to read as follows:

       A town may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the town must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.

       NEW SECTION. Sec. 7. A new section is added to chapter 35A.80 RCW to read as follows:

       A code city may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the code city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument."

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the Committee on Natural Resources, Energy and Water striking amendment to Substitute House Bill No. 1854.

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

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

       On page 1, line 1 of the title, after "agencies;" strike the remainder of the title and insert "adding a new section to chapter 43.52 RCW; adding a new section to chapter 54.16 RCW; adding a new section to chapter 35.92 RCW; adding a new section to chapter 35.22 RCW; adding a new section to chapter 35.23 RCW; adding a new section to chapter 35.27 RCW; and adding a new section to chapter 35A.80 RCW.

MOTION

       On motion of Senator Morton, the rules were suspended, Substitute House Bill No. 1854, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1854, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1854, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Hargrove - 1.

      SUBSTITUTE HOUSE BILL NO. 1854, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2088, by House Committee on Agriculture and Natural Resources (originally sponsored by Representatives Schoesler, Chandler and Linville)

Revising provisions relating to storm water rates and charges.

      The bill was read the second time.

MOTION

       Senator Fraser moved that the following Committee on Natural Resources, Energy and Water striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 35.67.020 and 1997 c 447 s 8 are each amended to read as follows:

       (1) Every city and town may construct, condemn and purchase, acquire, add to, maintain, conduct, and operate systems of sewerage and systems and plants for refuse collection and disposal together with additions, extensions, and betterments thereto, within and without its limits((, with)). Every city and town has full jurisdiction and authority to manage, regulate, and control them and, except as provided in subsection (3) of this section, to fix, alter, regulate, and control the rates and charges for their use.

       (2) Subject to subsection (3) of this section, the rates charged under this section must be uniform for the same class of customers or service and facilities furnished. In classifying customers served or service and facilities furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors:

       (((1))) (a) The difference in cost of service and facilities to the various customers;

       (((2))) (b) The location of the various customers within and without the city or town;

       (((3))) (c) The difference in cost of maintenance, operation, repair, and replacement of the various parts of the system;

       (((4))) (d) The different character of the service and facilities furnished various customers;

       (((5))) (e) The quantity and quality of the sewage delivered and the time of its delivery;

       (((6))) (f) The achievement of water conservation goals and the discouragement of wasteful water use practices;

       (((7))) (g) Capital contributions made to the system, including but not limited to, assessments;

       (((8))) (h) The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and

       (((9))) (i) Any other matters which present a reasonable difference as a ground for distinction.

       (3) The rate a city or town may charge under this section for storm or surface water sewer systems or combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.

       (4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.

       (5) A city or town may provide assistance to aid low-income persons in connection with services provided under this chapter.

       (6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer.

       (7) Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.

       (8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using city or town employees unless the on-site system is connected by a publicly owned collection system to the city or town's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of state or local health officers to carry out their responsibilities under any other applicable law.

       Sec. 2. RCW 35.92.020 and 1997 c 447 s 9 are each amended to read as follows:

       (1) A city or town may construct, condemn and purchase, purchase, acquire, add to, alter, maintain, and operate systems, plants, sites, or other facilities of sewerage as defined in RCW 35.67.010, or solid waste handling as defined by RCW 70.95.030((, and)). A city or town shall have full authority to manage, regulate, operate, control, and, except as provided in subsection (3) of this section, to fix the price of service and facilities of those systems, plants, sites, or other facilities within and without the limits of the city or town.

       (2) Subject to subsection (3) of this section, the rates charged shall be uniform for the same class of customers or service and facilities. In classifying customers served or service and facilities furnished by a system or systems of sewerage, the legislative authority of the city or town may in its discretion consider any or all of the following factors:

       (((1))) (a) The difference in cost of service and facilities to customers;

       (((2))) (b) The location of customers within and without the city or town;

       (((3))) (c) The difference in cost of maintenance, operation, repair, and replacement of the parts of the system;

       (((4))) (d) The different character of the service and facilities furnished to customers;

       (((5))) (e) The quantity and quality of the sewage delivered and the time of its delivery;

       (((6))) (f) Capital contributions made to the systems, plants, sites, or other facilities, including but not limited to, assessments;

       (((7))) (g) The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and

       (((8))) (h) Any other factors that present a reasonable difference as a ground for distinction.

       (3) The rate a city or town may charge under this section for storm or surface water sewer systems or combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.

       (4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.

       (5) A city or town may provide assistance to aid low-income persons in connection with services provided under this chapter.

       (6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer.

       (7) Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.

       (8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using city or town employees unless the on-site system is connected by a publicly owned collection system to the city or town's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of state or local health officers to carry out their responsibilities under any other applicable law.

       Sec. 3. RCW 36.89.080 and 1998 c 74 s 1 are each amended to read as follows:

       (1) Subject to subsections (2) and (3) of this section, any county legislative authority may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits or to be served or to receive benefits from any storm water control facility or contributing to an increase of surface water runoff. In fixing rates and charges, the county legislative authority may in its discretion consider:

       (((1))) (a) Services furnished or to be furnished;

       (((2))) (b) Benefits received or to be received;

       (((3))) (c) The character and use of land or its water runoff characteristics;

       (((4))) (d) The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user;

       (((5))) (e) Income level of persons served or provided benefits under this chapter, including senior citizens and disabled persons; or

       (((6))) (f) Any other matters which present a reasonable difference as a ground for distinction.

       (2) The rate a county may charge under this section for storm water control facilities shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.

       (3) Rates and charges authorized under this section may not be imposed on lands taxed as forest land under chapter 84.33 RCW or as timber land under chapter 84.34 RCW.

       (4) The service charges and rates collected shall be deposited in a special fund or funds in the county treasury to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating storm water control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.

       Sec. 4. RCW 36.94.140 and 1997 c 447 s 12 are each amended to read as follows:

       (1) Every county, in the operation of a system of sewerage and/or water, shall have full jurisdiction and authority to manage, regulate, and control it ((and)). Except as provided in subsection (3) of this section, every county shall have full jurisdiction and authority to fix, alter, regulate, and control the rates and charges for the service and facilities to those to whom such service and facilities are available, and to levy charges for connection to the system.

       (2) The rates for availability of service and facilities, and connection charges so charged must be uniform for the same class of customers or service and facility. In classifying customers served, service furnished or made available by such system of sewerage and/or water, or the connection charges, the county legislative authority may consider any or all of the following factors:

       (((1))) (a) The difference in cost of service to the various customers within or without the area;

       (((2))) (b) The difference in cost of maintenance, operation, repair and replacement of the various parts of the systems;

       (((3))) (c) The different character of the service and facilities furnished various customers;

       (((4))) (d) The quantity and quality of the sewage and/or water delivered and the time of its delivery;

       (((5))) (e) Capital contributions made to the system or systems, including, but not limited to, assessments;

       (((6))) (f) The cost of acquiring the system or portions of the system in making system improvements necessary for the public health and safety;

       (((7))) (g) The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and

       (((8))) (h) Any other matters which present a reasonable difference as a ground for distinction.

       (3) The rate a county may charge under this section for storm or surface water sewer systems or combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.

       (4) A county may provide assistance to aid low-income persons in connection with services provided under this chapter.

       (5) The service charges and rates shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for the efficient and proper operation of the system.

       Sec. 5. RCW 57.08.005 and 1999 c 153 s 2 are each amended to read as follows:

       A district shall have the following powers:

       (1) To acquire by purchase or condemnation, or both, all lands, property and property rights, and all water and water rights, both within and without the district, necessary for its purposes. The right of eminent domain shall be exercised in the same manner and by the same procedure as provided for cities and towns, insofar as consistent with this title, except that all assessment or reassessment rolls to be prepared and filed by eminent domain commissioners or commissioners appointed by the court shall be prepared and filed by the district, and the duties devolving upon the city treasurer are imposed upon the county treasurer;

       (2) To lease real or personal property necessary for its purposes for a term of years for which that leased property may reasonably be needed;

       (3) To construct, condemn and purchase, add to, maintain, and supply waterworks to furnish the district and inhabitants thereof and any other persons, both within and without the district, with an ample supply of water for all uses and purposes public and private with full authority to regulate and control the use, content, distribution, and price thereof in such a manner as is not in conflict with general law and may construct, acquire, or own buildings and other necessary district facilities. Where a customer connected to the district's system uses the water on an intermittent or transient basis, a district may charge for providing water service to such a customer, regardless of the amount of water, if any, used by the customer. District waterworks may include facilities which result in combined water supply and electric generation, if the electricity generated thereby is a byproduct of the water supply system. That electricity may be used by the district or sold to any entity authorized by law to use or distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of water supply. For such purposes, a district may take, condemn and purchase, acquire, and retain water from any public or navigable lake, river or watercourse, or any underflowing water, and by means of aqueducts or pipeline conduct the same throughout the district and any city or town therein and carry it along and upon public highways, roads, and streets, within and without such district. For the purpose of constructing or laying aqueducts or pipelines, dams, or waterworks or other necessary structures in storing and retaining water or for any other lawful purpose such district may occupy the beds and shores up to the high water mark of any such lake, river, or other watercourse, and may acquire by purchase or condemnation such property or property rights or privileges as may be necessary to protect its water supply from pollution. For the purposes of waterworks which include facilities for the generation of electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owner;

       (4) To purchase and take water from any municipal corporation, private person, or entity. A district contiguous to Canada may contract with a Canadian corporation for the purchase of water and for the construction, purchase, maintenance, and supply of waterworks to furnish the district and inhabitants thereof and residents of Canada with an ample supply of water under the terms approved by the board of commissioners;

       (5) To construct, condemn and purchase, add to, maintain, and operate systems of sewers for the purpose of furnishing the district, the inhabitants thereof, and persons outside the district with an adequate system of sewers for all uses and purposes, public and private, including but not limited to on-site sewage disposal facilities, approved septic tanks or approved septic tank systems, on- site sanitary sewerage systems, inspection services and maintenance services for private and public on-site systems, point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a district, other facilities, programs, and systems for the collection, interception, treatment, and disposal of wastewater, and for the control of pollution from wastewater with full authority to regulate the use and operation thereof and the service rates to be charged. Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on- site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer. Sewage facilities may include facilities which result in combined sewage disposal or treatment and electric generation, except that the electricity generated thereby is a byproduct of the system of sewers. Such electricity may be used by the district or sold to any entity authorized by law to distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of sewage disposal or treatment. For such purposes a district may conduct sewage throughout the district and throughout other political subdivisions within the district, and construct and lay sewer pipe along and upon public highways, roads, and streets, within and without the district, and condemn and purchase or acquire land and rights of way necessary for such sewer pipe. A district may erect sewage treatment plants within or without the district, and may acquire, by purchase or condemnation, properties or privileges necessary to be had to protect any lakes, rivers, or watercourses and also other areas of land from pollution from its sewers or its sewage treatment plant. For the purposes of sewage facilities which include facilities that result in combined sewage disposal or treatment and electric generation where the electric generation is a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owners;

       (6)(a) To construct, condemn and purchase, add to, maintain, and operate systems of drainage for the benefit and use of the district, the inhabitants thereof, and persons outside the district with an adequate system of drainage, including but not limited to facilities and systems for the collection, interception, treatment, and disposal of storm or surface waters, and for the protection, preservation, and rehabilitation of surface and underground waters, and drainage facilities for public highways, streets, and roads, with full authority to regulate the use and operation thereof and, except as provided in (b) of this subsection, the service rates to be charged.

       (b) The rate a district may charge under this section for storm or surface water sewer systems or combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.

       (c) Drainage facilities may include natural systems. Drainage facilities may include facilities which result in combined drainage facilities and electric generation, except that the electricity generated thereby is a byproduct of the drainage system. Such electricity may be used by the district or sold to any entity authorized by law to distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of drainage collection, disposal, and treatment. For such purposes, a district may conduct storm or surface water throughout the district and throughout other political subdivisions within the district, construct and lay drainage pipe and culverts along and upon public highways, roads, and streets, within and without the district, and condemn and purchase or acquire land and rights of way necessary for such drainage systems. A district may provide or erect facilities and improvements for the treatment and disposal of storm or surface water within or without the district, and may acquire, by purchase or condemnation, properties or privileges necessary to be had to protect any lakes, rivers, or watercourses and also other areas of land from pollution from storm or surface waters. For the purposes of drainage facilities which include facilities that also generate electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owners;

       (7) To construct, condemn, acquire, and own buildings and other necessary district facilities;

       (8) To compel all property owners within the district located within an area served by the district's system of sewers to connect their private drain and sewer systems with the district's system under such penalty as the commissioners shall prescribe by resolution. The district may for such purpose enter upon private property and connect the private drains or sewers with the district system and the cost thereof shall be charged against the property owner and shall be a lien upon property served;

       (9) Where a district contains within its borders, abuts, or is located adjacent to any lake, stream, ground water as defined by RCW 90.44.035, or other waterway within the state of Washington, to provide for the reduction, minimization, or elimination of pollutants from those waters in accordance with the district's comprehensive plan, and to issue general obligation bonds, revenue bonds, local improvement district bonds, or utility local improvement bonds for the purpose of paying all or any part of the cost of reducing, minimizing, or eliminating the pollutants from these waters;

       (10) Subject to subsection (6) of this section, to fix rates and charges for water, sewer, and drain service supplied and to charge property owners seeking to connect to the district's systems, as a condition to granting the right to so connect, in addition to the cost of the connection, such reasonable connection charge as the board of commissioners shall determine to be proper in order that those property owners shall bear their equitable share of the cost of the system. For the purposes of calculating a connection charge, the board of commissioners shall determine the pro rata share of the cost of existing facilities and facilities planned for construction within the next ten years and contained in an adopted comprehensive plan and other costs borne by the district which are directly attributable to the improvements required by property owners seeking to connect to the system. The cost of existing facilities shall not include those portions of the system which have been donated or which have been paid for by grants. The connection charge may include interest charges applied from the date of construction of the system until the connection, or for a period not to exceed ten years, whichever is shorter, at a rate commensurate with the rate of interest applicable to the district at the time of construction or major rehabilitation of the system, or at the time of installation of the lines to which the property owner is seeking to connect. A district may permit payment of the cost of connection and the reasonable connection charge to be paid with interest in installments over a period not exceeding fifteen years. The county treasurer may charge and collect a fee of three dollars for each year for the treasurer's services. Those fees shall be a charge to be included as part of each annual installment, and shall be credited to the county current expense fund by the county treasurer. Revenues from connection charges excluding permit fees are to be considered payments in aid of construction as defined by department of revenue rule. Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.

       Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.

       A water-sewer district shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using water-sewer district employees unless the on- site system is connected by a publicly owned collection system to the water-sewer district's sewerage system, and the on-site system represents the first step in the sewage disposal process.

       Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for sewer, water, storm water control, drainage, and street lighting facilities to the same extent private persons and private property are subject to those rates and charges that are imposed by districts. In setting those rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;

       (11) To contract with individuals, associations and corporations, the state of Washington, and the United States;

       (12) To employ such persons as are needed to carry out the district's purposes and fix salaries and any bond requirements for those employees;

       (13) To contract for the provision of engineering, legal, and other professional services as in the board of commissioner's discretion is necessary in carrying out their duties;

       (14) To sue and be sued;

       (15) To loan and borrow funds and to issue bonds and instruments evidencing indebtedness under chapter 57.20 RCW and other applicable laws;

       (16) To transfer funds, real or personal property, property interests, or services subject to RCW 57.08.015;

       (17) To levy taxes in accordance with this chapter and chapters 57.04 and 57.20 RCW;

       (18) To provide for making local improvements and to levy and collect special assessments on property benefitted thereby, and for paying for the same or any portion thereof in accordance with chapter 57.16 RCW;

       (19) To establish street lighting systems under RCW 57.08.060;

       (20) To exercise such other powers as are granted to water-sewer districts by this title or other applicable laws; and

       (21) To exercise any of the powers granted to cities and counties with respect to the acquisition, construction, maintenance, operation of, and fixing rates and charges for waterworks and systems of sewerage and drainage.

       Sec. 6. RCW 57.08.081 and 1999 c 153 s 11 are each amended to read as follows:

       (1) Subject to RCW 57.08.005(6), the commissioners of any district shall provide for revenues by fixing rates and charges for furnishing sewer and drainage service and facilities to those to whom service is available or for providing water, such rates and charges to be fixed as deemed necessary by the commissioners, so that uniform charges will be made for the same class of customer or service and facility. Rates and charges may be combined for the furnishing of more than one type of sewer or drainage service and facilities.

       (2) In classifying customers of such water, sewer, or drainage system, the board of commissioners may in its discretion consider any or all of the following factors: The difference in cost to various customers; the location of the various customers within and without the district; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service furnished various customers; the quantity and quality of the service and facility furnished; the time of its use; the achievement of water conservation goals and the discouragement of wasteful practices; capital contributions made to the system including but not limited to assessments; and any other matters which present a reasonable difference as a ground for distinction. Rates shall be established as deemed proper by the commissioners and as fixed by resolution and shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for efficient and proper operation of the system. Prior to furnishing services, a district may require a deposit to guarantee payment for services. However, failure to require a deposit does not affect the validity of any lien authorized by this section.

       (3) The commissioners shall enforce collection of connection charges, and rates and charges for water supplied against property owners connecting with the system or receiving such water, and for sewer and drainage services charged against property to which and its owners to whom the service is available, such charges being deemed charges against the property served, by addition of penalties of not more than ten percent thereof in case of failure to pay the charges at times fixed by resolution. The commissioners may provide by resolution that where either connection charges or rates and charges for services supplied are delinquent for any specified period of time, the district shall certify the delinquencies to the auditor of the county in which the real property is located, and the charges and any penalties added thereto and interest thereon at the rate of not more than the prime lending rate of the district's bank plus four percentage points per year shall be a lien against the property upon which the service was received, subject only to the lien for general taxes.

       (4) The district may, at any time after the connection charges or rates and charges for services supplied or available and penalties are delinquent for a period of sixty days, bring suit in foreclosure by civil action in the superior court of the county in which the real property is located. The court may allow, in addition to the costs and disbursements provided by statute, attorneys' fees, title search and report costs, and expenses as it adjudges reasonable. The action shall be in rem, and may be brought in the name of the district against an individual or against all of those who are delinquent in one action. The laws and rules of the court shall control as in other civil actions.

       (5) In addition to the right to foreclose provided in this section, the district may also cut off all or part of the service after charges for water or sewer service supplied or available are delinquent for a period of thirty days.

       (6) A district may determine how to apply partial payments on past due accounts.

       (7) A district may provide a real property owner or the owner's designee with duplicate bills for service to tenants, or may notify an owner or the owner's designee that a tenant's service account is delinquent. However, if an owner or the owner's designee notifies the district in writing that a property served by the district is a rental property, asks to be notified of a tenant's delinquency, and has provided, in writing, a complete and accurate mailing address, the district shall notify the owner or the owner's designee of a tenant's delinquency at the same time and in the same manner the district notifies the tenant of the tenant's delinquency or by mail. When a district provides a real property owner or the owner's designee with duplicates of tenant utility service bills or notice that a tenant's utility account is delinquent, the district shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or the owner's designee. After January 1, 1999, if a district fails to notify the owner of a tenant's delinquency after receiving a written request to do so and after receiving the other information required by this subsection (7), the district shall have no lien against the premises for the tenant's delinquent and unpaid charges.

       Sec. 7. RCW 84.33.210 and 2001 c 249 s 6 are each amended to read as follows:

       (1) Any land that is designated as forest land under this chapter at the earlier of the times the legislative authority of a local government adopts a resolution, ordinance, or legislative act (a) to create a local improvement district, in which the land is included or would have been included but for the designation, or (b) to approve or confirm a final special benefit assessment roll relating to a sanitary or storm sewerage system, domestic water supply or distribution system, or road construction or improvement, which roll would have included the land but for the designation, shall be exempt from special benefit assessments ((or)), charges in lieu of assessment, or rates and charges for storm water control facilities under RCW 36.89.080 for such purposes as long as that land remains designated as forest land, except as otherwise provided in RCW 84.33.250.

       (2) Whenever a local government creates a local improvement district, the levying, collection, and enforcement of assessments shall be in the manner and subject to the same procedures and limitations as are provided under the law concerning the initiation and formation of local improvement districts for the particular local government. Notice of the creation of a local improvement district that includes designated forest land shall be filed with the assessor and the legislative authority of the county in which the land is located. The assessor, upon receiving notice of the creation of a local improvement district, shall send a notice to the owners of the designated forest lands listed on the tax rolls of the applicable treasurer of:

       (a) The creation of the local improvement district;

       (b) The exemption of that land from special benefit assessments;

       (c) The fact that the designated forest land may become subject to the special benefit assessments if the owner waives the exemption by filing a notarized document with the governing body of the local government creating the local improvement district before the confirmation of the final special benefit assessment roll; and

       (d) The potential liability, pursuant to RCW 84.33.220, if the exemption is not waived and the land is subsequently removed from designated forest land status.

       (3) When a local government approves and confirms a special benefit assessment roll, from which designated forest land has been exempted under this section, it shall file a notice of this action with the assessor and the legislative authority of the county in which the land is located and with the treasurer of that local government. The notice shall describe the action taken, the type of improvement involved, the land exempted, and the amount of the special benefit assessment that would have been levied against the land if it had not been exempted. The filing of the notice with the assessor and the treasurer of that local government shall constitute constructive notice to a purchaser or encumbrancer of the affected land, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded, that the exempt land is subject to the charges provided in RCW 84.33.220 and 84.33.230, if the land is removed from its designation as forest land.

       (4) The owner of the land exempted from special benefit assessments under this section may waive that exemption by filing a notarized document to that effect with the legislative authority of the local government upon receiving notice from said local government concerning the assessment roll hearing and before the local government confirms the final special benefit assessment roll. A copy of that waiver shall be filed by the local government with the assessor, but the failure to file this copy shall not affect the waiver.

       (5) Except to the extent provided in RCW 84.33.250, the local government shall have no duty to furnish service from the improvement financed by the special benefit assessment to the exempted land.

       Sec. 8. RCW 86.15.160 and 1986 c 278 s 60 are each amended to read as follows:

       For the purposes of this chapter the supervisors may authorize:

       (1) An annual excess ad valorem tax levy within any zone or participating zones when authorized by the voters of the zone or participating zones under RCW 84.52.052 and 84.52.054;

       (2) An assessment upon property, including state property, specially benefited by flood control improvements or storm water control improvements imposed under chapter 86.09 RCW;

       (3) Within any zone or participating zones an annual ad valorem property tax levy of not to exceed fifty cents per thousand dollars of assessed value when the levy will not take dollar rates that other taxing districts may lawfully claim and that will not cause the combined levies to exceed the constitutional and/or statutory limitations, and the additional levy, or any portion thereof, may also be made when dollar rates of other taxing units is released therefor by agreement with the other taxing units from their authorized levies;

       (4) A charge, under RCW 36.89.080, for the furnishing of service to those who are receiving or will receive benefits from storm water control facilities and who are contributing to an increase in surface water runoff. The rate or charge imposed under this section shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested;

       (5) Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state and state property, shall be liable for the charges to the same extent a private person and privately owned property is liable for the charges, and in setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;

       (((5))) (6) The creation of local improvement districts and utility local improvement districts, the issuance of improvement district bonds and warrants, and the imposition, collection, and enforcement of special assessments on all property, including any state-owned or other publicly-owned property, specially benefited from improvements in the same manner as provided for counties by chapter 36.94 RCW."

MOTION

      Senator Fraser moved that the following amendments by Senators Fraser and Morton to the Committee on Natural Resources, Energy and Water striking amendment be considered simultaneously and be adopted:

       On page 2, line 8, after "systems or" insert "the portion of the rate allocable to the storm or surface water sewer system of"

       On page 4, line 4, after "systems or" insert "the portion of the rate allocable to the storm or surface water sewer system of"

       On page 7, line 2, after "systems or" insert "the portion of the rate allocable to the storm or surface water sewer system of"

       On page 10, line 17, after "systems or" insert "the portion of the rate allocable to the storm or surface water sewer system of"

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senators Fraser and Morton on page 2, line 8; page 4, line 4; page 7, line 2 and page 10, line 17, to the committee striking amendment to Engrossed Substitute House Bill No. 2088.

      The motion by Senator Fraser carried and the amendments to the committee striking amendment were adopted.

      The President Pro Tempore declared the question before the body to be the adoption of the Committee on Natural Resources, Energy and Water striking amendment, as amended, to Engrossed Substitute House Bill No. 2088.

      The committee striking amendment, as amended, was adopted. 

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

       On page 1, line 1 of the title, after "charges;" strike the remainder of the title and insert "and amending RCW 35.67.020, 35.92.020, 36.89.080, 36.94.140, 57.08.005, 57.08.081, 84.33.210, and 86.15.160."

MOTION

      On motion of Senator Morton, the rules were suspended, Engrossed Substitute House Bill No. 2088, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2088, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2088, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Spanel, Stevens, Swecker, West and Zarelli - 36.

     Voting nay: Senators Franklin, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Regala, Sheldon, B., Shin, Thibaudeau and Winsley - 13.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2088, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

      President Owen assumed the Chair

MOTION

      On motion of Senator Sheahan, the Senate advanced to the seventh order of business.

      EDITOR’S NOTE: Engrossed House Bill No.2030 was referred to the Committee on Rules on April 9, 2003.

THIRD READING

      ENGROSSED HOUSE BILL NO. 2030, by Representatives Kessler, Cairnes, Talcott, McDonald, Schindler, Shabro, Pearson and Holmquist (by request of Governor Locke)

Changing requirements regarding state and local tax to provide for municipal business and occupation tax uniformity and fairness.

      The bill was read the third time.

POINT OF ORDER

      Senator Hargrove: “A point of order, I would like to ask you to rule on the scope and object of the House amendment to Engrossed House Bill No. 2030. I would like to refer you to Rule 66, when ruling on the scope and object of the amendment. It is a constitutional provision and it does not limit the ruling to be Senate amendments. If I could speak on the House amendment. The House amendment to this bill added a study to the bill. Neither the title nor the original bill referred to a study, but simply the change in the B & O tax system that was in place. So, that I believe, makes the substance of the House amendment beyond the scope and object of the bill.”

REMARKS BY SENATOR SHEAHAN

      Senator Sheahan: “Arguing against the point of order by Senator Hargrove. If you look at Rule 66, if I may, Mr. President, the last sentence says, ‘A point of order raising the question of scope and object may be raised at any time during consideration of an amendment prior to voting on the amendment.’ I would suggest that since this is a House amendment the question of scope and object is not timely.”

RULING BY THE PRESIDENT

      President Owen: “Senator Hargrove, the President doesn’t believe that the constitutional issue is an issue for him to consider and that has been made clear in previous rulings and tradition and history. The Constitution is not something that the President feels that is appropriate for him to rule on. With that said, once a bill is engrossed by the House, that defines the scope and object of the bill for the consideration and how the Senate will consider the bill for the purposes of scope and object. Therefore, your point is not well taken.”

       Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2030.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed House Bill No. 2030 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Haugen, Hewitt, Honeyford, Horn, Johnson, Keiser, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West and Zarelli - 32.

     Voting nay: Senators Brown, Fairley, Franklin, Fraser, Hargrove, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala, Sheldon, B., Spanel, Thibaudeau and Winsley - 17.

      ENGROSSED HOUSE BILL NO. 2030,, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Sheahan, Engrossed House Bill No. 2030, was ordered to be immediately transmitted to the House of Representatives.

MOTION

      On motion of Senator Sheahan, the Senate returned to the sixth order of business.

MOTION

      On motion of Senator Eide, Senator Prentice was excused.

SECOND READING

      SENATE BILL NO. 6051, by Senate Committee on Ways and Means (originally sponsored by Senators Kohl-Welles, Winsley, Fairley, Poulsen and Kline)

Decreasing the payment period for excise taxes.

MOTIONS

      On motion of Senator Rossi, Substitute Senate Bill No. 6051 was substituted for Senate Bill No. 6051 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Rossi, the rules were suspended, Substitute Senate Bill No. 6051 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6051.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6051 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 0; Excused, 1.

     Voting yea: Senators Brandland, Carlson, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Thibaudeau, Winsley and Zarelli - 39.

     Voting nay: Senators Benton, Brown, Doumit, Esser, Kastama, Poulsen, Stevens, Swecker and West - 9.

     Excused: Senator Prentice - 1.

      SUBSTITUTE SENATE BILL NO. 6051, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1526, by Representatives Linville, Armstrong, Haigh, Morris, Cooper, Mastin, Gombosky, Delvin, Grant, Schoesler, Sullivan, Chandler and Schual-Berke

Revising provisions relating to cost-reimbursement agreements between state agencies and permit applicants.

      The bill was read the second time.

MOTION

      On motion of Senator Morton, the rules were suspended, House Bill No. 1526 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1526.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1526 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      HOUSE BILL NO. 1526, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      ENGROSSED HOUSE BILL NO. 2067, by Representatives Schoesler and Cox

Permitting withdrawals of public ground waters.

      The bill was read the second time.

MOTION

       Senator Morton moved that the following Committee on Natural Resources, Energy and Water striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 90.44.050 and 1987 c 109 s 108 are each amended to read as follows:

       After June 6, 1945, no withdrawal of public ground waters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided: EXCEPT, HOWEVER, That any withdrawal of public ground waters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or as provided in section 2 of this act, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal: PROVIDED, FURTHER, That at the option of the party making withdrawals of ground waters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as is in this chapter provided in the case of withdrawals in excess of five thousand gallons a day.

       NEW SECTION. Sec. 2. A new section is added to chapter 90.44 RCW to read as follows:

       (1) On a pilot project basis, the use of water for domestic use in clustered residential developments is exempt as described in subsection (2) of this section from the permit requirements of RCW 90.44.050 in Whitman county. The department must review the use of water under this section and its impact on water resources in the county and report to the legislature by December 31st of each even-numbered year through 2016 regarding its review.

       (2) For the pilot project, the domestic use of water for a clustered residential development is exempt from the permit requirements of RCW 90.44.050 for an amount of water that is not more than one thousand two hundred gallons a day per residence for a residential development that has an overall density equal to or less than one residence per ten acres and a minimum of six homes.

       (3) No new right to use water may be established for a clustered development under this section where the first residential use of water for the development begins after December 31, 2015."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Natural Resources, Energy and Water striking amendment to Engrossed House Bill No. 2067.

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

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

       On page 1, line 2 of the title, after "developments;" strike the remainder of the title and insert "amending RCW 90.44.050; and adding a new section to chapter 90.44 RCW."

MOTION

      On motion of Senator Morton, the rules were suspended, Engrossed House Bill No. 2067, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2067, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed House Bill No. 2067, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Voting nay: Senators Honeyford and Poulsen - 2.

      ENGROSSED HOUSE BILL NO. 2067, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      ENGROSSED HOUSE BILL NO. 2146, by Representatives Tom, Sullivan and Eickmeyer

Providing tax incentives for wood biomass fuel production, distribution, and sale.

      The bill was read the second time.

MOTION

       Senator Morton moved that the following Committee on Natural Resources, Energy and Water striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

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

       (1) "Applicant" means a person applying for a tax deferral under this chapter.

       (2) "Department" means the department of revenue.

       (3) "Eligible area" means a county with fewer than one hundred persons per square mile as determined annually by the office of financial management and published by the department effective for the period July 1st through June 30th, or a county that has a population of less than two hundred twenty-five thousand as determined by the office of financial management and has an area greater than two hundred twenty-five square miles.

       (4)(a) "Eligible investment project" means an investment project in an eligible area.

       (b) The lessor or owner of a qualified building is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person, or unless the lessor by written contract agrees to pass the economic benefit of the deferral to the lessee in the form of reduced rent payments.

       (c) "Eligible investment project" does not include any portion of an investment project undertaken by a light and power business as defined in RCW 82.16.010(5), other than that portion of a cogeneration project that is used to generate power for consumption within the manufacturing site of which the cogeneration project is an integral part, or investment projects which have already received deferrals under this chapter.

       (5) "Investment project" means an investment in qualified buildings or qualified machinery and equipment, including labor and services rendered in the planning, installation, and construction of the project.

       (6) "Manufacturing" means the same as defined in RCW 82.04.120. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.

       (7) "Person" has the meaning given in RCW 82.04.030.

       (8) "Qualified buildings" means construction of new structures, and expansion or renovation of existing structures for the purpose of increasing floor space or production capacity used for manufacturing and research and development activities, including plant offices and warehouses or other facilities for the storage of raw material or finished goods if such facilities are an essential or an integral part of a factory, mill, plant, or laboratory used for manufacturing or research and development. If a building is used partly for manufacturing or research and development and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.

       (9) "Qualified machinery and equipment" means all new industrial and research fixtures, equipment, and support facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified machinery and equipment" includes: Computers; software; data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; operating structures; and all equipment used to control or operate the machinery.

       (10) "Recipient" means a person receiving a tax deferral under this chapter.

       (11) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.

       (12) "Wood biomass fuel" means a pyrolytic liquid fuel or synthesis gas-derived liquid fuel, used in internal combustion engines, and produced from wood, forest, or field residue, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chroma- arsenic.

       NEW SECTION. Sec. 2. (1) Application for deferral of taxes under this chapter must be made before initiation of the construction of the investment project or acquisition of equipment or machinery. The application shall be made to the department in a form and manner prescribed by the department. The application shall contain information regarding the location of the investment project, the applicant's average employment in the state for the prior year, estimated or actual new employment related to the project, estimated or actual wages of employees related to the project, estimated or actual costs, time schedules for completion and operation, and other information required by the department.

       (2) The department shall rule on the application within sixty days. The department shall keep a running total of all deferrals granted under this chapter during each fiscal biennium.

       NEW SECTION. Sec.3. (1) The department shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on each eligible investment project that is located in an eligible area as defined in section 1 of this act, if the investment project is undertaken for the purpose of manufacturing wood biomass fuel.

       (2) This section expires July 1, 2009.

       NEW SECTION. Sec. 4. (1) For the purposes of this section:

       (a) "Eligible area" means a designated community empowerment zone approved under RCW 43.31C.020 or a county containing a community empowerment zone.

       (b) "Eligible investment project" means an investment project undertaken for the purpose of manufacturing wood biomass fuel that is located in an eligible area.

       (c) "Qualified employment position" means a permanent full-time employee employed in the eligible investment project during the entire year.

       (2) In addition to the provisions of section 3 of this act, the department shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW, on each eligible investment project that is located in an eligible area, if the applicant establishes that at the time the project is operationally complete:

       (a) The applicant will hire at least one qualified employment position for each seven hundred fifty thousand dollars of investment on which a deferral is requested; and

       (b) The positions will be filled by persons who at the time of hire are residents of the community empowerment zone. As used in this subsection, "resident" means the person makes his or her home in the community empowerment zone. A mailing address alone is insufficient to establish that a person is a resident for the purposes of this section. The persons must be hired after the date the application is filed with the department.

       (3) All other provisions and eligibility requirements of this chapter apply to applicants eligible under this section.

       (4) The qualified employment position must be filled by the end of the calendar year following the year in which the project is certified as operationally complete. If a person does not meet the requirements for qualified employment positions by the end of the second calendar year following the year in which the project is certified as operationally complete, all deferred taxes are immediately due.

       NEW SECTION. Sec. 5. (1) Each recipient of a deferral granted under this chapter after June 30, 2003, shall submit a report to the department on December 31st of the year in which the investment project is certified by the department as having been operationally completed, and on December 31st of each of the seven succeeding calendar years. The report shall contain information, as required by the department, from which the department may determine whether the recipient is meeting the requirements of this chapter. If the recipient fails to submit a report or submits an inadequate report, the department may declare the amount of deferred taxes outstanding to be immediately assessed and payable.

       (2) If, on the basis of a report under this section or other information, the department finds that an investment project is not eligible for tax deferral under this chapter, the amount of deferred taxes outstanding for the project are immediately due. For any taxes that are due, penalties and interest applicable to delinquent excise taxes shall be assessed and imposed for delinquent payments under this chapter. The debt for deferred taxes will not be extinguished by insolvency or other failure of the recipient. Transfer of ownership does not terminate the deferral. The deferral is transferred, subject to the successor meeting the eligibility requirements of this chapter, for the remaining periods of the deferral.

       (3) Deferred taxes need not be repaid if the department determines, in accordance with the provisions of subsection (1) of this section, that the recipient has met the requirements of this chapter for the seven calendar years following the certification by the department that the investment project has been operationally completed.

       NEW SECTION. Sec. 6. The employment security department shall make, and certify to the department of revenue, all determinations of employment and wages as requested by the department under this chapter.

       NEW SECTION. Sec. 7. Chapter 82.32 RCW applies to the administration of this chapter.

       NEW SECTION. Sec. 8. Applications, reports, and any other information received by the department under this chapter shall not be confidential and shall be subject to disclosure.

       NEW SECTION. Sec. 9. A new section is added to chapter 84.36 RCW to read as follows:

       (1) For the purposes of this section, "wood biomass fuel" means a pyrolytic liquid fuel or synthesis gas-derived liquid fuel, used in internal combustion engines, and produced from wood, forest, or field residue, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chroma-arsenic.

       (2)(a) All buildings, machinery, equipment, and other personal property which is used primarily for the manufacturing of wood biomass fuel, the land upon which this property is located, and land that is reasonably necessary in the manufacturing of wood biomass fuel, but not land necessary for growing of crops, which together comprise a new manufacturing facility or an addition to an existing manufacturing facility, are exempt from property taxation for the six assessment years following the date on which the facility or the addition to the existing facility becomes operational.

       (b) For manufacturing facilities which produce products in addition to wood biomass fuel, the amount of the property tax exemption shall be based upon the annual percentage of the total value of all products manufactured that is the value of the wood biomass fuel manufactured.

       (3) Claims for exemptions authorized by this section shall be filed with the county assessor on forms prescribed by the department of revenue and furnished by the assessor. Once filed, the exemption is valid for six years and shall not be renewed. The assessor shall verify and approve claims as the assessor determines to be justified and in accordance with this section. No claims may be filed after December 31, 2009.

       The department of revenue may promulgate such rules, pursuant to chapter 34.05 RCW, as necessary to properly administer this section.

       Sec. 10. RCW 82.29A.135 and 1985 c 371 s 3 are each amended to read as follows:

       (1) For the purposes of this section((,)):

       (a) "Alcohol fuel" means any alcohol made from a product other than petroleum or natural gas, which is used alone or in combination with gasoline or other petroleum products for use as a fuel for motor vehicles, farm implements, and machines or implements of husbandry.

       (b) "Wood biomass fuel" means a pyrolytic liquid fuel or synthesis gas-derived liquid fuel, used in internal combustion engines, and produced from wood, forest, or field residue, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chroma- arsenic.

       (2)(a) All leasehold interests in buildings, machinery, equipment, and other personal property which is used primarily for the manufacturing of alcohol fuel, wood biomass fuel, the land upon which ((such)) this property is located, and land that is reasonably necessary in the manufacturing of alcohol fuel, wood biomass fuel, but not land necessary for growing of crops, which together comprise a new ((alcohol)) manufacturing facility or an addition to an existing ((alcohol)) manufacturing facility, are exempt from leasehold taxes for a period of six years from the date on which the facility or the addition to the existing facility becomes operational.

       (b) For ((alcohol)) manufacturing facilities which produce ((alcohol for use as)) products in addition to alcohol fuel ((and alcohol used for other purposes)), wood biomass fuel, the amount of the leasehold tax exemption shall be based upon ((an annually determined percentage of the total gallons of alcohol produced that is sold and used as alcohol fuel)) the annual percentage of the total value of all products manufactured that is the value of the alcohol fuel or wood biomass fuel manufactured.

       (3) Claims for exemptions authorized by this section shall be filed with the department of revenue on forms prescribed by the department of revenue and furnished by the department of revenue. Once filed, the exemption is valid for six years and shall not be renewed. The department of revenue shall verify and approve ((such)) claims as the department of revenue determines to be justified and in accordance with this section. No claims may be filed after December 31, ((1992)) 2009.

       The department of revenue may promulgate such rules, pursuant to chapter 34.05 RCW, as are necessary to properly administer this section.

       Sec. 11. RCW 82.04.260 and 2001 2nd sp.s. c 25 s 2 are each amended to read as follows:

       (1) Upon every person engaging within this state in the business of manufacturing:

       (a) Wheat into flour, barley into pearl barley, soybeans into soybean oil, canola into canola oil, canola meal, or canola byproducts, or sunflower seeds into sunflower oil; as to such persons the amount of tax with respect to such business shall be equal to the value of the flour, pearl barley, oil, canola meal, or canola byproduct manufactured, multiplied by the rate of 0.138 percent;

       (b) Seafood products which remain in a raw, raw frozen, or raw salted state at the completion of the manufacturing by that person; as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured, multiplied by the rate of 0.138 percent;

       (c) By canning, preserving, freezing, processing, or dehydrating fresh fruits and vegetables, or selling at wholesale fresh fruits and vegetables canned, preserved, frozen, processed, or dehydrated by the seller and sold to purchasers who transport in the ordinary course of business the goods out of this state; as to such persons the amount of tax with respect to such business shall be equal to the value of the products canned, preserved, frozen, processed, or dehydrated multiplied by the rate of 0.138 percent. As proof of sale to a person who transports in the ordinary course of business goods out of this state, the seller shall annually provide a statement in a form prescribed by the department and retain the statement as a business record; ((and))

       (d) Dairy products that as of September 20, 2001, are identified in 21 C.F.R., chapter 1, parts 131, 133, and 135, including byproducts from the manufacturing of the dairy products such as whey and casein; or selling the same to purchasers who transport in the ordinary course of business the goods out of state; as to such persons the tax imposed shall be equal to the value of the products manufactured multiplied by the rate of 0.138 percent. As proof of sale to a person who transports in the ordinary course of business goods out of this state, the seller shall annually provide a statement in a form prescribed by the department and retain the statement as a business record; and

       (e) Alcohol fuel or wood biomass fuel, as those terms are defined in RCW 82.29A.135; as to such persons the amount of tax with respect to the business shall be equal to the value of alcohol fuel or wood biomass fuel manufactured, multiplied by the rate of 0.138 percent.

       (2) Upon every person engaging within this state in the business of splitting or processing dried peas; as to such persons the amount of tax with respect to such business shall be equal to the value of the peas split or processed, multiplied by the rate of 0.138 percent.

       (3) Upon every nonprofit corporation and nonprofit association engaging within this state in research and development, as to such corporations and associations, the amount of tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.484 percent.

       (4) Upon every person engaging within this state in the business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only and not at retail; as to such persons the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.138 percent.

       (5) Upon every person engaging within this state in the business of making sales, at retail or wholesale, of nuclear fuel assemblies manufactured by that person, as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the assemblies multiplied by the rate of 0.275 percent.

       (6) Upon every person engaging within this state in the business of manufacturing nuclear fuel assemblies, as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured multiplied by the rate of 0.275 percent.

       (7) Upon every person engaging within this state in the business of acting as a travel agent or tour operator; as to such persons the amount of the tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.

       (8) Upon every person engaging within this state in business as an international steamship agent, international customs house broker, international freight forwarder, vessel and/or cargo charter broker in foreign commerce, and/or international air cargo agent; as to such persons the amount of the tax with respect to only international activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.

       (9) Upon every person engaging within this state in the business of stevedoring and associated activities pertinent to the movement of goods and commodities in waterborne interstate or foreign commerce; as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds derived from such activities multiplied by the rate of 0.275 percent. Persons subject to taxation under this subsection shall be exempt from payment of taxes imposed by chapter 82.16 RCW for that portion of their business subject to taxation under this subsection. Stevedoring and associated activities pertinent to the conduct of goods and commodities in waterborne interstate or foreign commerce are defined as all activities of a labor, service or transportation nature whereby cargo may be loaded or unloaded to or from vessels or barges, passing over, onto or under a wharf, pier, or similar structure; cargo may be moved to a warehouse or similar holding or storage yard or area to await further movement in import or export or may move to a consolidation freight station and be stuffed, unstuffed, containerized, separated or otherwise segregated or aggregated for delivery or loaded on any mode of transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling, loading, unloading, moving of cargo to a convenient place of delivery to the consignee or a convenient place for further movement to export mode; documentation services in connection with the receipt, delivery, checking, care, custody and control of cargo required in the transfer of cargo; imported automobile handling prior to delivery to consignee; terminal stevedoring and incidental vessel services, including but not limited to plugging and unplugging refrigerator service to containers, trailers, and other refrigerated cargo receptacles, and securing ship hatch covers.

       (10) Upon every person engaging within this state in the business of disposing of low-level waste, as defined in RCW 43.145.010; as to such persons the amount of the tax with respect to such business shall be equal to the gross income of the business, excluding any fees imposed under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.

       If the gross income of the taxpayer is attributable to activities both within and without this state, the gross income attributable to this state shall be determined in accordance with the methods of apportionment required under RCW 82.04.460.

       (11) Upon every person engaging within this state as an insurance agent, insurance broker, or insurance solicitor licensed under chapter 48.17 RCW; as to such persons, the amount of the tax with respect to such licensed activities shall be equal to the gross income of such business multiplied by the rate of 0.484 percent.

       (12) Upon every person engaging within this state in business as a hospital, as defined in chapter 70.41 RCW, that is operated as a nonprofit corporation or by the state or any of its political subdivisions, as to such persons, the amount of tax with respect to such activities shall be equal to the gross income of the business multiplied by the rate of 0.75 percent through June 30, 1995, and 1.5 percent thereafter. The moneys collected under this subsection shall be deposited in the health services account created under RCW 43.72.900.

       NEW SECTION. Sec. 12. A new section is added to chapter 82.04 RCW to read as follows:

       (1) In computing tax there may be deducted from the measure of tax amounts received from the retail sale, or for the distribution, of wood biomass fuel.

       (2) For the purposes of this act, the following definitions apply:

       (a) "Wood biomass fuel" means a pyrolytic liquid fuel or synthesis gas-derived liquid fuel, used in internal combustion engines, and produced from wood, forest, or field residue, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chroma- arsenic.

       (b) "Distribution" means any of the actions specified in RCW 82.36.020(2).

       (3) This section expires July 1, 2009.

       NEW SECTION. Sec. 13. A new section is added to chapter 82.08 RCW to read as follows:

       (1) The tax levied by RCW 82.08.020 does not apply to sales of machinery and equipment, or to services rendered in respect to constructing structures, installing, constructing, repairing, cleaning, decorating, altering, or improving of structures or machinery and equipment, or to sales of tangible personal property that becomes an ingredient or component of structures or machinery and equipment, if the machinery, equipment, or structure is used directly for the retail sale of a wood biomass fuel blend. Structures and machinery and equipment that are used for the retail sale of a wood biomass fuel blend and for other purposes are exempt only on the portion used directly for the retail sale of a wood biomass fuel blend.

       (2) The tax levied by RCW 82.08.020 does not apply to sales of fuel delivery vehicles or to sales of or charges made for labor and services rendered in respect to installing, repairing, cleaning, altering, or improving the vehicles including repair parts and replacement parts if at least seventy-five percent of the fuel distributed by the vehicles is a wood biomass fuel blend.

       (3) A person taking the exemption under this section must keep records necessary for the department to verify eligibility under this section. The exemption is available only when the buyer provides the seller with an exemption certificate in a form and manner prescribed by the department. The seller shall retain a copy of the certificate for the seller's files.

       (4) For the purposes of this section, the definitions in section 1 of this act and this subsection apply.

       (a) "Wood biomass fuel blend" means fuel that contains at least twenty percent wood biomass fuel by volume.

       (b) "Machinery and equipment" means industrial fixtures, devices, and support facilities and tangible personal property that becomes an ingredient or component thereof, including repair parts and replacement parts that are integral and necessary for the delivery of a wood biomass fuel blend into the fuel tank of a motor vehicle.

       (5) This section expires July 1, 2009.

       NEW SECTION. Sec. 14. A new section is added to chapter 82.12 RCW to read as follows:

       (1) The provisions of this chapter do not apply in respect to the use of machinery and equipment, or to services rendered in respect to installing, repairing, cleaning, altering, or improving of eligible machinery and equipment, or tangible personal property that becomes an ingredient or component of machinery and equipment used directly for the retail sale of a wood biomass fuel blend.

       (2) The provisions of this chapter do not apply in respect to the use of fuel delivery vehicles including repair parts and replacement parts and to services rendered in respect to installing, repairing, cleaning, altering, or improving the vehicles if at least seventy-five percent of the fuel distributed by the vehicles is a wood biomass fuel blend.

       (3) For the purposes of this section, the definitions in section 13 of this act apply.

       (4) This section expires July 1, 2009.

       NEW SECTION. Sec. 15. Section 9 of this act applies to taxes levied for collection in 2004 and thereafter.

       NEW SECTION. Sec. 16. (1) Sections 9 through 15 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.

       (2) Sections 1 through 8 of this act take effect July 1, 2004.

       NEW SECTION. Sec. 17. Sections 1 through 8 of this act are null and void if the legislature passes and the governor signs any bill into law before July 1, 2004, that extends the expiration date in RCW 82.60.050.

       NEW SECTION. Sec. 18. Sections 1 through 8 of this act constitute a new chapter in Title 82 RCW."

      Debate ensued.  

      The President declared the question before the Senate to be the adoption of the Committee on Natural Resources, Energy and Water striking amendment to Engrossed House Bill No. 2146.

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

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

       On page 1, line 2 of the title, after "sale;" strike the remainder of the title and insert "amending RCW 82.29A.135 and 82.04.260; adding a new section to chapter 84.36 RCW; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new chapter to Title 82 RCW; creating new sections; providing effective dates; providing expiration dates; and declaring an emergency."

MOTION

      On motion of Senator Morton, the rules were suspended, Engrossed House Bill No. 2146, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2146, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed House Bill No. 2146, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Voting nay: Senators Franklin and Kastama - 2.

      ENGROSSED HOUSE BILL NO. 2146, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1218, by House Committee on State Government (originally sponsored by Representatives Lovick, Mielke, O'Brien, Ahern, Kagi, Wallace, Darneille, Miloscia, Pearson, Delvin, Romero, Moeller, Dickerson, Rockefeller, Haigh, Kirby, Pettigrew, Chase, Veloria, Quall, McDermott, Dunshee, McCoy and Hunt)

Creating a building mapping information system.

      The bill was read the second time.

MOTION

       Senator McCaslin moved that the following Committee on Judiciary striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature recognizes the extreme dangers present when the safety of our citizens requires first responders such as police and fire fighters to evacuate and secure a building. In an effort to prepare for responding to unintended disasters, criminal acts, and acts of terrorism, the legislature intends to create a statewide first responder building mapping information system that will provide all first responders with the information they need to be successful when disaster strikes. The first responder building mapping system in this act is to be developed for a limited and specific purpose and is in no way to be construed as imposing standards or system requirements on any other mapping systems developed and used for any other local government purposes.

       NEW SECTION. Sec. 2. A new section is added to chapter 36.28A RCW to read as follows:

       (1) When funded, the Washington Association of Sheriffs and Police Chiefs shall create and operate a statewide first responder building mapping information system.

       (2) All state agencies and local governments must utilize building mapping software that complies with the building mapping software standards established under section 3 of this act for any building mapped for this purpose after the statewide first responder building mapping information system is operational. If, prior to creation of the statewide building mapping information system, a local government has utilized building mapping software standards established under section 3 of this act, the local government may continue to use its own building mapping system unless the Washington association of sheriffs and police chiefs provides funding to bring the local government's system in compliance with the standards established under section 3 of this act.

       (3) All state and local government-owned buildings that are occupied by state or local government employees must be mapped when funding is provided by the Washington association of sheriffs and police chiefs, or from other sources. Nothing in this act requires any state agency or local government to map a building unless the entire cost of mapping the building is provided by the Washington association of sheriffs and police chiefs, or from other sources.

       (4) Once the statewide first responder building mapping information system is operational, all state and local government buildings that are mapped must forward their building mapping information data to the Washington association of sheriffs and police chiefs. All participating privately, federally, and tribally owned buildings may voluntarily forward their mapping and emergency information data to the Washington association of sheriffs and police chiefs. The Washington association of sheriffs and police chiefs may refuse any building mapping information that does not comply with the specifications described in section 3 of this act.

       (5) Consistent with the guidelines developed under section 3 of this act, the Washington association of sheriffs and police chiefs shall electronically make the building mapping information available to all state, local, federal, and tribal law enforcement agencies, the military department of Washington state, and fire departments.

       (6) Consistent with the guidelines developed under section 3 of this act, the Washington association of sheriffs and police chiefs shall develop building mapping software standards that must be used to participate in the statewide first responder building mapping information system.

       (7) The Washington association of sheriffs and police chiefs shall pursue federal funds to:

       (a) Create the statewide first responder building mapping information system; and

       (b) Develop grants for the mapping of all state and local government buildings in the order determined under section 3 of this act.

       (8) All tactical and intelligence information provided to the Washington association of sheriffs and police chiefs under this act is exempt from public disclosure as provided in RCW 42.17.310(1)(d).

       NEW SECTION. Sec. 3. A new section is added to chapter 36.28A RCW to read as follows:

       (1) The Washington association of sheriffs and police chiefs in consultation with the Washington state emergency management office, the Washington association of county officials, the Washington association of cities, the information services board, the Washington state fire chiefs' association, and the Washington state patrol shall convene a committee to establish guidelines related to the statewide first responder building mapping information system. The committee shall have the following responsibilities:

       (a) Develop the type of information to be included in the statewide first responder building mapping information system. The information shall include, but is not limited to: Floor plans, fire protection information, evacuation plans, utility information, known hazards, and text and digital images showing emergency personnel contact information;

       (b) Develop building mapping software standards that must be utilized by all entities participating in the statewide first responder building mapping information system;

       (c) Determine the order in which buildings shall be mapped when funding is received;

       (d) Develop guidelines on how the information shall be made available. These guidelines shall include detailed procedures and security systems to ensure that the information is only made available to the government entity that either owns the building or is responding to an incident at the building;

       (e) Recommend training guidelines regarding using the statewide first responder building mapping information system to the criminal justice training commission and the Washington state patrol fire protection bureau.

       (2)(a) Nothing in this section supersedes the authority of the information services board under chapter 43.105 RCW.

       (b) Nothing in this section supersedes the authority of state agencies and local governments to control and maintain access to information within their independent systems.

       NEW SECTION. Sec. 4. A new section is added to chapter 36.28A RCW to read as follows:

       Units of local government and their employees, as provided in RCW 36.28A.010, are immune from civil liability for damages arising out of the creation and use of the statewide first responder building mapping information system, unless it is shown that an employee acted with gross negligence or bad faith."

      Debate ensued.  

      The President declared the question before the Senate to be the adoption of the Committee on Judiciary striking amendment to Engrossed Substitute House Bill No. 1218.

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

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

       On page 1, line 2 of the title, after "system;" strike the remainder of the title and insert "adding new sections to chapter 36.28A RCW; and creating a new section."

MOTION

      On motion of Senator McCaslin, the rules were suspended, Engrossed Substitute House Bill No. 1218, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1218, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1218, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1218, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1205, by Representatives Conway, Delvin, Simpson, Alexander, Cooper and Chase (by request of Joint Committee on Pension Policy)

      Addressing the department of fish and wildlife law enforcement officers' membership in the law enforcement officers' and fire fighters' retirement system plan 2 for periods of future service.

      The bill was read the second time.

MOTION

      On motion of Senator Zarelli, the rules were suspended, House Bill No. 1205 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1205.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1205 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      HOUSE BILL NO. 1205, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6002, by Senators Stevens and Hargrove

Changing provisions relating to collection of financial obligations.

MOTION

      On motion of Senator Stevens, Substitute Senate Bill No. 6002 was substituted for Senate Bill No. 6002 and the substitute bill was placed on second reading and read the second time.

MOTION

      On motion of Senator Sheahan, further consideration of Substitute Senate Bill No. 6002 was deferred.

MOTION

      On motion of Senator Sheahan, the Senate returned to the fourth order of business.

MESSAGE FROM THE HOUSE

April 8, 2003

MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 5090,

      SENATE BILL NO. 5096,

      SENATE BILL NO. 5100,

      SENATE BILL NO. 5122,

      SENATE BILL NO. 5123,

      SUBSTITUTE SENATE BILL NO. 5165,

      SENATE BILL NO. 5167,

      SENATE BILL NO. 5172,

      SENATE BILL NO. 5224,

      SENATE BILL NO. 5244,

      SUBSTITUTE SENATE BILL NO. 5251,

      SUBSTITUTE SENATE BILL NO. 5265,

      SUBSTITUTE SENATE BILL NO. 5290,

      SUBSTITUTE SENATE BILL NO. 5321,

      SUBSTITUTE SENATE BILL NO. 5550, 

      ENGROSSED SENATE BILL NO. 5560,

      SENATE BILL NO. 5570,

      SENATE BILL NO. 5574,

      SENATE BILL NO. 5758,

      SENATE BILL NO. 5994, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

SIGNED BY THE PRESIDENT

      The President signed:

      SENATE BILL NO. 5090,

      SENATE BILL NO. 5096,

      SENATE BILL NO. 5100,

      SENATE BILL NO. 5122,

      SENATE BILL NO. 5123,

      SUBSTITUTE SENATE BILL NO. 5165,

      SENATE BILL NO. 5167,

      SENATE BILL NO. 5172,

      SENATE BILL NO. 5224,

      SENATE BILL NO. 5244,

      SUBSTITUTE SENATE BILL NO. 5251,

      SUBSTITUTE SENATE BILL NO. 5265,

      SUBSTITUTE SENATE BILL NO. 5290,

      SUBSTITUTE SENATE BILL NO. 5321,

      SUBSTITUTE SENATE BILL NO. 5550, 

      ENGROSSED SENATE BILL NO. 5560,

      SENATE BILL NO. 5570,

      SENATE BILL NO. 5574,

      SENATE BILL NO. 5758,

      SENATE BILL NO. 5994.

MOTION

      On motion of Senator Sheahan, Senate Rule 46 was suspended for the remainder of the day.

      EDITOR’S NOTE: Rule 46 states ‘No committee shall sit during the daily session of the senate unless by special leave.’

MOTION

      At 11:03 a.m., on motion of Senator Sheahan, the Senate was declared to be at ease.

      The Senate was called to order at 3:10 p.m. by President Owen.

MOTION

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

MOTION

      On motion of Senator Eide, Senator Jacobsen was excused.

SECOND READING

      HOUSE BILL NO. 1352, by Representatives Murray, Ericksen and Romero (by request of Utilities and Transportation Commission)

Apportioning railroad crossing installation and maintenance costs.

      The bill was read the second time.

MOTION

      On motion of Senator Horn, the rules were suspended, House Bill No. 1352 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1352.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill NO. 1352 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Jacobsen - 1.

      HOUSE BILL NO. 1352, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

      There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6002, deferred earlier today after the bill was substituted.

MOTION

      Senator Stevens moved that the followng striking amendment by Senators Stevens and Hargrove be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature intends to revise and improve the processes for billing and collecting legal financial obligations. The purpose of this act is to respond to suggestions and requests made by county government officials, and in particular county clerks, to assume the collection of such obligations in cooperation and coordination with the department of corrections and the administrative office for the courts. The legislature undertakes this effort following a collaboration between local officials, the department of corrections, and the administrative office for the courts. The intent of this act is to promote an increased and more efficient collection of legal financial obligations and, as a result, improve the likelihood that the affected agencies will increase the collections which will provide additional benefits to all parties and, in particular, crime victims whose restitution is dependent upon the collections.

       Sec. 2. RCW 9.94A.760 and 2001 c 10 s 3 are each amended to read as follows:

       (1) Whenever a person is convicted of a felony, the court may order the payment of a legal financial obligation as part of the sentence. The court must on either the judgment and sentence or on a subsequent order to pay, designate the total amount of a legal financial obligation and segregate this amount among the separate assessments made for restitution, costs, fines, and other assessments required by law. On the same order, the court is also to set a sum that the offender is required to pay on a monthly basis towards satisfying the legal financial obligation. If the court fails to set the offender monthly payment amount, the department shall set the amount. Upon receipt of an offender's monthly payment, restitution shall be paid prior to any payments of other monetary obligations. After restitution is satisfied, the county clerk shall distribute the payment proportionally among all other fines, costs, and assessments imposed, unless otherwise ordered by the court.

       (2) If the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost of incarceration at a rate of fifty dollars per day of incarceration. Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision shall take precedence over the payment of the cost of incarceration ordered by the court. All funds recovered from offenders for the cost of incarceration in the county jail shall be remitted to the county and the costs of incarceration in a prison shall be remitted to the department.

       (3) The court may add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction is to be issued immediately. If the court chooses not to order the immediate issuance of a notice of payroll deduction at sentencing, the court shall add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction may be issued or other income-withholding action may be taken, without further notice to the offender if a monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owed.

       If a judgment and sentence or subsequent order to pay does not include the statement that a notice of payroll deduction may be issued or other income-withholding action may be taken if a monthly legal financial obligation payment is past due, the department or the county clerk may serve a notice on the offender stating such requirements and authorizations. Service shall be by personal service or any form of mail requiring a return receipt.

       (4) Independent of the department or the county clerk, the party or entity to whom the legal financial obligation is owed shall have the authority to use any other remedies available to the party or entity to collect the legal financial obligation. These remedies include enforcement in the same manner as a judgment in a civil action by the party or entity to whom the legal financial obligation is owed. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim. The judgment and sentence shall identify the party or entity to whom restitution is owed so that the state, party, or entity may enforce the judgment. If restitution is ordered pursuant to RCW 9.94A.750(6) or 9.94A.753(6) to a victim of rape of a child or a victim's child born from the rape, the Washington state child support registry shall be identified as the party to whom payments must be made. Restitution obligations arising from the rape of a child in the first, second, or third degree that result in the pregnancy of the victim may be enforced for the time periods provided under RCW 9.94A.750(6) and 9.94A.753(6). All other legal financial obligations for an offense committed prior to July 1, 2000, may be enforced at any time during the ten-year period following the offender's release from total confinement or within ten years of entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may extend the criminal judgment an additional ten years for payment of legal financial obligations including crime victims' assessments. All other legal financial obligations for an offense committed on or after July 1, 2000, may be enforced at any time the offender remains under the court's jurisdiction. For an offense committed on or after July 1, 2000, the court shall retain jurisdiction over the offender, for purposes of the offender's compliance with payment of the legal financial obligations, until the obligation is completely satisfied, regardless of the statutory maximum for the crime. The department ((of corrections shall)) may only supervise the offender's compliance with payment of the legal financial obligations ((for ten years following the entry of the judgment and sentence, or ten years following the offender's release from total confinement, whichever period ends later)) during any period in which the department is authorized to supervise the offender in the community under RCW 9.94A.728 and section 3, chapter . . . (Senate Bill No. 5990), Laws of 2003, or in which the offender is confined in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period. The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction. The county clerk is authorized to collect unpaid legal financial obligations at any time the offender remains under the jurisdiction of the court for purposes of his or her legal financial obligations.

       (5) In order to assist the court in setting a monthly sum that the offender must pay during the period of supervision, the offender is required to report to the department for purposes of preparing a recommendation to the court. When reporting, the offender is required, under oath, to respond truthfully and honestly to all questions concerning present, past, and future earning capabilities and the location and nature of all property or financial assets. The offender is further required to bring all documents requested by the department.

       (6) After completing the investigation, the department shall make a report to the court on the amount of the monthly payment that the offender should be required to make towards a satisfied legal financial obligation.

       (7)(a) During the period of supervision, the department may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances. If the department sets the monthly payment amount, the department may modify the monthly payment amount without the matter being returned to the court. During the period of supervision, the department may require the offender to report to the department for the purposes of reviewing the appropriateness of the collection schedule for the legal financial obligation. During this reporting, the offender is required under oath to respond truthfully and honestly to all questions concerning earning capabilities and the location and nature of all property or financial assets. The offender shall bring all documents requested by the department in order to prepare the collection schedule.

       (b) Subsequent to any period of supervision, or if the department is not authorized to supervise the offender in the community, the county clerk may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances. If the county clerk sets the monthly payment amount, the clerk may modify the monthly payment amount without the matter being returned to the court. During the period of repayment, the county clerk may require the offender to report to the clerk for the purpose of reviewing the appropriateness of the collection schedule for the legal financial obligation. During this reporting, the offender is required under oath to respond truthfully and honestly to all questions concerning earning capabilities and the location and nature of all property or financial assets. The offender shall bring all documents requested by the county clerk in order to prepare the collection schedule.

       (8) After the judgment and sentence or payment order is entered, the department is authorized, for any period of supervision, to collect the legal financial obligation from the offender. Subsequent to any period of supervision or, if the department is not authorized to supervise the offender in the community, the county clerk is authorized to collect unpaid legal financial obligations from the offender. Any amount collected by the department shall be remitted daily to the county clerk for the purpose of disbursements. The department ((is)) and the county clerks are authorized, but not required, to accept credit cards as payment for a legal financial obligation, and any costs incurred related to accepting credit card payments shall be the responsibility of the offender.

       (9) The department or any obligee of the legal financial obligation may seek a mandatory wage assignment for the purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.7701. Any party obtaining a wage assignment shall notify the county clerk. The county clerks shall notify the department, or the administrative office of the courts, whichever is providing the monthly billing for the offender.

       (10) The requirement that the offender pay a monthly sum towards a legal financial obligation constitutes a condition or requirement of a sentence and the offender is subject to the penalties for noncompliance as provided in RCW 9.94A.634, 9.94A.737, or 9.94A.740.

       (11)(a) Until January 1, 2004, the department shall mail individualized monthly billings to the address known by the department for each offender with an unsatisfied legal financial obligation.

       (b) Beginning January 1, 2004, the administrative office of the courts shall mail individualized monthly billings to the address known by the office for each offender with an unsatisfied legal financial obligation.

       (c) The billing shall direct payments, other than outstanding cost of supervision assessments under RCW 9.94A.780, parole assessments under RCW 72.04A.120, and cost of probation assessments under RCW 9.95.214, to the county clerk, and cost of supervision, parole, or probation assessments to the department.

       (d) The county clerk shall provide the ((department with individualized monthly billings for each offender with an unsatisfied legal financial obligation and shall provide the department)) administrative office of the courts with notice of payments by such offenders no less frequently than weekly.

       (e) The county clerks, the administrative office of the courts, and the department shall maintain agreements to implement this subsection.

       (12) The department ((may)) shall arrange for the collection of unpaid legal financial obligations during any period of supervision in the community through the county clerk((, or)). The department shall either collect unpaid legal financial obligations or arrange for collections through another entity if the clerk does not assume responsibility for collection pursuant to subsection (4) of this section. The costs for collection services shall be paid by the offender.

       (13) Nothing in this chapter makes the department, the state, the counties, or any ((of its)) state or county employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations or for the acts of any offender who is no longer, or was not, subject to supervision by the department for a term of community custody, community placement, or community supervision, and who remains under the jurisdiction of the court for payment of legal financial obligations.

       Sec. 3. RCW 9.94A.750 and 2000 c 28 s 32 are each amended to read as follows:

       This section applies to offenses committed on or before July 1, 1985.

       (1) If restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within one hundred eighty days. The court may continue the hearing beyond the one hundred eighty days for good cause. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have.

       (2) During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances.

       (3) Except as provided in subsection (6) of this section, restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the offense.

       (4) For the purposes of this section, the offender shall remain under the court's jurisdiction for a term of ten years following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period is longer. Prior to the expiration of the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years for payment of restitution. ((If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period.)) The portion of the sentence concerning restitution may be modified as to amount, terms and conditions during either the initial ten-year period or subsequent ten-year period if the criminal judgment is extended, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum sentence for the crime. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The offender's compliance with the restitution shall be supervised by the department only during any period which the department is authorized to supervise the offender in the community under RCW 9.94A.728, section 3, chapter . . . (Senate Bill No. 5990), Laws of 2003, or in which the offender is in confinement in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period. The department is responsible for supervision of the offender only during confinement and authorized supervision and not during any subsequent period in which the offender remains under the court's jurisdiction. The county clerk is authorized to collect unpaid restitution at any time the offender remains under the jurisdiction of the court for purposes of his or her legal financial obligations.

       (5) Restitution may be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property or as provided in subsection (6) of this section. In addition, restitution may be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.

       (6) Restitution for the crime of rape of a child in the first, second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim's medical expenses that are associated with the rape and resulting pregnancy; and (b) child support for any child born as a result of the rape if child support is ordered pursuant to a proceeding in superior court or administrative order for support for that child. The clerk must forward any restitution payments made on behalf of the victim's child to the Washington state child support registry under chapter 26.23 RCW. Identifying information about the victim and child shall not be included in the order. The offender shall receive a credit against any obligation owing under the administrative or superior court order for support of the victim's child. For the purposes of this subsection, the offender shall remain under the court's jurisdiction until the offender has satisfied support obligations under the superior court or administrative order but not longer than a maximum term of twenty-five years following the offender's release from total confinement or twenty-five years subsequent to the entry of the judgment and sentence, whichever period is longer. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The department shall supervise the offender's compliance with the restitution ordered under this subsection.

       (7) In addition to any sentence that may be imposed, an offender who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.

       (8) This section does not limit civil remedies or defenses available to the victim or offender including support enforcement remedies for support ordered under subsection (6) of this section for a child born as a result of a rape of a child victim. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. The state or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim.

       Sec. 4. RCW 9.94A.753 and 2000 c 226 s 3 and 2000 c 28 s 33 are each reenacted and amended to read as follows:

       This section applies to offenses committed after July 1, 1985.

       (1) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within one hundred eighty days except as provided in subsection (7) of this section. The court may continue the hearing beyond the one hundred eighty days for good cause. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have.

       (2) During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances.

       (3) Except as provided in subsection (6) of this section, restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime.

       (4) For the purposes of this section, for an offense committed prior to July 1, 2000, the offender shall remain under the court's jurisdiction for a term of ten years following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years for payment of restitution. For an offense committed on or after July 1, 2000, the offender shall remain under the court's jurisdiction until the obligation is completely satisfied, regardless of the statutory maximum for the crime. The portion of the sentence concerning restitution may be modified as to amount, terms, and conditions during any period of time the offender remains under the court's jurisdiction, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum sentence for the crime. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The offender's compliance with the restitution shall be supervised by the department ((for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement. The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction)) only during any period which the department is authorized to supervise the offender in the community under RCW 9.94A.728, section 3, chapter . . . (Senate Bill No. 5990), Laws of 2003, or in which the offender is in confinement in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period. The department is responsible for supervision of the offender only during confinement and authorized supervision and not during any subsequent period in which the offender remains under the court's jurisdiction. The county clerk is authorized to collect unpaid restitution at any time the offender remains under the jurisdiction of the court for purposes of his or her legal financial obligations.

       (5) Restitution shall be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property or as provided in subsection (6) of this section unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.

       (6) Restitution for the crime of rape of a child in the first, second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim's medical expenses that are associated with the rape and resulting pregnancy; and (b) child support for any child born as a result of the rape if child support is ordered pursuant to a civil superior court or administrative order for support for that child. The clerk must forward any restitution payments made on behalf of the victim's child to the Washington state child support registry under chapter 26.23 RCW. Identifying information about the victim and child shall not be included in the order. The offender shall receive a credit against any obligation owing under the administrative or superior court order for support of the victim's child. For the purposes of this subsection, the offender shall remain under the court's jurisdiction until the offender has satisfied support obligations under the superior court or administrative order for the period provided in RCW 4.16.020 or a maximum term of twenty-five years following the offender's release from total confinement or twenty-five years subsequent to the entry of the judgment and sentence, whichever period is longer. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The department shall supervise the offender's compliance with the restitution ordered under this subsection.

       (7) Regardless of the provisions of subsections (1) through (6) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the judgment and sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.

       (8) In addition to any sentence that may be imposed, an offender who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.

       (9) This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or offender including support enforcement remedies for support ordered under subsection (6) of this section for a child born as a result of a rape of a child victim. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. The state or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim.

       NEW SECTION. Sec. 5. A new section is added to chapter 9.94A RCW to read as follows:

       If an offender with an unsatisfied legal financial obligation is not subject to supervision by the department for a term of community placement, community custody, or community supervision, or has not completed payment of all legal financial obligations included in the sentence at the expiration of his or her term of community placement, community custody, or community supervision, the department shall notify the administrative office of the courts of the termination of the offender's supervision and provide information to the administrative office of the courts to enable the county clerk to monitor payment of the remaining obligations. The county clerk is authorized to monitor payment after such notification. The secretary of corrections and the administrator for the courts shall enter into an interagency agreement to facilitate the electronic transfer of information about offenders, unpaid obligations, and payees to carry out the purposes of this section.

       Sec. 6. RCW 9.94A.780 and 1991 c 104 s 1 are each amended to read as follows:

       (1) Whenever a punishment imposed under this chapter requires supervision services to be provided, the offender shall pay to the department of corrections the monthly assessment, prescribed under subsection (2) of this section, which shall be for the duration of the terms of supervision and which shall be considered as payment or part payment of the cost of providing supervision to the offender. The department may exempt or defer a person from the payment of all or any part of the assessment based upon any of the following factors:

       (a) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments.

       (b) The offender is a student in a school, college, university, or a course of vocational or technical training designed to fit the student for gainful employment.

       (c) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the department.

       (d) The offender's age prevents him or her from obtaining employment.

       (e) The offender is responsible for the support of dependents and the payment of the assessment constitutes an undue hardship on the offender.

       (f) Other extenuating circumstances as determined by the department.

       (2) The department of corrections shall adopt a rule prescribing the amount of the assessment. The department may, if it finds it appropriate, prescribe a schedule of assessments that shall vary in accordance with the intensity or cost of the supervision. The department may not prescribe any assessment that is less than ten dollars nor more than fifty dollars.

       (3) All amounts required to be paid under this section shall be collected by the department of corrections and deposited by the department in the dedicated fund established pursuant to RCW 72.11.040.

       (4) This section shall not apply to probation services provided under an interstate compact pursuant to chapter 9.95 RCW or to probation services provided for persons placed on probation prior to June 10, 1982.

       (5) If a county clerk assumes responsibility for collection of unpaid legal financial obligations under RCW 9.94A.760, or under any agreement with the department under that section, whether before or after the completion of any period of community placement, community custody, or community supervision, the clerk may impose a monthly or annual assessment for the cost of collections. The amount of the assessment shall not exceed the actual cost of collections. The county clerk may exempt or defer payment of all or part of the assessment based upon any of the factors listed in subsection (1) of this section. The offender shall pay the assessment under this subsection to the county clerk who shall apply it to the cost of collecting legal financial obligations under RCW 9.94A.760.

       Sec. 7. RCW 9.94A.637 and 2002 c 16 s 2 are each amended to read as follows:

       (1)(a) When an offender has completed all requirements of the sentence, including any and all legal financial obligations, and while under the custody and supervision of the department, the secretary or the secretary's designee shall notify the sentencing court, which shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address.

       (b)(i) When an offender has reached the end of his or her supervision with the department and has completed all the requirements of the sentence except his or her legal financial obligations, the secretary's designee shall provide the county clerk with a notice that the offender has completed all nonfinancial requirements of the sentence.

       (ii) When the department has provided the county clerk with notice that an offender has completed all the requirements of the sentence and the offender subsequently satisfies all legal financial obligations under the sentence, the county clerk shall notify the sentencing court, including the notice from the department, which shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address.

       (2) The court shall send a copy of every signed certificate of discharge to the auditor for the county in which the court resides and to the department. The department shall create and maintain a data base containing the names of all felons who have been issued certificates of discharge, the date of discharge, and the date of conviction and offense.

       (3) An offender who is not convicted of a violent offense or a sex offense and is sentenced to a term involving community supervision may be considered for a discharge of sentence by the sentencing court prior to the completion of community supervision, provided that the offender has completed at least one-half of the term of community supervision and has met all other sentence requirements.

       (4) Except as provided in subsection (5) of this section, the discharge shall have the effect of restoring all civil rights lost by operation of law upon conviction, and the certificate of discharge shall so state. Nothing in this section prohibits the use of an offender's prior record for purposes of determining sentences for later offenses as provided in this chapter. Nothing in this section affects or prevents use of the offender's prior conviction in a later criminal prosecution either as an element of an offense or for impeachment purposes. A certificate of discharge is not based on a finding of rehabilitation.

       (5) Unless otherwise ordered by the sentencing court, a certificate of discharge shall not terminate the offender's obligation to comply with an order issued under chapter 10.99 RCW that excludes or prohibits the offender from having contact with a specified person or coming within a set distance of any specified location that was contained in the judgment and sentence. An offender who violates such an order after a certificate of discharge has been issued shall be subject to prosecution according to the chapter under which the order was originally issued.

       (6) Upon release from custody, the offender may apply to the department for counseling and help in adjusting to the community. This voluntary help may be provided for up to one year following the release from custody.

       NEW SECTION. Sec. 8. A new section is added to chapter 36.23 RCW to read as follows:

       The Washington association of county officials, in consultation with county clerks, shall determine a funding formula for allocation of moneys to counties for purposes of collecting legal financial obligations, and report this formula to the legislature and the administrative office of the courts by September 1, 2003. The Washington association of county officials shall report on the amounts of legal financial obligations collected by the county clerks to the appropriate committees of the legislature no later than December 1, 2004, and annually thereafter.

       NEW SECTION. Sec. 9. A new section is added to chapter 2.56 RCW to read as follows:

       By October 1, 2003, and annually thereafter, the administrative office of the courts shall distribute such funds to counties for county clerk collection budgets as are appropriated by the legislature for this purpose, using the funding formula recommended by the Washington association of county officials. The administrative office of the courts shall not deduct any amount for indirect or direct costs, and shall distribute the entire amount appropriated by the legislature to the counties for county clerk collection budgets. The administrative office of the courts shall report on the amounts distributed to counties to the appropriate committees of the legislature no later than December 1, 2003, and annually thereafter.

       The administrative office of the courts may expend for the purposes of billing for legal financial obligations, such funds as are appropriated for the legislature for this purpose.

       Sec. 10. RCW 4.56.100 and 1997 c 358 s 4 are each amended to read as follows:

       (1) When any judgment for the payment of money only shall have been paid or satisfied, the clerk of the court in which such judgment was rendered shall note upon the record in the execution docket satisfaction thereof giving the date of such satisfaction upon either the payment to such clerk of the amount of such judgment, costs and interest and any accrued costs by reason of the issuance of any execution, or the filing with such clerk of a satisfaction entitled in such action and identifying the same executed by the judgment creditor or his or her attorney of record in such action or his or her assignee acknowledged as deeds are acknowledged. The clerk has the authority to note the satisfaction of judgments for criminal and juvenile legal financial obligations when the clerk's record indicates payment in full or as directed by the court. Every satisfaction of judgment and every partial satisfaction of judgment which provides for the payment of money shall clearly designate the judgment creditor and his or her attorney if any, the judgment debtor, the amount or type of satisfaction, whether the satisfaction is full or partial, the cause number, and the date of entry of the judgment. A certificate by such clerk of the entry of such satisfaction by him or her may be filed in the office of the clerk of any county in which an abstract of such judgment has been filed. When so satisfied by the clerk or the filing of such certificate the lien of such judgment shall be discharged.

       (2) The department of social and health services shall file a satisfaction of judgment for welfare fraud conviction if a person does not pay money through the clerk as required under subsection (1) of this section.

       (((3) The department of corrections shall file a satisfaction of judgment if a person does not pay money through the clerk's office as required under subsection (1) of this section.))

       NEW SECTION. Sec. 11. A new section is added to chapter 9.94A RCW to read as follows:

       The provisions of this act apply to all offenders currently, or in the future, subject to sentences with unsatisfied legal financial obligations. The provisions of this act do not change the amount of any legal financial obligation or the maximum term for which any offender is, or may be, under the jurisdiction of the court for collection of legal financial obligations.

       Sec. 12. RCW 72.09.111 and 2002 c 126 s 2 are each amended to read as follows:

       (1) The secretary shall deduct taxes and legal financial obligations from the gross wages ((or)), gratuities, or workers' compensation benefits payable directly to the inmate under chapter 51.32 RCW, of each inmate working in correctional industries work programs, ((taxes and legal financial obligations)) or otherwise receiving such wages, gratuities, or benefits. The secretary shall develop a formula for the distribution of offender wages ((and)), gratuities, and benefits. The formula shall not reduce the inmate account below the indigency level, as defined in RCW 72.09.015.

       (a) The formula shall include the following minimum deductions from class I gross wages and from all others earning at least minimum wage:

       (I) Five percent to the public safety and education account for the purpose of crime victims' compensation;

       (ii) Ten percent to a department personal inmate savings account;

       (iii) Twenty percent to the department to contribute to the cost of incarceration; and

       (iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court.

       (b) The formula shall include the following minimum deductions from class II gross gratuities:

       (I) Five percent to the public safety and education account for the purpose of crime victims' compensation;

       (ii) Ten percent to a department personal inmate savings account;

       (iii) Fifteen percent to the department to contribute to the cost of incarceration; and

       (iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court.

       (c) The formula shall include the following minimum deductions from any workers' compensation benefits paid pursuant to RCW 51.32.080:

       (I) Five percent to the public safety and education account for the purpose of crime victims' compensation;

       (ii) Ten percent to a department personal inmate savings account;

       (iii) Twenty percent to the department to contribute to the cost of incarceration; and

       (iv) An amount equal to any legal financial obligations owed by the inmate established by an order of any Washington state superior court up to the total amount of the award.

       (d) The formula shall include the following minimum deduction from class IV gross gratuities: Five percent to the department to contribute to the cost of incarceration.

       (((d))) (e) The formula shall include the following minimum deductions from class III gratuities: Five percent for the purpose of crime victims' compensation.

       (2) Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW or sentenced to death shall be exempt from the requirement under subsection (1)(a)(ii) ((or)), (b)(ii) ((of this subsection)), or (c)(ii).

       (3) The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the time of his or her release from confinement, unless the secretary determines that an emergency exists for the inmate, at which time the funds can be made available to the inmate in an amount determined by the secretary. The management of classes I, II, and IV correctional industries may establish an incentive payment for offender workers based on productivity criteria. This incentive shall be paid separately from the hourly wage/gratuity rate and shall not be subject to the specified deduction for cost of incarceration.

       (4) In the event that the offender worker's wages ((or)), gratuity, or workers' compensation benefit is subject to garnishment for support enforcement, the crime victims' compensation, savings, and cost of incarceration deductions shall be calculated on the net wages after taxes, legal financial obligations, and garnishment.

       (((2))) (5) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and for encouraging participation in work programs, including development of incentive programs that offer inmates benefits and amenities paid for only from wages earned while working in a correctional industries work program.

       (((3))) (6) The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration and amenities. All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to the cost of incarceration shall be deposited in a dedicated fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries work programs.

       (((4))) (7) The expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:

       (a) Not later than June 30, 1995, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (b) Not later than June 30, 1996, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (c) Not later than June 30, 1997, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (d) Not later than June 30, 1998, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (e) Not later than June 30, 1999, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (f) Not later than June 30, 2000, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994.

       (((5))) (8) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on available contracts and resources.

       NEW SECTION. Sec. 13. A new section is added to chapter 51.32 RCW to read as follows:

       If the department of labor and industries has received notice that an injured worker entitled to benefits payable under this chapter is in the custody of the department of corrections pursuant to a conviction and sentence, the department shall send all such benefits to the worker in care of the department of corrections, except those benefits payable to a beneficiary as provided in RCW 51.32.040 (3)(c) and (4). Failure of the department to send such benefits to the department of corrections shall not result in liability to any party for either department.

       Sec. 14. RCW 51.32.040 and 1999 c 185 s 1 are each amended to read as follows:

       (1) Except as provided in RCW 43.20B.720 ((and)), 72.09.111, 74.20A.260, and section 13 of this act, no money paid or payable under this title shall, before the issuance and delivery of the check or warrant, be assigned, charged, or taken in execution, attached, garnished, or pass or be paid to any other person by operation of law, any form of voluntary assignment, or power of attorney. Any such assignment or charge is void unless the transfer is to a financial institution at the request of a worker or other beneficiary and made in accordance with RCW 51.32.045.

       (2)(a) If any worker suffers (I) a permanent partial injury and dies from some other cause than the accident which produced the injury before he or she receives payment of the award for the permanent partial injury or (ii) any other injury before he or she receives payment of any monthly installment covering any period of time before his or her death, the amount of the permanent partial disability award or the monthly payment, or both, shall be paid to the surviving spouse or the child or children if there is no surviving spouse. If there is no surviving spouse and no child or children, the award or the amount of the monthly payment shall be paid by the department or self-insurer and distributed consistent with the terms of the decedent's will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.

       (b) If any worker suffers an injury and dies from it before he or she receives payment of any monthly installment covering time loss for any period of time before his or her death, the amount of the monthly payment shall be paid to the surviving spouse or the child or children if there is no surviving spouse. If there is no surviving spouse and no child or children, the amount of the monthly payment shall be paid by the department or self-insurer and distributed consistent with the terms of the decedent's will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.

       (c) Any application for compensation under this subsection (2) shall be filed with the department or self-insuring employer within one year of the date of death. The department or self-insurer may satisfy its responsibilities under this subsection (2) by sending any payment due in the name of the decedent and to the last known address of the decedent.

       (3)(a) Any worker or beneficiary receiving benefits under this title who is subsequently confined in, or who subsequently becomes eligible for benefits under this title while confined in, any institution under conviction and sentence shall have all payments of the compensation canceled during the period of confinement. After discharge from the institution, payment of benefits due afterward shall be paid if the worker or beneficiary would, except for the provisions of this subsection (3), otherwise be entitled to them.

       (b) If any prisoner is injured in the course of his or her employment while participating in a work or training release program authorized by chapter 72.65 RCW and is subject to the provisions of this title, he or she is entitled to payments under this title, subject to the requirements of chapter 72.65 RCW, unless his or her participation in the program has been canceled, or unless he or she is returned to a state correctional institution, as defined in RCW 72.65.010(3), as a result of revocation of parole or new sentence.

       (c) If the confined worker has any beneficiaries during the confinement period during which benefits are canceled under (a) or (b) of this subsection, they shall be paid directly the monthly benefits which would have been paid to the worker for himself or herself and the worker's beneficiaries had the worker not been confined.

       (4) Any lump sum benefits to which a worker would otherwise be entitled but for the provisions of this section shall be paid on a monthly basis to his or her beneficiaries.

       NEW SECTION. Sec. 15. 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. 16. (1) Section 8 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003.

       (2) Sections 1 through 7 and 9 through 15 of this act take effect October 1, 2003."

MOTION

      On motion of Senator Stevens, the following amendment by Senators Stevens and Hargrove to the striking amendment was adopted:

       On page 17, after line 11 of the amendment, insert the following:

       "NEW SECTION. Sec. 10. A new section is added to chapter 9.94A RCW to read as follows:

       Notwithstanding any other provision of state law, monthly payment or starting dates set by the court or the department before or after the effective date of this section shall not be construed as a limitation on the due date or amount of legal financial obligations, which may be immediately collected by civil means. Monthly payments and commencement dates are to be construed to be applicable solely as a limitation upon the deprivation of an offender's liberty for nonpayment."

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

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Stevens and Hargrove, as amended, to Substitute Senate Bill No. 6002.

      The motion by Senator Stevens carried and the striking amendment, as amended, was adopted.

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

       On page 1, line 1 of the title, after "obligations;" strike the remainder of the title and insert "amending RCW 9.94A.760, 9.94A.750, 9.94A.780, 9.94A.637, 4.56.100, 72.09.111, and 51.32.040; reenacting and amending RCW 9.94A.753; adding new sections to chapter 9.94A RCW; adding a new section to chapter 36.23 RCW; adding a new section to chapter 2.56 RCW; adding a new section to chapter 51.32 RCW; creating a new section; providing effective dates; and declaring an emergency."

MOTION

      On motion of Senator Stevens, the rules were suspended, Engrossed Substitute Senate Bill No. 6002 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6002.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6002 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Jacobsen - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6002, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1420, by Representatives Quall, Schoesler, Eickmeyer, Sump, Grant, Kristiansen, Hunt, Blake, McDermott, Hatfield, Sehlin, Bailey and Linville

Allowing special districts to provide drainage ditches and tide gates.

      The bill was read the second time.

MOTION

      On motion of Senator Swecker, the rules were suspended, House Bill No. 1420 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1420.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1420 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Jacobsen - 1.

      HOUSE BILL NO. 1420, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5364, by Senators Zarelli, T. Sheldon, Regala, B. Sheldon, Winsley, McAuliffe, Hale and Rasmussen; by request of Governor Locke

Promoting economic development and community revitalization.

MOTIONS

      On motion of Senator Zarelli, Second Substitute Senate Bill No. 5364 was substituted for Senate Bill No. 5364 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Zarelli, the rules were suspended, Second Substitute Senate Bill No. 5364 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5364.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5364 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

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

     Voting nay: Senators Esser and Kline - 2.

      SECOND SUBSTITUTE SENATE BILL NO. 5364, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1707, by House Committee on Local Government (originally sponsored by Representatives Jarrett, Simpson, Shabro, Sullivan, Moeller, Berkey, Schindler, Linville and Anderson)

Revising environmental review provisions to improve the development approval process and enhance economic development.

      The bill was read the second time.

MOTION

      Senator Hargrove moved that the following amendment by Senators Hargrove, Doumit, and Morton be adopted:

       On page 2, after line 14, insert the following:

       "NEW SECTION. Sec. 2. A new section is added to chapter 43.21C RCW to read as follows:

       Any decision or action of the department of natural resources and the board of natural resources concerning state trust lands are exempt from all of the procedural requirements for the preparation of an environmental impact statement or the making of a threshold determination required by this chapter for class I, II, and III forest practices as defined by rules adopted by the forest practices board under RCW 76.09.050. Such forest practices include timber sales by the department of natural resources and the board of natural resources. State trust lands include federally granted trust lands, forest board transfer lands, forest board purchase lands, and the community college reserve trust lands.

       NEW SECTION. Sec. 3. A new section is added to chapter 79.68 RCW to read as follows:

       State trust lands are subject to the provisions of section 1 of this act."

       Renumber the remaining sections consecutively and correct internal references accordingly.

POINT OF ORDER

      Senator Fraser: “A point of order, Mr. President. I believe the amendment exceeds the scope and object of the bill. The underlying bill exempts from SEPA urban infill within urban growth areas. The amendment exempts timber sales from state trust lands, so I think, they are clearly very different and urge you to so rule.”

      Senator Hargrove: “Thank you, Mr. President. Both have--the underlying bill and the amendment--relate to exemptions from the SEPA process. It is just simply a different type of exemption, so I think that is just changing the definition.”

MOTION

      On motion of Senator Sheahan, further consideration of the amendment by Senators Hargrove, Doumit and Morton on page 2, after line 14, to Substitute House Bill No. 1707 was deferred.

MOTION

      On motion of Senator Hewitt, Senator Benton was excused.

MOTION

        Senator Mulliken moved that the following amendment by Senators Mulliken and Kline be adopted:

       On page 2, line 30, strike "voluntary measures by the proponent" and insert "mitigation measures included by changing, clarifying, or conditioning of the proposed action"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Mulliken and Kline on page 2, line 30, to Substitute House Bill No. 1707.

      The motion by Senator Mulliken carried and the amendment was adopted.

MOTION

      On motion of Senator Sheahan, further consideration of Substitute House Bill No. 1707 was deferred.

SECOND READING

      HOUSE BILL NO. 1292, by Representatives Rockefeller, Delvin, Grant, Moeller, Hankins, Hinkle, Mastin, Eickmeyer, Orcutt, Wallace, Fromhold, Haigh, Holmquist, McMahan and Woods

Authorizing additional superior court judicial positions.

      The bill was read the second time.

MOTION

      On motion of Senator McCaslin, the rules were suspended, House Bill No. 1292 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1292.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1292 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Absent: Senator Haugen - 1.

     Excused: Senator Benton - 1.

      HOUSE BILL NO. 1292, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

      There being no objection, the Senate resumed consideration of Substitute House Bill No. 1707 and the pending amendment by Senators Hargrove, Doumit and Morton on page 2, after line 14, deferred earlier today.

RULING BY THE PRESIDENT

      President Owen: “In ruling upon the point order raised by Senator Fraser as to the scope and object of the amendment by Senators Hargrove, Doumit and Morton to Substitute House Bill No. 1707, the President finds and rules as follows:

      “Substitute House Bill No. 1707 is a measure which exempts development of urban infill areas from the SEPA process. The amendment would exempt forest practices, including timber sales, from the SEPA process. While they both deal with exemptions from the SEPA process, the amendment exceeds the scope and object of the underlying bill, which has nothing to do with timber practices.       “Senator Fraser’s point is well taken.”

      The President declared the amendment by Senators Hargrove, Doumit and Morton on page 2, after line 4, to Substitute House Bill No. 1707 to be out of order.

MOTION

      On motion of Senator Mulliken, the rules were suspended, Substitute House Bill No. 1707, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1707, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1707, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 2; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 44.

     Voting nay: Senators Fairley, Fraser and Thibaudeau - 3.

     Absent: Senators Finkbeiner and Kline - 2.

      SUBSTITUTE HOUSE BILL NO. 1707, as amended by the Senate having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE JOINT MEMORIAL NO. 4014, by Representatives Woods, Miloscia, Priest, Hankins, Shabro, Rockefeller, Sehlin, Lovick, Bailey, Holmquist, Ericksen, Tom, Schindler, Clements, Morris, Anderson, Sullivan, Dickerson, Wood, Murray, Ruderman, Kirby, Kenney, Haigh, Kagi, Schual-Berke, Linville, Moeller, Chase, Romero, Simpson, Quall, Conway, Santos, Upthegrove, Darneille, Veloria, Pearson, Alexander, Skinner and Talcott

Naming the "Maryann Mitchell Memorial Interchange."

      The joint memorial was read the second time.

MOTION

      On motion of Senator Horn, the rules were suspended, House Joint Memorial No. 4014 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4014.

ROLL CALL

      The Secretary called the roll on the final passage of House Joint Memorial No. 4014 and the joint memorial passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      HOUSE JOINT MEMORIAL NO. 4014, having received the constitutional majority, was declared passed.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2027, by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Kirby, Delvin, Morris, DeBolt and Sullivan)

Regulating the sale of cigarettes.

      The bill was read the second time.

MOTION

      On motion of Senator Esser, the following Committee on Technology and Communications striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 70.155.010 and 1993 c 507 s 2 are each amended to read as follows:

       The definitions set forth in RCW 82.24.010 shall apply to RCW 70.155.020 through 70.155.130. In addition, for the purposes of this chapter, unless otherwise required by the context:

       (1) "Board" means the Washington state liquor control board.

       (2) "Delivery sale" means any sale of cigarettes to a consumer in the state where either: (a) The purchaser submits an order for a sale by means of a telephonic or other method of voice transmission, mail delivery, any other delivery service, or the internet or other online service; or (b) the cigarettes are delivered by use of mail delivery or any other delivery service. A sale of cigarettes shall be a delivery sale regardless of whether the seller is located within or without the state. A sale of cigarettes not for personal consumption to a person who is a wholesaler licensed pursuant to chapter 82.24 RCW or a retailer pursuant to chapter 82.24 RCW is not a delivery sale.

       (3) "Delivery service" means any private carrier engaged in the commercial delivery of letters, packages, or other containers that requires the recipient of that letter, package, or container to sign to accept delivery.

       (4) "Minor" refers to an individual who is less than eighteen years old.

       (((3))) (5) "Public place" means a public street, sidewalk, or park, or any area open to the public in a publicly owned and operated building.

       (((4))) (6) "Sample" means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotion purposes.

       (((5))) (7) "Sampler" means a person engaged in the business of sampling other than a retailer.

       (((6))) (8) "Sampling" means the distribution of samples to members of the general public in a public place.

       (((7))) (9) "Shipping container" means a container in which cigarettes are shipped in connection with a delivery sale.

       (10) "Shipping documents" means bills of lading, airbills, or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages, or other containers.

       (11) "Tobacco product" means a product that contains tobacco and is intended for human consumption.

       NEW SECTION. Sec. 2. A new section is added to chapter 70.155 RCW to read as follows:

       (1) It is unlawful for a person who mails, ships, or otherwise delivers cigarettes to fail to:

       (a) Verify the age of the receiver of the cigarettes upon delivery; and

       (b) Obtain in writing, before the first delivery sale of cigarettes, verification of the receiver's address and that the receiver of the cigarettes is not a minor. The statement must also confirm that the purchaser understands: (I) That signing another person's name to the certification is a violation of RCW 9A.60.040(1)(a); (ii) that the sale of cigarettes to a minor is a violation of RCW 26.28.080; (iii) that the purchase of cigarettes by minors is a violation of RCW 70.155.080; and (iv) that he or she has the option to receive mailings from a tobacco company about tobacco products.

       (2) It is unlawful for a person to mail, ship, or otherwise deliver cigarettes in connection with a delivery sale unless before the first delivery sale to the consumer that person:

       (a) Either verifies the information contained in the certification provided by the prospective consumer in subsection (1) of this section against a commercially available data base, or obtains a photocopy of an officially issued identification containing the bearer's age, signature, and photograph. The only forms of identification that are acceptable as proof of age for the purchase for tobacco products are: (I) A liquor control authority card of identification issued by a state of the United States or a province of Canada, (ii) a driver's license, instruction permit, or identification card issued by a state of the United States or a province of Canada, (iii) a United States military identification card, (iv) a passport, or (v) a merchant marine identification card issued by the United States coast guard;

       (b) Provides to the prospective consumer through electronic mail or other means a notice that meets the requirements of subsection (3) of this section; and

       (c) In the case of an order for cigarettes pursuant to an advertisement on the internet, receives payment for the delivery sale from the prospective consumer by a credit card or debit card, or by check that has been issued in the prospective consumer's name.

       (3) The notice required under subsection (2)(b) of this section must include:

       (a) A prominent and clearly legible statement that cigarette sales to minors are illegal;

       (b) A prominent and clearly legible statement that consists of one of the warnings set forth in section 4(a)(1) of the federal cigarette labeling and advertising act (15 U.S.C. Sec. 1333(a)(1)) rotated on a quarterly basis;

       (c) A prominent and clearly legible statement that sales of cigarettes are restricted to those consumers who provide verifiable proof of age in accordance with subsection (1) of this section; and

       (d) A prominent and clearly legible statement that cigarette sales are subject to tax pursuant to chapters 82.24 and 82.12 RCW, with an explanation of how the tax has been or is to be paid with respect to a delivery sale.

       (4) It is unlawful for a person who mails, ships, or otherwise delivers cigarettes in connection with a delivery sale to fail to:

       (a) Include as part of the bill of lading, or other shipping documents, a clear and conspicuous statement that states: "Cigarettes: Washington Law Prohibits Shipping to Individuals Under 18, and Requires the Payment of all Applicable Taxes";

       (b) Contract only with private carriers who employ delivery agents who will verify the receiver of the cigarettes is not a minor upon delivery. The only forms of identification that are acceptable as proof of age for the purchase for tobacco products are: (I) A liquor control authority card of identification issued by a state of the United States or a province of Canada, (ii) a driver's license, instruction permit, or identification card issued by a state of the United States or a province of Canada, (iii) a United States military identification card, (iv) a passport, or (v) a merchant marine identification card issued by the United States coast guard;

       (c) Provide to the delivery service retained for the delivery sale evidence of full compliance with this section.

       (5)(a) Before making delivery sales or mailings, shipping, or otherwise delivering cigarettes to a Washington address in connection with any sales, any person who mails, ships, or otherwise delivers cigarettes shall file with the board a statement setting forth the person's name, trade name, and the address of the person's principal place of business and any other place of business.

       (b) Any person who mails, ships, or otherwise delivers cigarettes in connection with a delivery sale shall within fifteen days after the first of each month file with the board a report of all delivery sales made by the person within this state for the preceding month. The report shall show the name and address of the consumer to whom the cigarettes were sold, the kind and quality, and the date of delivery thereof.

       (6)(a) Any person other than a delivery service who violates any of the provisions of this section is guilty of a class C felony punishable by up to five years in prison and a fine of ten thousand dollars, and payment of the cost of investigation and prosecution, including attorneys' fees.

       (b) Any person other than a delivery service who commits a second or subsequent violation of this section is a class B felony punishable by up to ten years in prison and a fine of twenty thousand dollars, and payment of the cost of investigation and prosecution, including attorneys' fees.

       (c) Any delivery service that violates any provision of this section shall be guilty of a gross misdemeanor punishable by up to one year in jail and a fine of five thousand dollars.

       (7) Any person that fails to collect or remit to the department of revenue any tax required under chapter 82.24 RCW in connection with a delivery sale shall be assessed, in addition to any other penalty, a penalty of five times the retail value of the cigarettes involved.

       (8) For the purpose of obtaining information concerning any matter relating to the administration or enforcement of this title, the board or any of its agents may inspect the books, documents, and records of any person who makes delivery sales or mailings, or ships or otherwise delivers cigarettes or retains another person to make delivery sales or mailings, or to ship or otherwise deliver cigarettes insofar as such books, documents, and/or records pertain to the financial transaction involved. If such a person neglects or refuses to produce and submit for inspection any book, record, or document as required by this section when requested to do so by the board or its agent, then the board or the attorney general may seek an order in superior court compelling such production of books, records, or documents.

       Sec. 3. 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.

       (1)(a) "Beneficial interest" means:

       (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.

       (c) A beneficial interest is considered to be located where the real property owned by the trustee is located.

       (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:

       (a) Murder, as defined in RCW 9A.32.030 and 9A.32.050;

       (b) Robbery, as defined in RCW 9A.56.200 and 9A.56.210;

       (c) Kidnapping, as defined in RCW 9A.40.020 and 9A.40.030;

       (d) Forgery, as defined in RCW 9A.60.020 and 9A.60.030;

       (e) Theft, as defined in RCW 9A.56.030, 9A.56.040, 9A.56.060, and 9A.56.080;

       (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;

       (h) Child selling or child buying, as defined in RCW 9A.64.030;

       (I) Bribery, as defined in RCW 9A.68.010, 9A.68.020, 9A.68.040, and 9A.68.050;

       (j) Gambling, as defined in RCW 9.46.220 and 9.46.215 and 9.46.217;

       (k) Extortion, as defined in RCW 9A.56.120 and 9A.56.130;

       (l) Extortionate extension of credit, as defined in RCW 9A.82.020;

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

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

       (o) Collection of an unlawful debt, as defined in RCW 9A.82.045;

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

       (q) Trafficking in stolen property, as defined in RCW 9A.82.050;

       (r) Leading organized crime, as defined in RCW 9A.82.060;

       (s) Money laundering, as defined in RCW 9A.83.020;

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

       (v) Promoting pornography, as defined in RCW 9.68.140;

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

       (x) Promoting prostitution, as defined in RCW 9A.88.070 and 9A.88.080;

       (y) Arson, as defined in RCW 9A.48.020 and 9A.48.030;

       (z) Assault, as defined in RCW 9A.36.011 and 9A.36.021;

       (aa) Assault of a child, as defined in RCW 9A.36.120 and 9A.36.130;

       (bb) A pattern of equity skimming, as defined in RCW 61.34.020;

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

       (dd) Trafficking in insurance claims, as defined in RCW 48.30A.015;

       (ee) Unlawful practice of law, as defined in RCW 2.48.180;

       (ff) Commercial bribery, as defined in RCW 9A.68.060;

       (gg) Health care false claims, as defined in RCW 48.80.030;

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

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

       (jj) Identity theft, as defined in RCW 9.35.020;

       (kk) Unlawful shipment of cigarettes in violation of section 2(6) (a) or (b) of this act; or

       (ll) Unlawful shipment of cigarettes in violation of RCW 82.24.110(2).

       (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.

       (20)(a) "Trustee" means:

       (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.

       (b) "Trustee" does not mean a person appointed or acting as:

       (I) A personal representative under Title 11 RCW;

       (ii) A trustee of any testamentary trust;

       (iii) A trustee of any indenture of trust under which a bond is issued; or

       (iv) A trustee under a deed of trust.

       (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:

       (a) In violation of any one of the following:

       (I) Chapter 67.16 RCW relating to horse racing;

       (ii) Chapter 9.46 RCW relating to gambling;

       (b) In a gambling activity in violation of federal law; or

       (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. 4. RCW 82.24.130 and 1999 c 193 s 3 are each amended to read as follows:

       (1) The following are subject to seizure and forfeiture:

       (a) Subject to RCW 82.24.250, any articles taxed in this chapter that are found at any point within this state, which articles are held, owned, or possessed by any person, and that do not have the stamps affixed to the packages or containers; and any container or package of cigarettes possessed or held for sale that does not comply with this chapter.

       (b) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of property described in (a) of this subsection, except:

       (I) A conveyance used by any person as a common or contract carrier having in actual possession invoices or delivery tickets showing the true name and address of the consignor or seller, the true name of the consignee or purchaser, and the quantity and brands of the cigarettes transported, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;

       (ii) A conveyance subject to forfeiture under this section by reason of any act or omission of which the owner thereof establishes to have been committed or omitted without his or her knowledge or consent;

       (iii) A conveyance encumbered by a bona fide security interest if the secured party neither had knowledge of nor consented to the act or omission.

       (c) Any vending machine used for the purpose of violating the provisions of this chapter.

       (d) All cigarettes sold, delivered, or attempted to be delivered in violation of section 2 of this act.

       (2) Property subject to forfeiture under this chapter may be seized by any agent of the department authorized to collect taxes, any enforcement officer of the board, or law enforcement officer of this state upon process issued by any superior court or district court having jurisdiction over the property. Seizure without process may be made if:

       (a) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; or

       (b) The department, the board, or the law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter and exigent circumstances exist making procurement of a search warrant impracticable.

       (3) Notwithstanding the foregoing provisions of this section, articles taxed in this chapter which are in the possession of a wholesaler or retailer, licensed under Washington state law, for a period of time necessary to affix the stamps after receipt of the articles, shall not be considered contraband."

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

       On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "amending RCW 70.155.010 and 82.24.130; reenacting and amending RCW 9A.82.010; adding a new section to chapter 70.155 RCW; and prescribing penalties."

MOTION

      On motion of Senator Esser, the rules were suspended, Substitute House Bill No. 2027, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2027, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2027, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 2027, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Eide, Senator Fairley was excused.

SECOND READING

      HOUSE BILL NO. 2063, by Representatives Kristiansen, Blake, Linville, Schoesler, Hatfield, Eickmeyer and Orcutt

Extending the expiration date for reporting requirements on timber purchases.

      The bill was read the second time.

MOTION

      On motion of Senator Morton, the rules were suspended, House Bill No. 2063 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2063.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2063 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Fairley - 1.

      HOUSE BILL NO. 2063, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      ENGROSSED HOUSE BILL NO. 1726, by Representatives Haigh and Armstrong (by request of Office of Financial Management)

Changing provisions relating to an employer's indebtedness to a deceased person for unpaid wages, labor, or services performed.

      The bill was read the second time.

MOTION

      On motion of Senator Roach, the rules were suspended, Engrossed House Bill No. 1726 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1726.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed House Bill No. 1726 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Fairley - 1.

      ENGROSSED HOUSE BILL NO. 1726, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      ENGROSSED SENATE BILL NO. 5991, by Senators Stevens, Hargrove, Parlette, Regala, Carlson, McAuliffe and Winsley

Changing minimum requirements for the existing secure community transition facility.

      The bill was read the second time.

MOTION

      Senator Stevens moved that the following striking amendment by Senators Stevens and Hargrove be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 71.09.300 and 2001 2nd sp.s. c 12 s 216 are each amended to read as follows:

       (((1))) Secure community transition facilities shall meet the following minimum staffing requirements:

       (1)(a) At any time the census of a facility that accepts its first resident before July 1, 2003, is six or fewer residents, the facility shall maintain a minimum staffing ratio of one staff per three residents during normal waking hours and one awake staff per four residents during normal sleeping hours. In no case shall the staffing ratio permit less than two staff per housing unit.

       (b) At any time the census of a facility that accepts its first resident on or after July 1, 2003, is six or fewer residents, the facility shall maintain a minimum staffing ratio of one staff per resident during normal waking hours and two awake staff per three residents during normal sleeping hours. In no case shall the staffing ratio permit less than two staff per housing unit.

       (((b))) (2) At any time the census of a facility is six or fewer residents, all staff shall be classified as residential rehabilitation counselor II or have a classification that indicates ((a)) an equivalent or higher level of skill, experience, and training.

       (((c))) (3) Before being assigned to a facility, all staff shall have training in sex offender issues, self-defense, and crisis de- escalation skills in addition to departmental orientation and, as appropriate, management training. All staff with resident treatment or care duties must participate in ongoing in-service training.

       (((d))) (4) All staff must pass a departmental background check and the check is not subject to the limitations in chapter 9.96A RCW. A person who has been convicted of a felony, or any sex offense, may not be employed at the secure community transition facility or be approved as an escort for a resident of the facility.

       (((2) With respect to the facility established pursuant to RCW 71.09.250(1), the department shall, no later than December 1, 2001, provide a staffing plan to the appropriate committees of the legislature that will cover the growth of that facility to its full capacity.))

       Sec. 2. RCW 71.09.020 and 2002 c 68 s 4 and 2002 c 58 s 2 are each reenacted and amended to read as follows:

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

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

       (2) "Health care facility" means any hospital, hospice care center, licensed or certified health care facility, health maintenance organization regulated under chapter 48.46 RCW, federally qualified health maintenance organization, federally approved renal dialysis center or facility, or federally approved blood bank.

       (3) "Health care practitioner" means an individual or firm licensed or certified to engage actively in a regulated health profession.

       (4) "Health care services" means those services provided by health professionals licensed pursuant to RCW 18.120.020(4).

       (5) "Health profession" means those licensed or regulated professions set forth in RCW 18.120.020(4).

       (6) "Less restrictive alternative" means court-ordered treatment in a setting less restrictive than total confinement which satisfies the conditions set forth in RCW 71.09.092.

       (7) "Likely to engage in predatory acts of sexual violence if not confined in a secure facility" means that the person more probably than not will engage in such acts if released unconditionally from detention on the sexually violent predator petition. Such likelihood must be evidenced by a recent overt act if the person is not totally confined at the time the petition is filed under RCW 71.09.030.

       (8) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.

       (9) "Predatory" means acts directed towards: (a) Strangers; (b) individuals with whom a relationship has been established or promoted for the primary purpose of victimization; or (c) persons of casual acquaintance with whom no substantial personal relationship exists.

       (10) "Recent overt act" means any act or threat that has either caused harm of a sexually violent nature or creates a reasonable apprehension of such harm in the mind of an objective person who knows of the history and mental condition of the person engaging in the act.

       (11) "Risk potential activity" or "risk potential facility" means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. Risk potential activities and facilities include: Public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, and others identified by the department following the hearings on a potential site required in RCW 71.09.315. For purposes of this chapter, "school bus stops" does not include bus stops established primarily for public transit.

       (12) "Secretary" means the secretary of social and health services or the secretary's designee.

       (13) "Secure facility" means a residential facility for persons civilly confined under the provisions of this chapter that includes security measures sufficient to protect the community. Such facilities include total confinement facilities, secure community transition facilities, and any residence used as a court-ordered placement under RCW 71.09.096.

       (14) "Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the ((facilities)) facility established pursuant to RCW 71.09.250(1)(a)(I) and any community-based facilities established under this chapter and operated by the secretary or under contract with the secretary.

       (15) "Sexually violent offense" means an act committed on, before, or after July 1, 1990, that is: (a) An act defined in Title 9A RCW as rape in the first degree, rape in the second degree by forcible compulsion, rape of a child in the first or second degree, statutory rape in the first or second degree, indecent liberties by forcible compulsion, indecent liberties against a child under age fourteen, incest against a child under age fourteen, or child molestation in the first or second degree; (b) a felony offense in effect at any time prior to July 1, 1990, that is comparable to a sexually violent offense as defined in (a) of this subsection, or any federal or out-of-state conviction for a felony offense that under the laws of this state would be a sexually violent offense as defined in this subsection; (c) an act of murder in the first or second degree, assault in the first or second degree, assault of a child in the first or second degree, kidnapping in the first or second degree, burglary in the first degree, residential burglary, or unlawful imprisonment, which act, either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to this chapter, has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the felonies designated in (a), (b), or (c) of this subsection.

       (16) "Sexually violent predator" means any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

       (17) "Total confinement facility" means a secure facility that provides supervision and sex offender treatment services in a total confinement setting. Total confinement facilities include the special commitment center and any similar facility designated as a ((secure)) total confinement facility by the secretary.

       Sec. 3. RCW 71.09.250 and 2001 2nd sp.s. c 12 s 201 are each amended to read as follows:

       (1)(a) The secretary is authorized to site, construct, occupy, and operate (I) a secure community transition facility on McNeil Island for persons authorized to petition for a less restrictive alternative under RCW 71.09.090(1) and who are conditionally released; and (ii) a special commitment center on McNeil Island with up to four hundred four beds as a total confinement facility under this chapter, subject to appropriated funding for those purposes. The secure community transition facility shall be authorized for the number of beds needed to ensure compliance with the orders of the superior courts under this chapter and the federal district court for the western district of Washington. The total number of beds in the secure community transition facility shall be limited to twenty-four, consisting of up to fifteen transitional beds ((shall be limited to fifteen)) and up to nine pretransitional beds. The residents occupying ((these)) the transitional beds shall be the only residents eligible for transitional services occurring in Pierce county. In no event shall more than fifteen residents of the secure community transition facility be participating in off-island transitional, educational, or employment activity at the same time in Pierce county. The department shall provide the Pierce county sheriff, or his or her designee, with a list of the fifteen residents so designated, along with their photographs and physical descriptions, and ((it)) the list shall be immediately updated whenever a residential change occurs. The Pierce county sheriff, or his or her designee, shall be provided an opportunity to confirm the residential status of each resident leaving McNeil Island.

       (b) For purposes of this subsection, "transitional beds" means beds only for residents ((in halfway house status)) who are judged by a qualified expert to be suitable to leave the island for treatment, education, and employment.

       (2)(a) The secretary is authorized to site, either within the secure community transition facility established pursuant to subsection (1)(a)(I) of this section, or within the special commitment center, up to nine pretransitional beds.

       (b) Residents assigned to pretransitional beds shall not be permitted to leave McNeil Island for education, employment, treatment, or community activities in Pierce county.

       (c) For purposes of this subsection, "pretransitional beds" means beds for residents whose progress toward a less secure residential environment and transition into more complete community involvement is projected to take substantially longer than a typical resident of the special commitment center.

       (3) Notwithstanding RCW 36.70A.103 or any other law, this statute preempts and supersedes local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary to enable the secretary to site, construct, occupy, and operate a secure community transition facility on McNeil Island and a total confinement facility on McNeil Island.

       (4) To the greatest extent possible, until June 30, 2003, persons who were not civilly committed from the county in which the secure community transition facility established pursuant to subsection (1) of this section is located may not be conditionally released to a setting in that same county less restrictive than that facility.

       (5) As of June 26, 2001, the state shall immediately cease any efforts in effect on such date to site secure community transition facilities, other than the facility authorized by subsection (1) of this section, and shall instead site such facilities in accordance with the provisions of this section.

       (6) The department must:

       (a) Identify the minimum and maximum number of secure community transition facility beds in addition to the facility established under subsection (1) of this section that may be necessary for the period of May 2004 through May 2007 and provide notice of these numbers to all counties by August 31, 2001; and

       (b) ((In consultation with the joint select committee established in section 225, chapter 12, Laws of 2001 2nd sp. sess.,)) Develop and publish policy guidelines for the siting and operation of secure community transition facilities ((by October 1, 2001; and

       (c) Provide a status report to the appropriate committees of the legislature by December 1, 2002, on the development of facilities under the incentive program established in RCW 71.09.255. The report shall include a projection of the anticipated number of secure community transition facility beds that will become operational between May 2004 and May 2007. If it appears that an insufficient number of beds will be operational, the department's report shall recommend a progression of methods to facilitate siting in counties and cities including, if necessary, preemption of local land use planning process and other laws)).

       (7)(a) The total number of secure community transition facility beds that may be required to be sited in a county between June 26, 2001, and June 30, 2008, may be no greater than the total number of persons civilly committed from that county, or detained at the special commitment center under a pending civil commitment petition from that county where a finding of probable cause had been made on April 1, 2001. The total number of secure community transition facility beds required to be sited in each county between July 1, 2008, and June 30, 2015, may be no greater than the total number of persons civilly committed from that county or detained at the special commitment center under a pending civil commitment petition from that county where a finding of probable cause had been made as of July 1, 2008.

       (b) Counties and cities that provide secure community transition facility beds above the maximum number that they could be required to site under this subsection are eligible for a bonus grant under the incentive provisions in RCW 71.09.255. The county where the special commitment center is located shall receive this bonus grant for the number of beds in the facility established in subsection (1) of this section in excess of the maximum number established by this subsection.

       (c) No secure community transition facilities in addition to the one established in subsection (1) of this section may be required to be sited in the county where the special commitment center is located until after June 30, 2008, provided however, that the county and its cities may elect to site additional secure community transition facilities and shall be eligible under the incentive provisions of RCW 71.09.255 for any additional facilities meeting the requirements of that section.

       (8) In identifying potential sites within a county for the location of a secure community transition facility, the department shall work with and assist local governments to provide for the equitable distribution of such facilities. In coordinating and deciding upon the siting of secure community transition facilities, great weight shall be given by the county and cities within the county to:

       (a) The number and location of existing residential facility beds operated by the department of corrections or the mental health division of the department of social and health services in each jurisdiction in the county; and

       (b) The number of registered sex offenders classified as level II or level III and the number of sex offenders registered as homeless residing in each jurisdiction in the county.

       (9)(a) "Equitable distribution" means siting or locating secure community transition facilities in a manner that will not cause a disproportionate grouping of similar facilities either in any one county, or in any one jurisdiction or community within a county, as relevant; and

       (b) "Jurisdiction" means a city, town, or geographic area of a county in which ((district)) distinct political or judicial authority may be exercised.

       Sec. 4. RCW 71.09.275 and 2001 2nd sp.s. c 12 s 211 are each amended to read as follows:

       (1) ((By August 1, 2001, the department must provide the appropriate committees of the legislature with a transportation plan to address the issues of coordinating the movement of residents of the secure community transition facility established pursuant to RCW 71.09.250(1) between McNeil Island and the mainland with the movement of others who must use the same docks or equipment within the funds appropriated for this purpose.

       (2))) If the department does not provide a separate vessel for transporting residents of the secure community transition facility established in RCW 71.09.250(1) between McNeil Island and the mainland, the ((plan)) department shall ((include at least the following components)):

       (a) ((The)) Separate residents ((shall be separated)) from minors and vulnerable adults, except vulnerable adults who have been found to be sexually violent predators.

       (b) ((The)) Not transport residents ((shall not be transported)) during times when children are normally coming to and from the mainland for school.

       (((3))) (2) The department shall designate a separate waiting area at the points of debarkation, and residents shall be required to remain in this area while awaiting transportation.

       (((4))) (3) The department shall provide law enforcement agencies in the counties and cities in which residents of the secure community transition facility established pursuant to RCW 71.09.250(1)(a)(I) regularly participate in employment, education, or social services, or through which these persons are regularly transported, with a copy of the court's order of conditional release with respect to these persons.

       Sec. 5. RCW 71.09.290 and 2001 2nd sp.s. c 12 s 214 are each amended to read as follows:

       The secretary shall establish policy guidelines for the siting of secure community transition facilities, other than the secure community transition facility established pursuant to RCW 71.09.250(1)(a)(I), which shall include at least the following minimum requirements:

       (1) The following criteria must be considered prior to any real property being listed for consideration for the location of or use as a secure community transition facility:

       (a) The proximity and response time criteria established under RCW 71.09.285;

       (b) The site or building is available for lease for the anticipated use period or for purchase;

       (c) Security monitoring services and appropriate back-up systems are available and reliable;

       (d) Appropriate mental health and sex offender treatment providers must be available within a reasonable commute; and

       (e) Appropriate permitting for a secure community transition facility must be possible under the zoning code of the local jurisdiction.

       (2) For sites which meet the criteria of subsection (1) of this section, the department shall analyze and compare the criteria in subsections (3) through (5) of this section using the method established in RCW 71.09.285.

       (3) Public safety and security criteria shall include at least the following:

       (a) Whether limited visibility between the facility and adjacent properties can be achieved prior to placement of any person;

       (b) The distance from, and number of, risk potential activities and facilities, as measured using the ((rules)) policies adopted under RCW 71.09.285;

       (c) The existence of or ability to establish barriers between the site and the risk potential facilities and activities;

       (d) Suitability of the buildings to be used for the secure community transition facility with regard to existing or feasibly modified features; and

       (e) The availability of electronic monitoring that allows a resident's location to be determined with specificity.

       (4) Site characteristics criteria shall include at least the following:

       (a) Reasonableness of rental, lease, or sale terms including length and renewability of a lease or rental agreement;

       (b) Traffic and access patterns associated with the real property;

       (c) Feasibility of complying with zoning requirements within the necessary time frame; and

       (d) A contractor or contractors are available to install, monitor, and repair the necessary security and alarm systems.

       (5) Program characteristics criteria shall include at least the following:

       (a) Reasonable proximity to available medical, mental health, sex offender, and chemical dependency treatment providers and facilities;

       (b) Suitability of the location for programming, staffing, and support considerations;

       (c) Proximity to employment, educational, vocational, and other treatment plan components.

       (6) For purposes of this section "available" or "availability" of qualified treatment providers includes provider qualifications and willingness to provide services, average commute time, and cost of services.

       NEW SECTION. Sec. 6. RCW 71.09.270 (Transition facility--Law enforcement presence) and 2001 2nd sp.s. c 12 s 210 are each repealed.

       NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

       NEW SECTION. Sec. 8. 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 July 1, 2003."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Stevens and Hargrove to Senate Bill No. 5991.

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

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

       On page 1, line 2 of the title, after "facility;" strike the remainder of the title and insert "amending RCW 71.09.300, 71.09.250, 71.09.275, and 71.09.290; reenacting and amending RCW 71.09.020; repealing RCW 71.09.270; providing an effective date; and declaring an emergency."

MOTION

      On motion of Senator Stevens, the rules were suspended, Engrossed Senate Bill No. 5991 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5991.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5991 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Esser, Fairley, Finkbeiner, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kline, Kohl-Welles, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 39.

     Voting nay: Senators Doumit, Eide, Franklin, Jacobsen, Kastama, Keiser, Prentice, Rasmussen and Roach - 9.

     Absent: Senator McAuliffe - 1.

      ENGROSSED SENATE BILL NO. 5991, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

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

MESSAGE FROM THE HOUSE

April 10, 2003

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5006, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

SIGNED BY THE PRESIDENT

      The President signed:

      SUBSTITUTE SENATE BILL NO. 5006.

MOTION

      At 4:28 p.m., on motion of Senator Sheahan, the Senate was declared to be at ease.

      The Senate was called to order at 6:54 p.m. by President Owen.

      There being no objection, the President advanced the Senate to the sixth order of business.

MOTION

      On motion of Senator Sheahan, Senators Horn and McCaslin were excused.

MOTION

      On motion of Senator Eide, Senator Poulsen was excused.

MOTION

      On motion of Senator Hewitt, Senator Schmidt was excused.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1269, by House Committee on Agriculture and Natural Resources (originally sponsored by Representatives Linville and Schoesler) (by request of Department of Agriculture)

Regulating structural pest inspectors.

      The bill was read the second time.

MOTION

      On motion of Senator Swecker, the rules were suspended, Substitute House Bill No. 1269 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1269.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1269 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.

     Voting nay: Senator Finkbeiner - 1.

     Excused: Senators Horn, McCaslin, Poulsen and Schmidt - 4.

      SUBSTITUTE HOUSE BILL NO. 1269, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SECOND SUBSTITUTE HOUSE BILL NO. 1841, by House Committee on Appropriations (originally sponsored by Representatives Kagi, Boldt, O'Brien, McIntire, Hunt, Schual-Berke, Shabro, Cooper, Linville, Pettigrew, Upthegrove, Moeller, Darneille, Miloscia, Dickerson, Clements, Armstrong, Orcutt, Fromhold, Delvin, Roach, Kenney, Haigh, Lovick, Chase, Santos and Hudgins)

Establishing funding criteria for prevention and early intervention services.

      The bill was read the second time.

MOTION

      On motion of Senator Stevens, the following Committee on Children and Family Services and Corrections striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 70.190 RCW to read as follows:

       The legislature finds that investment in effective prevention and early intervention services: (1) Produces immediate and long-term improvements for children and families; and (2) avoids future public costs in education, child welfare, substance abuse, health, and mental health treatment, law enforcement, the courts, and juvenile and adult corrections. The legislature further finds that state agencies receiving funds for prevention and early intervention services should contract for or operate services that have a strong likelihood of achieving expected outcomes.

       NEW SECTION. Sec. 2. A new section is added to chapter 70.190 RCW to read as follows:

       (1) The family policy council shall, by June 30, 2004, identify and recommend criteria for funding prevention and early intervention services and programs in the department of social and health services, children's administration that are either state-operated or contracted. The criteria must require that funded programs, at a minimum: (a) Define clear, measurable outcomes; (b) identify research that may be applicable; (c) identify anticipated cost benefits; (d) describe broad community involvement, support, and partnerships; and (e) provide data related to program outcomes and cost benefits.

       (2) The family policy council shall begin collecting and analyzing the program outcome and cost benefit data July 1, 2005.

       (3) For the purposes of this section, "prevention and early intervention services and programs" may include, but not be limited to, the following state-operated or contracted programs or their successors:

       (a) Alternate response system;

       (b) Family reconciliation services;

       (c) Family preservation services;

       (d) Intensive family preservation services;

       (e) Continuum of care;

       (f) Parent trust programs;

       (g) Public health nurse early intervention program; or

       (h) Other prevention and early intervention services and programs.

       (4) The department of social and health services, children's administration shall incorporate the recommended funding criteria into contracts and operating procedures beginning January 1, 2005, within existing resources.

       NEW SECTION. Sec. 3. A new section is added to chapter 70.190 RCW to read as follows:

       Nothing in this act creates:

       (1) An entitlement to services;

       (2) Judicial authority to order the provision of services to any person or family if the services are unavailable or unsuitable, or the child or family is not eligible for such services; or

       (3) A private right of action or claim on the part of any individual, entity, or agency against the family policy council, any state agency, or contractor.

       NEW SECTION. Sec. 4. A new section is added to chapter 70.190 RCW to read as follows:

       The family policy council shall itself or by contract identify and recommend the criteria described in section 2 of this act.

       The family policy council shall: Beginning with its 2005 annual report and each subsequent report, list the prevention and early intervention services to which the funding criteria established in section 2(1) of this act are applied; and beginning with its 2006 annual report and in each subsequent annual report, include the outcome and cost benefit data collected under section 2(2) of this act and provide an analysis of the success and cost benefit program outcomes."

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

       On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "and adding new sections to chapter 70.190 RCW."

MOTION

      On motion of Senator Stevens, the rules were suspended, Second Substitute House Bill No. 1841, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

      Senator Thibaudeau: “Senator Stevens, did I understand you to say that you will now have the Family Policy Council establishing the criteria for Children and Family Services?”

      Senator Stevens: “It is recommended criteria, not establishing criteria. If I said that, I misspoke.”

      Senator Thibaudeau: “Thank you.”

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1841, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1841, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

     Excused: Senators Horn, McCaslin, Poulsen and Schmidt - 4.

      SECOND SUBSTITUTE HOUSE BILL NO. 1841, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1106, by Representatives Bush, Haigh, Kenney, Miloscia, McDonald, Campbell, Cox, Edwards, Clements, Veloria, Wood, Pearson, Schindler, Mielke, Woods, Sullivan, Shabro, Roach, Benson, Buck, Condotta, Talcott, Priest, Sump, Carrell, Anderson, Lantz, Schoesler, Darneille, Nixon, Kagi, Boldt, Lovick, McDermott, Pflug, McCoy, Upthegrove and McMahan

Authorizing the secretary of state to observe county election facilities.

      The bill was read the second time.

MOTION

      On motion of Senator Sheahan, the rules were suspended, House Bill No. 1106 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1106.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1106 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 44.

     Voting nay: Senator Thibaudeau - 1.

     Excused: Senators Horn, McCaslin, Poulsen and Schmidt - 4.

      HOUSE BILL NO. 1106, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5071, by Senators Reardon, Schmidt, Shin, Stevens and Rasmussen

Revising business and occupation taxation for certain aviation businesses.

MOTIONS

      On motion of Senator Rossi, Substitute Senate Bill No. 5071 was substituted for Senate Bill No. 5071 and the substitute bill was placed on second reading and read the second time.

      Senator Roach moved that the following amendment by Senators Roach, Tim Sheldon and Morton be adopted:

       On page 2, line 7, after "station with" strike "an airframe class 4 rating and limited capabilities in instruments, radio equipment" and insert "airframe and instrument ratings and limited ratings for nondestructive testing, radio, Class 3 Accessory and"

       Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Roach, Tim Sheldon and Morton on page 2, line 7, to Substitute Senate Bill No. 5071.

      The motion by Senator Roach carried and the amendment was adopted.

MOTION

      On motion of Senator Rossi, the rules were suspended, Engrossed Substitute Senate Bill No. 5071 was advanced to third reading, the second reading considered the third and the bill was placed on final passage

POINT OF INQUIRY

      Senator Regala: “Senator Reardon, can you tell me what the fiscal cost is now that the bill has been amended?”

      Senator Reardon: “Specifically, I am unable to do that. I will tell you this. The fiscal note that was presented was around a million dollars. The same piece of legislation was introduced last year in the House, by me, and the fiscal note was three hundred and fifty thousand dollars. What I would submit to you is the current fiscal note of million dollars is much higher than what it will actually cost. Most of that money will be captured in paper work. The addition of the amendment from the good lady in the thirty-fifth district, I don’t believe, will increase the fiscal note, because the fiscal note right now is inflated. I think the bill will roughly cost, maybe, three hundred and fifty thousand dollars--total. The addition of the amendment, I don’t think, will have much impact at all”

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5071.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5071 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 11; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Keiser, Kohl-Welles, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 34.

     Voting nay: Senators Brown, Fairley, Franklin, Fraser, Johnson, Kastama, Kline, McAuliffe, Regala, Spanel and Thibaudeau - 11.

     Excused: Senators Horn, McCaslin, Poulsen and Schmidt - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5071, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1904, by House Committee on Health Care (originally sponsored by Representatives O’Brien, Boldt, Kagi, Roach and Miloscia)

      Revising standards for reporting incidents involving harm to vulnerable adults.

      The bill was read the second time.

MOTION

      Senator Deccio moved that the following Committee on Health and Long-Term Care striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 74.34.020 and 1999 c 176 s 3 are each amended to read as follows:

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

       (1) "Abandonment" means action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the vulnerable person without the means or ability to obtain necessary food, clothing, shelter, or health care.

       (2) "Abuse" means the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult. In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish. Abuse includes sexual abuse, mental abuse, physical abuse, and exploitation of a vulnerable adult, which have the following meanings:

       (a) "Sexual abuse" means any form of nonconsensual sexual contact, including but not limited to unwanted or inappropriate touching, rape, sodomy, sexual coercion, sexually explicit photographing, and sexual harassment. Sexual abuse includes any sexual contact between a staff person, who is not also a resident or client, of a facility or a staff person of a program authorized under chapter 71A.12 RCW, and a vulnerable adult living in that facility or receiving service from a program authorized under chapter 71A.12 RCW, whether or not it is consensual.

       (b) "Physical abuse" means the willful action of inflicting bodily injury or physical mistreatment. Physical abuse includes, but is not limited to, striking with or without an object, slapping, pinching, choking, kicking, shoving, prodding, or the use of chemical restraints or physical restraints unless the restraints are consistent with licensing requirements, and includes restraints that are otherwise being used inappropriately.

       (c) "Mental abuse" means any willful action or inaction of mental or verbal abuse. Mental abuse includes, but is not limited to, coercion, harassment, inappropriately isolating a vulnerable adult from family, friends, or regular activity, and verbal assault that includes ridiculing, intimidating, yelling, or swearing.

       (d) "Exploitation" means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.

       (3) "Consent" means express written consent granted after the vulnerable adult or his or her legal representative has been fully informed of the nature of the services to be offered and that the receipt of services is voluntary.

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

       (5) "Facility" means a residence licensed or required to be licensed under chapter 18.20 RCW, boarding homes; chapter 18.51 RCW, nursing homes; chapter 70.128 RCW, adult family homes; chapter 72.36 RCW, soldiers' homes; or chapter 71A.20 RCW, residential habilitation centers; or any other facility licensed by the department.

       (6) "Financial exploitation" means the illegal or improper use of the property, income, resources, or trust funds of the vulnerable adult by any person for any person's profit or advantage.

       (7) "Individual provider" means a person under contract with the department to provide services in the home under chapter 74.09 or 74.39A RCW.

       (8) "Mandated reporter" is an employee of the department; law enforcement officer; social worker; professional school personnel; individual provider; an employee of a facility; an operator of a facility; an employee of a social service, welfare, mental health, adult day health, adult day care, home health, home care, or hospice agency; county coroner or medical examiner; Christian Science practitioner; or health care provider subject to chapter 18.130 RCW.

       (9) "Neglect" means (a) a pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services that maintain physical or mental health of a vulnerable adult, or that fails to avoid((s)) or prevent((s)) physical or mental harm or pain to a vulnerable adult; or (b) an act or omission that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult's health, welfare, or safety.

       (10) "Permissive reporter" means any person, employee of a financial institution, attorney, or volunteer in a facility or program providing services for vulnerable adults.

       (11) "Protective services" means any services provided by the department to a vulnerable adult with the consent of the vulnerable adult, or the legal representative of the vulnerable adult, who has been abandoned, abused, financially exploited, neglected, or in a state of self-neglect. These services may include, but are not limited to case management, social casework, home care, placement, arranging for medical evaluations, psychological evaluations, day care, or referral for legal assistance.

       (12) "Self-neglect" means the failure of a vulnerable adult, not living in a facility, to provide for himself or herself the goods and services necessary for the vulnerable adult's physical or mental health, and the absence of which impairs or threatens the vulnerable adult's well-being. This definition may include a vulnerable adult who is receiving services through home health, hospice, or a home care agency, or an individual provider when the neglect is not a result of inaction by that agency or individual provider.

       (13) "Vulnerable adult" includes a person:

       (a) Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself; or

       (b) Found incapacitated under chapter 11.88 RCW; or

       (c) Who has a developmental disability as defined under RCW 71A.10.020; or

       (d) Admitted to any facility; or

       (e) Receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or

       (f) Receiving services from an individual provider.

       Sec. 2. RCW 74.34.035 and 1999 c 176 s 5 are each amended to read as follows:

       (1) When there is reasonable cause to believe that abandonment, abuse, financial exploitation, or neglect of a vulnerable adult has occurred, mandated reporters shall immediately report to the department.

       ((If)) (2) When there is reason to suspect that sexual ((or physical)) assault has occurred, mandated reporters shall immediately report to the appropriate law enforcement agency and to the department.

       (((2))) (3) When there is reason to suspect that physical assault has occurred or there is reasonable cause to believe that an act has caused fear of imminent harm:

       (a) Mandated reporters shall immediately report to the department; and

       (b) Mandated reporters shall immediately report to the appropriate law enforcement agency, except as provided in subsection (4) of this section.

       (4) A mandated reporter is not required to report to a law enforcement agency, unless requested by the injured vulnerable adult or his or her legal representative or family member, an incident of physical assault between vulnerable adults that causes minor bodily injury and does not require more than basic first aid, unless:

       (a) The injury appears on the back, face, head, neck, chest, breasts, groin, inner thigh, buttock, genital, or anal area;

       (b) There is a fracture;

       (c) There is a pattern of physical assault between the same vulnerable adults or involving the same vulnerable adults; or

       (d) There is an attempt to choke a vulnerable adult.

       (5) Permissive reporters may report to the department or a law enforcement agency when there is reasonable cause to believe that a vulnerable adult is being or has been abandoned, abused, financially exploited, or neglected.

       (((3))) (6) No facility, as defined by this chapter, agency licensed or required to be licensed under chapter 70.127 RCW, or facility or agency under contract with the department to provide care for vulnerable adults may develop policies or procedures that interfere with the reporting requirements of this chapter.

       (((4))) (7) Each report, oral or written, must contain as much as possible of the following information:

       (a) The name and address of the person making the report;

       (b) The name and address of the vulnerable adult and the name of the facility or agency providing care for the vulnerable adult;

       (c) The name and address of the legal guardian or alternate decision maker;

       (d) The nature and extent of the abandonment, abuse, financial exploitation, neglect, or self-neglect;

       (e) Any history of previous abandonment, abuse, financial exploitation, neglect, or self-neglect;

       (f) The identity of the alleged perpetrator, if known; and

       (g) Other information that may be helpful in establishing the extent of abandonment, abuse, financial exploitation, neglect, or the cause of death of the deceased vulnerable adult.

       (((5))) (8) Unless there is a judicial proceeding or the person consents, the identity of the person making the report under this section is confidential.

       NEW SECTION. Sec. 3. 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."

MOTION

      Senator Roach moved that the following amendment by Senators Roach, Rossi, Rasmussen, Keiser and Eide to the Committee on Health and Long-Term Care striking amendment be adopted:

       On page 5, after line 23 of the amendment, insert the following:

       "Sec. 3. RCW 4.24.550 and 2002 c 118 s 1 are each amended to read as follows:

       (1) In addition to the disclosure under subsection (5) of this section, public agencies are authorized to release information to the public regarding sex offenders and kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender. This authorization applies to information regarding: (a) Any person adjudicated or convicted of a sex offense as defined in RCW 9A.44.130 or a kidnapping offense as defined by RCW 9A.44.130; (b) any person under the jurisdiction of the indeterminate sentence review board as the result of a sex offense or kidnapping offense; (c) any person committed as a sexually violent predator under chapter 71.09 RCW or as a sexual psychopath under chapter 71.06 RCW; (d) any person found not guilty of a sex offense or kidnapping offense by reason of insanity under chapter 10.77 RCW; and (e) any person found incompetent to stand trial for a sex offense or kidnapping offense and subsequently committed under chapter 71.05 or 71.34 RCW.

       (2) Except for the information specifically required under subsection (5) of this section, the extent of the public disclosure of relevant and necessary information shall be rationally related to: (a) The level of risk posed by the offender to the community; (b) the locations where the offender resides, expects to reside, or is regularly found; and (c) the needs of the affected community members for information to enhance their individual and collective safety.

       (3) Except for the information specifically required under subsection (5) of this section, local law enforcement agencies shall consider the following guidelines in determining the extent of a public disclosure made under this section: (a) For offenders classified as risk level I, the agency shall share information with other appropriate law enforcement agencies and may disclose, upon request, relevant, necessary, and accurate information to any victim or witness to the offense and to any individual community member who lives near the residence where the offender resides, expects to reside, or is regularly found; (b) for offenders classified as risk level II, the agency may also disclose relevant, necessary, and accurate information to public and private schools, child day care centers, family day care providers, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found; (c) for offenders classified as risk level III, the agency may also disclose relevant, necessary, and accurate information to the public at large; and (d) because more localized notification is not feasible and homeless and transient offenders may present unique risks to the community, the agency may also disclose relevant, necessary, and accurate information to the public at large for offenders registered as homeless or transient.

       (4) The county sheriff with whom an offender classified as risk level III is registered shall cause to be published by legal notice, advertising, or news release a sex offender community notification that conforms to the guidelines established under RCW 4.24.5501 in at least one legal newspaper with general circulation in the area of the sex offender's registered address or location. The county sheriff shall also cause to be published consistent with this subsection a current list of level III registered sex offenders, twice yearly. Unless the information is posted on the web site described in subsection (5) of this section, this list shall be maintained by the county sheriff on a publicly accessible web site and shall be updated at least once per month.

       (5)(a) When funded by federal grants or other sources ((other than state funds)), the Washington association of sheriffs and police chiefs shall create and maintain a statewide registered sex offender web site, which shall be available to the public. The web site shall post all level III registered sex offenders in the state of Washington. The web site shall contain, but is not limited to, the registered sex offender's name, relevant criminal convictions, address by hundred block, physical description, and photograph. The web site shall provide mapping capabilities that display the sex offender's address by hundred block on a map. The web site shall allow citizens to search for registered sex offenders within the state of Washington by county, city, zip code, last name, type of conviction, and address by hundred block.

       (b) Until the implementation of (a) of this subsection, the Washington association of sheriffs and police chiefs shall create a web site available to the public that provides electronic links to county- operated web sites that offer sex offender registration information.

       (6) Local law enforcement agencies that disseminate information pursuant to this section shall: (a) Review available risk level classifications made by the department of corrections, the department of social and health services, and the indeterminate sentence review board; (b) assign risk level classifications to all offenders about whom information will be disseminated; and (c) make a good faith effort to notify the public and residents at least fourteen days before the offender is released from confinement or, where an offender moves from another jurisdiction, as soon as possible after the agency learns of the offender's move, except that in no case may this notification provision be construed to require an extension of an offender's release date. The juvenile court shall provide local law enforcement officials with all relevant information on offenders allowed to remain in the community in a timely manner.

       (7) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages for any discretionary risk level classification decisions or release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity in this section applies to risk level classification decisions and the release of relevant and necessary information regarding any individual for whom disclosure is authorized. The decision of a local law enforcement agency or official to classify an offender to a risk level other than the one assigned by the department of corrections, the department of social and health services, or the indeterminate sentence review board, or the release of any relevant and necessary information based on that different classification shall not, by itself, be considered gross negligence or bad faith. The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public.

       (8) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section.

       (9) Nothing in this section implies that information regarding persons designated in subsection (1) of this section is confidential except as may otherwise be provided by law.

       (10) When a local law enforcement agency or official classifies an offender differently than the offender is classified by the end of sentence review committee or the department of social and health services at the time of the offender's release from confinement, the law enforcement agency or official shall notify the end of sentence review committee ((of [or])) or the department of social and health services and submit its reasons supporting the change in classification. Upon implementation of subsection (5)(a) of this section, notification of the change shall also be sent to the Washington association of sheriffs and police chiefs."

       Renumber the remaining section consecutively.

POINT OF ORDER

      Senator Deccio: “A point of order, Mr. President. I can understand the sponsor of the amendment to the committee amendment, but I think I will challenge the scope and object of it. I don’t think it fits the title.”

MOTION

      On motion of Senator Sheahan, further consideration of Engrossed Substitute House Bill No. 1904 was deferred.

MOTION

      On motion of Senator Honeyford, Senator Hewitt was excused.

SECOND READING

      SECOND SUBSTITUTE HOUSE BILL NO. 1784, by House Committee on Appropriations (originally sponsored by Representatives Darneille, Upthegrove, Chase, Linville, Wallace, Kagi, Kessler, Kenney, Schual-Berke, Wood, Dickerson, Santos, Simpson and Morrell)

Improving coordination of services for children's mental health.

      The bill was read the second time.

MOTION

      On motion of Senator Stevens, the following Committee on Children and Family Services and Corrections striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature affirms its support for: Improving field-level cross-program collaboration and efficiency; collecting reliable mental health cost, service, and outcome data specific to children; revising the early periodic screening diagnosis and treatment plan to reflect the current mental health system structure; and identifying and promulgating the approaches used in school districts where mental health and education systems coordinate services and resources to provide public mental health care for children.

       NEW SECTION. Sec. 2. A new section is added to chapter 71.36 RCW to read as follows:

       (1) The legislature supports recommendations made in the August 2002 study of the public mental health system for children conducted by the joint legislative audit and review committee.

       (2) The department shall, within available funds:

       (a) Identify internal business operation issues that limit the agency's ability to meet legislative intent to coordinate existing categorical children's mental health programs and funding;

       (b) Collect reliable mental health cost, service, and outcome data specific to children. This information must be used to identify best practices and methods of improving fiscal management;

       (c) Revise the early periodic screening diagnosis and treatment plan to reflect the mental health system structure in place on the effective date of this section and thereafter revise the plan as necessary to conform to subsequent changes in the structure.

       (3) The department and the office of the superintendent of public instruction shall jointly identify school districts where mental health and education systems coordinate services and resources to provide public mental health care for children. The department and the office of the superintendent of public instruction shall work together to share information about these approaches with other school districts, regional support networks, and state agencies.

       NEW SECTION. Sec. 3. A new section is added to chapter 71.36 RCW to read as follows:

       (1) In addition to any follow-up requirements recommended by the joint legislative audit and review committee, the department of social and health services shall submit a report to the governor and the legislature on the status of the implementation of the recommendations provided in section 2(2) (a) through (c) of this act and, in coordination with the office of the superintendent of public instruction, on section 2(3) of this act. An initial implementation status report must be submitted to the governor and appropriate policy and fiscal committees of the legislature by June 1, 2004. A final report shall be provided no later than June 1, 2006.

       (2) This section expires June 30, 2006.

       Sec. 4. RCW 71.36.020 and 1991 c 326 s 13 are each amended to read as follows:

       (((1) The office of financial management shall provide the following information to the appropriate committees of the legislature on or before December 1, 1991, and update such information biennially thereafter:

       (a) An inventory of state and federally funded programs providing mental health services to children in Washington state. For purposes of the inventory, "children's mental health services" shall be broadly construed to include services related to children's mental health provided through education, children and family services, juvenile justice, mental health, health care, alcohol and substance abuse, and developmental disabilities programs, such as: The primary intervention program; treatment foster care; the fair start program; therapeutic child care and day treatment for children in the child protective services system, as provided in RCW 74.14B.040; family reconciliation services counseling, as provided in chapter 13.32A RCW; the community mental health services act, as provided in chapter 71.24 RCW; mental health services for minors, as provided in chapter 71.34 RCW; mental health services provided by the medical assistance program, limited casualty program for the medically needy and children's health program, as provided in chapter 74.09 RCW; counseling for delinquent children, as provided in RCW 72.05.170; mental health service provided by child welfare services, as provided in chapter 74.13 RCW; and services to emotionally disturbed and mentally ill children, as provided in chapter 74.14A RCW.

       (b) For each program or service inventoried pursuant to (a) of this subsection:

       (i) Statutory authority;

       (ii) Level and source of funding statewide and for each county and school district in the state during the biennium ending June 30, 1991, to the extent such information is available;

       (iii) Agency administering the service statewide and description of how administration and service delivery are organized and provided at the regional and local level;

       (iv) Programmatic or financial eligibility criteria;

       (v) Characteristics of, and number of children served statewide and in each county and school district during the biennium ending June 30, 1991, to the extent such information is available;

       (vi) Number of children of color served, by race and nationality, and number and type of minority mental health providers, by race and nationality, in each regional support network area, to the extent such information is available; and

       (vii) Statutory changes necessary to remove categorical restrictions in the program or service, including federal statutory or regulatory changes.

       (2))) The department, in consultation with the office of financial management, ((in consultation with the department,)) shall develop a plan and criteria for the use of early periodic screening, diagnosis, and treatment services related to mental health that includes at least the following components:

       (((a))) (1) Criteria for screening and assessment of mental illness and emotional disturbance;

       (((b))) (2) Criteria for determining the appropriate level of medically necessary services a child receives, including but not limited to development of a multidisciplinary plan of care when appropriate, and prior authorization for receipt of mental health services;

       (((c))) (3) Qualifications for children's mental health providers;

       (((d))) (4) Other cost control mechanisms, such as managed care arrangements and prospective or capitated payments for mental health services; and

       (((e))) (5) Mechanisms to ensure that federal medicaid matching funds are obtained for services ((inventoried pursuant to subsection (1) of this section)), to the greatest extent practicable.

       In developing the plan, the ((office of financial management)) department shall provide an opportunity for comment by the major child- serving systems and regional support networks. The plan shall be submitted to appropriate committees of the legislature on or before December 1, ((1991)) 2003."

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

       On page 1, line 2 of the title, after "health;" strike the remainder of the title and insert "amending RCW 71.36.020; adding new sections to chapter 71.36 RCW; and creating a new section."

MOTION

      On motion of Senator Stevens, the rules were suspended, Second Substitute House Bill No. 1784, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1784, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1784, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.

     Excused: Senators Hewitt, Horn, McCaslin, Poulsen and Schmidt - 5.

      SECOND SUBSTITUTE HOUSE BILL NO. 1784, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Jacobsen, Senator Kastama was excused.

SECOND READING

      HOUSE BILL NO. 1073, by Representatives Haigh and Eickmeyer

Modifying the collection of property taxes on land subleased for residential and recreational purposes.

      The bill was read the second time.

MOTION

      On motion of Senator Rossi, the rules were suspended, House Bill No. 1073 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1073.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1073 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.

     Absent: Senator Deccio - 1.

     Excused: Senators Horn, Kastama, McCaslin, Poulsen and Schmidt - 5.

      HOUSE BILL NO. 1073, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5499, by Senators Oke, Haugen, Horn and Winsley (by request of Department of Transportation)

Transferring accident data processing to the department of transportation.

MOTIONS

      On motion of Senator Oke, Substitute Senate Bill No. 5499 was substituted for Senate Bill No. 5499 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 5499 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5499.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5499 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.

     Absent: Senator Reardon - 1.

     Excused: Senators Horn, McCaslin, Poulsen and Schmidt - 4.

      SUBSTITUTE SENATE BILL NO. 5499, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1882, by Representatives Grant, Delvin, Miloscia, Jarrett and Upthegrove

Modifying local improvement district provisions.

      The bill was read the second time.

MOTION

      On motion of Senator Roach, the rules were suspended, House Bill No. 1882 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1882.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1882 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

     Excused: Senators McCaslin, Poulsen and Schmidt - 3.

      HOUSE BILL NO. 1882, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1202, by House Committee on Appropriations (originally sponsored by Representatives Simpson, Cooper, Delvin, Conway, Pflug, Hinkle, McDermott and Chase) (by request of Joint Committee on Pension Policy)

      Allowing fire fighter emergency medical technicians to transfer public employees' retirement system service credit to the law enforcement officers' and fire fighters' plan 2.

      The bill was read the second time.

MOTION

      On motion of Senator Carlson, the rules were suspended, Substitute House Bill No. 1202 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1202.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1202 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

     Excused: Senators McCaslin, Poulsen and Schmidt - 3.

      SUBSTITUTE HOUSE BILL NO. 1202, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5659, by Senators Winsley, Kastama, Oke, Franklin, Swecker, Rasmussen, Regala and Kohl-Welles

Authorizing additional funding for local governments.

MOTIONS

      On motion of Senator Winsley, Substitute Senate Bill No. 5659 was substituted for Senate Bill No. 5659 and the substitute bill was placed on second reading and read the second time.

      Senator Mulliken moved that the following amendment by Senators Mulliken, Winsley and Tim Sheldon be adopted:

       On page 1, on line 10, after "residents." insert "It is further the intent of the legislature to provide local governments relief from regulatory burdens that do not harm the public health and safety of the citizens of the state as a means of minimizing the need to generate new revenues authorized under this act."

      The President declared the question before the Senate to be the adoption of the amendment by Senators Mulliken, Winsley and Tim Sheldon on page 1, line 10, to Substitute Senate Bill No. 5659.

      The motion by Senator Mulliken carried and the amendment was adopted on a rising vote.

MOTION

      Senator Winsley moved that the following amendment by Senators Winsley and Rasmussen be adopted:

      On page 2, after line 11, strike the remainder of the bill and insert the following:

       "Sec. 3. RCW 84.55.050 and 1989 c 287 s 1 are each amended to read as follows: