WHEREAS, Every April, the tulips are in bloom, celebrating the beginning of spring; and

      WHEREAS, The beautiful Skagit Valley is the Northwest's tulip capital and the No. 1 producer of tulip bulbs in North America; and

      WHEREAS, The Skagit Valley Tulip Festival kicks off the festival season in Washington; and

      WHEREAS, Nearly half a million people visited the Skagit Valley Tulip Festival last year, participating in the joy and excitement of the event and contributing to the economy of the Skagit Valley; and

      WHEREAS, This year's 22nd annual festival will run from April 1 through 30, focusing on the communities of Sedro-Woolley, Burlington, Anacortes, La Conner, Mount Vernon, Concrete, and Conway; and

      WHEREAS, Visitors will be greeted by more than 750 acres of tulips reflecting all the vibrant colors of the rainbow, by the fullness of life in the valley, and by its wonderful people; and

      WHEREAS, This year's Tulip Festival ambassadors, Hailey Wright and Cody Patrick, will ably and personably perform their responsibilities as representatives of this festival; and

      WHEREAS, Highlights of the event include the Kiwanis Club's 17th Annual Salmon Barbeque, the 25th Annual Tulip Pedal bike ride, the Anacortes Quilt Walk, the Downtown Mount Vernon Street Fair, and much more;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate salute the communities of the Skagit Valley, their Chambers of Commerce, the Skagit Valley Tulip Festival Ambassadors, and the Tulip Festival Committee; and

      BE IT FURTHER RESOLVED, That the Senate commend the community leaders and corporate sponsors for the success of this important event and encourage citizens from across Washington to take the time to enjoy this spectacular display; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Skagit Valley Tulip Festival Executive Director Cindy Verge and the Tulip Festival Ambassadors.

      Senators Spanel, Haugen, Stevens and McCaslin spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8669.

      The motion by Senator Spanel carried and the resolution was adopted by voice vote.

MOTION

      Senator Eide moved that the Senate recess until 1:30 p.m.

AFTERNOON SESSION

      The Senate was called to order at 1:30 p.m. by the President Pro Tempore.

MOTION

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

SECOND READING

      ENGROSSED HOUSE BILL NO. 1246, by Representatives Dunshee, Pearson, Lovick, Kristiansen, Morrell, P. Sullivan, Murray, Wallace, Chase and Ormsby

      Requiring vehicle sound system components to be securely attached.

      The measure was read the second time.

MOTION

      On motion of Senator Haugen, the rules were suspended, Engrossed House Bill No. 1246 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen, Schmidt and McCaslin spoke in favor of passage of the bill.

      Senator Roach spoke against passage of the bill.

MOTION

On motion of Senator Hewitt, Senator Johnson was excused.

      The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed House Bill No. 1246.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed House Bill No. 1246 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 1; Excused, 0.

      Voting yea: Senators Benson, Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 30

      Voting nay: Senators Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hargrove, Hewitt, Honeyford, Johnson, Morton, Parlette, Pflug, Roach, Schoesler, Sheldon and Stevens - 18

      Absent: Senator Zarelli - 1

      ENGROSSED HOUSE BILL NO. 1246, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

PARLIAMENTARY INQUIRY

Senator Morton: “Thank you Madame President. I find on my desk when I returned from lunch a document without any identification as to its source. My inquiry is if this is appropriate with the rules of the Senate? It’s my understanding that we needed to have some type of identification as to the source of material on our desk. Thank you.”

REPLY BY THE PRESIDENT PRO TEMPORE

President Pro Tempore Franklin: “Thanks for the question Senator Morton. That is the rule. If it’s official, it should have a signature of some type there of identity.”

MOTION

On motion of Senator Hewitt, Senator Zarelli was excused.

SECOND READING

      HOUSE BILL NO. 1319, by Representatives Conway, Fromhold, Crouse, Simpson, Upthegrove and Campbell

      Survivor benefits for ex spouses in the law enforcement officers' and fire fighters' retirement system, plan 1.

      The measure was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, House Bill No. 1319 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice and Parlette spoke in favor of passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1319.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1319 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 49

      HOUSE BILL NO. 1319, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1048, by Representatives Linville, Jarrett, McIntire, Ericksen, Rodne and Clibborn

      Modifying the date for submitting local government property tax estimates to counties.

      The measure was read the second time.

MOTION

      On motion of Senator Kastama, the rules were suspended, House Bill No. 1048 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kastama and Roach spoke in favor of passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1048.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1048 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 49

      HOUSE BILL NO. 1048, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1325, by Representatives Conway, Fromhold, Crouse, Simpson, Morrell, Moeller, Sells, Chase and Campbell

      Authorizing interruptive military service credit.

      The measure was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, House Bill No. 1325 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice and Hewitt spoke in favor of passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1325.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1325 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 49

      HOUSE BILL NO. 1325, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1327, by Representatives Alexander, Conway, Crouse, Simpson, Linville and Chase

      Permitting members of the teachers' retirement system plan 2 and plan 3 who qualify for early retirement or alternate early retirement to make a one-time purchase of additional service credit.

      The measure was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, House Bill No. 1327 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Prentice spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senators Brown, Fairley and Spanel were excused.

      The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1327.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1327 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Excused: Senators Brown, Fairley and Spanel - 3

      HOUSE BILL NO. 1327, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1759, by Representatives Appleton, Bailey, Tom, Chase, Takko, McCoy, Skinner, Sells, Darneille, Schual-Berke, Hasegawa, Green, O'Brien, Strow, Eickmeyer, Morris, Moeller, Linville, Cody, Rodne, Morrell, Hudgins, Quall, Williams, Dunn, Campbell and Santos

      Designating the orca as the state official marine mammal.

      The measure was read the second time.

MOTION

      On motion of Senator Kastama, the rules were suspended, House Bill No. 1759 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kastama, Roach, Sheldon, Haugen and Hargrove spoke in favor of passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1759.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1759 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Stevens, Swecker, Thibaudeau and Zarelli - 46

      Voting nay: Senator Weinstein - 1

      Excused: Senators Brown and Spanel - 2

      HOUSE BILL NO. 1759, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1328, by Representatives Conway, Crouse, Simpson and Chase

      Establishing the composition and jurisdiction of city and county disability boards.

      The measure was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, House Bill No. 1328 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice and Zarelli spoke in favor of passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1328.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1328 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Stevens, Thibaudeau, Weinstein and Zarelli - 46

      Absent: Senator Hargrove - 1

      Excused: Senator Brown and Spanel - 2

      HOUSE BILL NO. 1328, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1329, by Representatives Conway, Crouse, Simpson and Chase

      Choosing a reduced retirement allowance under the law enforcement officers' and fire fighters' retirement system, plan 1.

      The measure was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, House Bill No. 1329 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice and Zarelli spoke in favor of passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1329.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1329 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Brown - 1

      HOUSE BILL NO. 1329, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1502, by House Committee on Finance (originally sponsored by Representatives Takko and DeBolt)

      Modifying tax abatement provisions.

      The measure was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 1502 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Prentice spoke in favor of passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 1502.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1502 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Brown - 1

      SUBSTITUTE HOUSE BILL NO. 1502, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1330, by Representatives Conway, Fromhold, Crouse and Chase

      Making technical corrections in the general retirement provisions estoppel section, teachers' retirement system, public safety employees' retirement system, the school employees' retirement system, the public employees' retirement system, and the actuarial funding chapter.

      The measure was read the second time.

MOTION

      Senator Prentice moved that the following committee amendment by the Committee on Ways & Means be adopted.

      On page 15 after line 12 insert the following:

      "Sec. 14. RCW 41.50.088 and 2000 c 247 s 602 are each amended to read as follows:

      (1) The board shall adopt rules as necessary and exercise the following powers and duties:

      (a) The board shall recommend to the state investment board types of options for member self-directed investment in the teachers' retirement system plan 3, the school employees' retirement system plan 3, and the public employees' retirement system plan 3 as deemed by the board to be reflective of the members' preferences;

      (b) By July 1, 2005, subject to favorable tax determination by the Internal Revenue Service, the board shall make optional actuarially equivalent life annuity benefit payment schedules available to members and survivors that may be purchased from the combined plan 2 and plan 3 funds under RCW 41.50.075; and

      (c) Determination of the basis for administrative charges to the self-directed investment fund to offset self-directed account expenses;

      (2) The board shall recommend to the state investment board types of options for participant self-directed investment in the state deferred compensation plan, as deemed by the board to be reflective of the participants' preferences."

      Senator Prentice spoke in favor of adoption of the committee amendment.

      The President Pro Tempore declared the question before the Senate to be the adoption of the committee amendment by the Committee on Ways & Means to House Bill No. 1330.

      The motion by Senator Prentice carried and the committee amendment was adopted by voice vote.

MOTION

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

      On page 1, on line 6 of the title, after "41.40.197, ", insert "41.50.088, ".

MOTION

      On motion of Senator Prentice, the rules were suspended, House Bill No. 1330, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice and Zarelli spoke in favor of passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1330, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1330, 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 Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Brown - 1

      HOUSE BILL NO. 1330, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6003, by Senator Jacobsen

      Modifying the commute trip reduction tax credit.

      The measure was read the second time.

MOTION

      Senator Haugen moved that the following striking amendment by Senator Haugen be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 82.70.010 and 2003 c 364 s 1 are each amended to read as follows:

      The definitions in this section apply throughout this chapter and RCW 70.94.996 unless the context clearly requires otherwise.

      (1) "Public agency" means any county, city, or other local government agency or any state government agency, board, or commission.

      (2) "Public transportation" means the same as "public transportation service" as defined in RCW 36.57A.010 and includes passenger services of the Washington state ferries.

      (3) "Nonmotorized commuting" means commuting to and from the workplace by an employee by walking or running or by riding a bicycle or other device not powered by a motor.

      (4) "Ride sharing" means the same as "flexible commuter ride sharing" as defined in RCW 46.74.010, including ride sharing on Washington state ferries.

      (5) "Car sharing" means a membership program intended to offer an alternative to car ownership under which persons or entities that become members are permitted to use vehicles from a fleet on an hourly basis.

      (6) "Telework" means a program where work functions that are normally performed at a traditional workplace are instead performed by an employee at his or her home at least one day a week for the purpose of reducing the number of trips to the employee's workplace.

      (7) "Applicant" means a person applying for a tax credit under this chapter.

      NEW SECTION. Sec. 2. A new section is added to chapter 82.70 RCW to read as follows:

      (1) Application for tax credits under this chapter must be received by the department between the first day of January and the 31st day of January, following the calendar year in which the applicant made payments to or on behalf of employees for ride sharing in vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized commuting. The application shall be made to the department in a form and manner prescribed by the department. The application shall contain information regarding the number of employees for which incentives are paid during the calendar year, the amounts paid to or on behalf of employees for ride sharing in vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized commuting, the amount of credit deferred under RCW 82.70.040(2)(b)(i) to be used, and other information required by the department. For applications due by January 31, 2006, the application shall not include amounts paid from January 1, 2005, through June 30, 2005, to or on behalf of employees for ride sharing in vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized commuting.

      (2) The department shall rule on the application within sixty days of the deadline provided in subsection (1) of this section.

      (3) The department shall disapprove any application not received by the deadline provided in subsection (1) of this section regardless of the reason that the application was received after the deadline.

      (4) After an application is approved and tax credit granted, no increase in the credit shall be allowed.

      Sec. 3. RCW 82.70.020 and 2003 c 364 s 2 are each amended to read as follows:

      (1) Employers in this state who are taxable under chapter 82.04 or 82.16 RCW and provide financial incentives to their own or other employees for ride sharing, for using public transportation, for using car sharing, or for using nonmotorized commuting before July 1, 2013, are allowed a credit against taxes payable under chapters 82.04 and 82.16 RCW for amounts paid to or on behalf of employees for ride sharing in vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized commuting, not to exceed sixty dollars per employee per fiscal year.

      (2) Property managers who are taxable under chapter 82.04 or 82.16 RCW and provide financial incentives to persons employed at a worksite in this state managed by the property manager for ride sharing, for using public transportation, for using car sharing, or for using nonmotorized commuting before July 1, 2013, are allowed a credit against taxes payable under chapters 82.04 and 82.16 RCW for amounts paid to or on behalf of these persons for ride sharing in vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized commuting, not to exceed sixty dollars per person per fiscal year.

      (3) The credit under this section is equal to the amount paid to or on behalf of each employee multiplied by fifty percent, but may not exceed sixty dollars per employee per fiscal year. The credit may not exceed the amount of tax that would otherwise be due under chapters 82.04 and 82.16 RCW. No refunds may be granted for credits under this section.

      (4) A person may not receive credit under this section for amounts paid to or on behalf of the same employee under both chapters 82.04 and 82.16 RCW.

      (5) A person may not take a credit under this section for amounts claimed for credit by other persons.

      Sec. 4. RCW 82.70.030 and 2003 c 364 s 3 are each amended to read as follows:

      (((1) Application for tax credit under RCW 82.70.020 may only be made in the form and manner prescribed in rules adopted by the department.

      (2) The credit under this section must be taken or deferred under RCW 82.70.040 against taxes due for the same fiscal year in which the amounts for which credit is claimed were paid to or on behalf of employees for ride sharing, for using public transportation, for using car sharing, or for using nonmotorized commuting and must be claimed by the due date of the last tax return for the fiscal year in which the payment is made.

      (3))) Any person who knowingly makes a false statement of a material fact in the application required under section 2 of this act for a credit under RCW 82.70.020 is guilty of a gross misdemeanor.

      Sec. 5. RCW 82.70.040 and 2003 c 364 s 4 are each amended to read as follows:

      (1)(a) The department shall keep a running total of all credits ((accrued)) allowed under RCW 82.70.020 during each fiscal year. ((No person is eligible for tax credits under RCW 82.70.020 if the credits would cause the tabulation for the total amount of credits taken in any fiscal year)) The department shall not allow any credits that would cause the total amount allowed to exceed two million ((two)) seven hundred fifty thousand dollars in any fiscal year. This limitation includes any deferred credits carried forward under subsection (2)(b)(i) of this section but does not include any credits carried forward under subsection (2)(b)(ii) of this section from prior years.

      (b) If the total amount of credit applied for by all applicants in any year exceeds the limit in this subsection, the department shall ratably reduce the amount of credit allowed for all applicants so that the limit in this subsection is not exceeded. If an application for credit under section 2 of this act includes credit deferred under subsection (2)(b)(i) of this section, in addition to credit requested for incentives paid in the previous calendar year, the reduction under this subsection (1)(b) is applied first to credit for incentives paid in the previous calendar year and then, if necessary, to any deferred credit.

      (2)(a) No person is eligible for tax credits under RCW 82.70.020 in excess of the amount of tax that would otherwise be due under chapter 82.04 or 82.16 RCW.

      (b)(i) Until July 1, 2005, a person with taxes equal to or in excess of the credit under RCW 82.70.020, and therefore not subject to the limitation in (a) of this subsection, may defer tax credits for a period of not more than three years after the year in which the credits accrue. No credits deferred under this subsection (2)(b)(i) may be used after June 30, 2008. A person deferring tax credits under this subsection (2)(b)(i) must submit an application as provided in section 2 of this act in the year in which the tax credits will be ((applied)) used. This application is subject to ((eligibility under)) the provisions of subsection (1) of this section for the ((fiscal)) year in which the tax credits will be applied. If a deferred credit is reduced under subsection (1)(b) of this section, the amount of deferred credit disallowed because of the reduction may be carried forward as long as the period of deferral does not exceed three years after the year in which the credit was earned.

      (ii) For credits approved by the department after the effective date of this act, the credit may be carried over until used.

      (3) No person ((is eligible)) shall be approved for tax credits under RCW 82.70.020 in excess of two hundred thousand dollars in any fiscal year. This limitation does not apply to credits ((deferred in)) carried forward from prior years under subsection (2)(b) of this section.

      (4) No person is eligible for tax credits((, including deferred credits authorized under subsection (2)(b) of this section,)) after June 30, 2013.

      (5) Credits may not be carried forward ((or carried backward)) other than as authorized in subsection (2)(b) of this section.

      (6) No person is eligible for tax credits under RCW 82.70.020 if the additional revenues for the multimodal transportation account created by Engrossed Substitute House Bill No. 2231 are terminated.

      NEW SECTION. Sec. 6. 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, 2005.

      NEW SECTION. Sec. 7. If Senate Bill No. 6103 is not enacted by June 30, 2005, this act is null and void."

      Senator Haugen spoke in favor of adoption of the striking amendment.

      The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senator Haugen to Senate Bill No. 6003.

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

MOTION

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

      In line 1 of the title, after "credit;" strike the remainder of the title and insert "amending RCW 82.70.010, 82.70.020, 82.70.030, and 82.70.040; adding a new section to chapter 82.70 RCW; creating a new section; providing an effective date; and declaring an emergency."

MOTION

      On motion of Senator Haugen, the rules were suspended, Engrossed Senate Bill No. 6003 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen, Swecker and Jacobsen spoke in favor of passage of the bill.

      Senator Benson spoke against passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6003.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6003 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.

      Voting yea: Senators Berkey, Brandland, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 30

      Voting nay: Senators Benson, Benton, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schoesler, Stevens and Zarelli - 19

      ENGROSSED SENATE BILL NO. 6003, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

      The President assumed the chair.

REMARKS BY THE PRESIDENT

President Owen: “Ladies and Gentlemen of the Senate. The President has had the great privilege for the last half hour or hour or so with spending a little time with these incredible football stars for the Seattle Seahawks. You might recognize them or at least the Qwest commercial that’s been coming out recently with Mr. Hasselbeck over here. They’ve agreed to come up and spend a little time up here today, sign some autographs. When we get done here they will be available for you in the wings if you would like. Then, later on, for staff and the folks around the capitol. They will be in my office around 3:15 -3:30 or so and please don’t rush into the office. You might try the Rules Room first and then they’d be happy to sign some autographs there. It’s my great privilege to be able to introduce to my right, Mr. Mack Strong, to my left Mr. Matt Hasselbeck, and from Washington State University Mr. Robbie Tobeck.

PERSONAL PRIVILEGE

Senator Kohl-Welles: “I am very excited about having the Seahawks here today and for those of you that were not here in 1998, I had a nickname attached to me, ‘Senator Jock.’ I had worked on football stadium legislation, cosponsoring along with the prime sponsor, Senator Deccio. We embarked on quite an effort over the actually the 1998 session. It started for me the year before. I had been appointed to Kingdome Task Force by then King County Executive, Gary Locke. What started off to be just a, we thought, maybe six weeks, two months meetings to determine what we were going to do with the Kingdome task. The Kingdome turned into a eleven month ordeal of meetings nearly every week resulting in a vote in December to make recommendations to the legislature in 1998 to have legislation get through pertaining to creating the new plan for the football stadium. Senator Deccio and I bonded during that time. We spent a lot of time together and we did have the results of a referendum on the ballot in June. As a result we created a public stadium authority and Senator Deccio and I are members of the public stadium authority legislative advisory committee. We know that a lot of really exciting days have come out of that. In fact, this last season the Seahawks were the National Football Conference - West Division Champions. Congratulations and we expect that there going to go on even more from that title. It’s a very exciting sport and many people don’t know that we have the only professional football team, I believe west of Denver and North of San Francisco so people come here from all over the northwest and even beyond for the football games and bring a lot of revenue into our state as well. I would also like to mention that I hope that many of you will be attending the pre-season game on Saturday, August 20 when we have the National Conference of State Legislatures annual meeting being held in Seattle, August 14-20 and on Thursday night of that week we will be having the closing reception in the Exhibition hall between Safeco Field and Qwest Field. The Seahawks are going to have a whole lot of equipment there for kids because of the football game on that Saturday. So, it’s going to be a really terrific event but more important than that I would just like to say, you guys are terrific, you embody great sportsmanship and skills and bring a great deal of excitement and with your having, with you going to Eastern Washington University every summer for your training camp, you bring a lot of thrills, enjoyment, family participation watching you work your hearts out and a lot more during that summer time. So, thank you Lt. Governor, President Owen for having the Seahawks here today.”

PERSONAL PRIVILEGE

Senator Deccio: “I remember the day well. A lobbyist for the Seahawks came over and said the gentlemen that Luke Esser defeated for the Senate seat in the forty-eighth district couldn’t get the bill out of committee. Would I sponsor the bill? I said, ‘Well if I’m asked by the proper folks I’ll do it.’ I’m probably the only legislator who in the same day got a letter from a multi-million, billionaire by the name of Paul Allen and the Governor of the State of Washington asking me, ‘Would you sponsor the bill?’ I said, ‘OK, but I got to have a Seattle co-sponsor.’ It was tough, here a kid from the apple country sponsoring a multi-million dollar facility and I don’t even go any Seahawks games folks. That’s how far sighted I am. Looking out for King County. I want you to appreciate it. It was hard particularly when another gentlemen sitting on the floor opposed it. He’s pretty successful in his arguments but he lost too. But, anyway, I do congratulate you folks, I’m glad you’re here. Glad we got through the greatest facilities in the country, the Seahawks and the baseball stadium and good luck to you.”

PERSONAL PRIVILEGE

Senator McCaslin: “Mr. Strong, did you forget to take your should pads off?”

PERSONAL PRIVILEGE

Senator McAuliffe: “I just do remember the day as well when we were going to be voting on the stadium. The Senator from the thirty-sixth district worked very, very hard to bring down Paul Allen. He shook our hands, he asked for our vote and we were very pleased to do that. I believe that a metropolitan city should have a great football team and we do. I brought my football for grandsons to get signed today. So thanks for being here.”

PERSONAL PRIVILEGE

Senator Esser: “It’s a great honor for those of us in the forty-eighth district to be the host of the Seahawks offices and training facility in Kirkland. They do us a great honor. In addition to that, in addition to that, I’m someone whose had a little bit of experience as a free lance sports writer which, for those who’ve known me for a long time are aware of, an old saying, ‘Those that can’t do, write.’ That was certainly the case with me when it came to athletics. It gave me the opportunity to really appreciate the incredible athleticism and frankly tolerance for pain that professional football players have. So I salute all of these three gentlemen for those attributes. In addition, I think it’s appropriate that we honor them for their excellence and they have a team for their excellence. Fortunately the National Football League has a playoff scheme that does not just allow everybody to make the post-season. Only twelve of thirty-two teams make the playoffs. The Seahawks have been in the playoffs the last two years. We expect even greater things in the years ahead but you’ve given us a lot of thrills and looking forward to you building upon that record of success in the future. Thank you very much.”

PERSONAL PRIVILEGE

Senator Schmidt: “In regards to Senator Kohl-Welles and Senator Deccio: At that time I was on the other side of the rotunda and prime sponsor of that was the former Representative Van Luven but I was the number two sponsor signer on that bill. I was kind of the behind the scenes guy and I don’t remember how many times that I had Bob in my office working on this issue. I had always made the statement, ‘You know this was the whole northwest team, not just the Seattle team.’ This was an issue that was also strong issue for us, economic development State of Washington. One of the things that we were frequently told is back then when the new stadium was being built that twenty-two percent of the season ticket holders were from the State of Alaska. They would come down, fly down around planes ten times a year to go to the games. Twenty-two percent of the season ticket holders were from the State of Alaska. We knew how important was, we knew the value that you bring to whole northwest, not just us in the State of Washington. We’re very thankful for what you do, but with that I got to mention one little personal note. Maybe this is my ego moment of the legislature. If I ever had the opportunity to play professional sports it was as a kicker. When I was in high school I could put it in the end zone, but then when I did I dislocated my toe, my senior year in high school so I couldn’t go out on and play football in college. I hadn’t touched a ball in three years. After three years of not touching a ball I was three for four from the forty and one for two from the fifty yard line. At the age of forty-five I can still kick a forty yard field goal. Thank you.”

PERSONAL PRIVILEGE

Senator Jacobsen: “And I just want to point out one thing that a lot of people probably forgotten but this wasn’t only good for the fans and the Seahawks. It was also good for the kids of the State of Washington because inside that bill there was a provision that if there was more revenue than was needed to pay off the bonds that that would go to a interagency and outdoor recreation to build fields for kids and it’s funded millions of dollars in fields that way. So all over the state there’s been a beneficiary of that part of the Seahawks bill. So it benefitted players and kids.”

PERSONAL PRIVILEGE

Senator Kohl-Welles: “Thank you, I’d like to make just one more statement if you don’t mind. What Senator Jacobsen said brought to mind something. I don’t think people are aware that the Seattle Seahawks have a tremendous outreach to the community. Players, I’m sure these three here, too as well go out all over and raise funds for charity organizations. Go out on appearances in the community. Do a terrific job, so thank you.”

PERSONAL PRIVILEGE

Senator Spanel: “Well, I’ll be the first to acknowledge that I’m not a football fan and don’t go to games. But what I wanted to say was thank you to you guys because today is a special day for some people from Skagit County and I think the group that had an appointment with the Governor right ahead of you were some kids and their parents from Skagit Valley, the Tulip Festival Ambassadors. I think, they’re not going to remember that they came to see the Senate, the Governor and the House today. They saw you guys and they were thrilled and so thanks for giving them some attention.”

REMARKS BY THE PRESIDENT

President Owen: “The President sometimes will bend his rules of decorum and it appears that he may have to do that for a certain Senator from Seattle in the back who is wearing a hat today. The hat seems to be appropriate for the occasion, Senator Poulsen. Again, thank you for all your comments. The President would now like to turn the mike over to Mr. Hasselbeck.”

REMARKS BY MATT HASSELBECK

      Mr. Hasselbeck: “I don’t really have anything prepared to say but I just want to say how humble I know that we all feel right now by your kind comments. How honored we feel to be here. This is the first time for me and I know it’s been quite an experience. It’s been a learning experience, I’ve learned some things that I did not know and I’ve got to meet some great people from all over the State of Washington already since I’ve been here. We are trying so hard, I can promise you this. We are trying so hard, we’re working so hard whether it’s in Kirkland or it be this summer in Cheney, Washington to bring a championship to this state. That’s what we’re working for and I know people in this room want the same thing. We’re giving it everything we have and the feeling of excitement that the Mariners had for their big opening day win yesterday. We’re trying to blow that out of the water with a Super Bowl trophy, Lombardi Trophy here in Seattle, here in Washington. The stuff we’re trying to do is great but it’s no where near as important as the job that you guys are all doing here. We know that everyone knows that but I would just like to take it upon myself to say it publicly to say it to you all that the real noble work that gets done, gets done here. We know nothing that we do is really that important but if we can build self-esteem in young boys and even young girls growing up and do things in the community to help raise money for good causes then we’re very excited to do that also. So, we’re happy, we’re very happy to be here. We’d love to sign autographs and take pictures for kids, grandkids, friends, friends of friends, whatever it is. Also, just wanted to say thank you and we’ve enjoyed our time very much.”

SECOND READING

      HOUSE BILL NO. 1108, by Representatives Grant, Walsh, Wallace, Rodne, Wood, Morrell, Lovick, Williams, Jarrett, Kilmer, Simpson, Kessler, Chase and Dickerson

      Providing additional limitations for vehicles passing pedestrians or bicyclists.

      The measure was read the second time.

MOTION

      Senator Haugen moved that the following committee striking amendment by the Committee on Transportation be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 46.61.110 and 1965 ex.s. c 155 s 17 are each amended to read as follows:

      The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:

      (1) The driver of a vehicle overtaking ((another vehicle)) other traffic proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken ((vehicle)) traffic.

      (2) The driver of a vehicle approaching a pedestrian or bicycle that is on the roadway or on the right-hand shoulder or bicycle lane of the roadway shall pass to the left at a safe distance to clearly avoid coming into contact with the pedestrian or bicyclist, and shall not again drive to the right side of the roadway until safely clear of the overtaken pedestrian or bicyclist.

      (3) Except when overtaking and passing on the right is permitted, ((the driver of an)) overtaken ((vehicle)) traffic shall give way to the right in favor of ((the)) an overtaking vehicle on audible signal and shall not increase ((the)) speed ((of his vehicle)) until completely passed by the overtaking vehicle.

      Sec. 2. RCW 46.61.120 and 1965 ex.s. c 155 s 19 are each amended to read as follows:

      No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing ((another vehicle)) other traffic proceeding in the same direction unless authorized by the provisions of RCW 46.61.100 through 46.61.160 and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any ((vehicle)) traffic approaching from the opposite direction or any ((vehicle)) traffic overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching ((vehicle)) traffic.

      Sec. 3. RCW 46.61.125 and 1972 ex.s. c 33 s 2 are each amended to read as follows:

      (1) No vehicle shall be driven on the left side of the roadway under the following conditions:

      (a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event ((another vehicle)) other traffic might approach from the opposite direction;

      (b) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing;

      (c) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct or tunnel;

      (d) When a bicycle or pedestrian is within view of the driver and is approaching from the opposite direction, or is present, in the roadway, shoulder, or bicycle lane within a distance unsafe to the bicyclist or pedestrian due to the width or condition of the roadway, shoulder, or bicycle lane.

      (2) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in RCW 46.61.100(1)(b), nor to the driver of a vehicle turning left into or from an alley, private road or driveway.

      NEW SECTION. Sec. 4. A new section is added to chapter 46.61 RCW to read as follows:

      Nothing in RCW 46.61.110, 46.61.120, or 46.61.125 relieves pedestrians and bicyclists of their legal duties while traveling on public highways."

      Senator Haugen spoke in favor of adoption of the committee striking amendment.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation to House Bill No. 1108.

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

MOTION

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

      On page 1, line 2 of the title, after "bicyclists;" strike the remainder of the title and insert "amending RCW 46.61.110, 46.61.120, and 46.61.125; and adding a new section to chapter 46.61 RCW."

MOTION

      On motion of Senator Haugen, the rules were suspended, House Bill No. 1108, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Haugen spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1108 as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1108, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 3; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Voting nay: Senator Morton - 1

      Absent: Senators Brown, Delvin and Poulsen - 3

      HOUSE BILL NO. 1108, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1260, by Representatives Jarrett, Clibborn, Pettigrew and Wallace

      Allowing reciprocal waiver of driver's license exams.

      The measure was read the second time.

MOTION

      On motion of Senator Haugen, the rules were suspended, House Bill No. 1260 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen and Swecker spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senator Brown was excused.

      The President declared the question before the Senate to be the final passage of House Bill No. 1260.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1260 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 2; Excused, 0.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Voting nay: Senators Carrell, Honeyford and Schoesler - 3

      Absent: Senators Benton and Roach - 2

      HOUSE BILL NO. 1260, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1097, by House Committee on Transportation (originally sponsored by Representatives Schual-Berke, Hinkle, Kagi, McCoy, Dickerson, Sells, Hunter, Roach, Tom, Nixon, Jarrett, Upthegrove, Murray, Campbell, Pettigrew, Roberts, Simpson, Ormsby, Appleton, Morrell, Haler, Dunn, P. Sullivan, O'Brien, Chase, Strow and Conway)

      Creating the "Keep Kids Safe" license plate series.

      The measure was read the second time.

MOTION

      On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1097 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Haugen spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1097.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1097 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Absent: Senators Rasmussen and Shin - 2

      SUBSTITUTE HOUSE BILL NO. 1097, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1791, by House Committee on Capital Budget (originally sponsored by Representatives Dunshee, Schual-Berke, Kenney, Hankins, Lovick, Morrell, Wood, Kagi, Simpson, McDonald, Eickmeyer, Appleton, O'Brien, Ormsby, DeBolt, Wallace, Upthegrove, Strow, Moeller, Jarrett, Kessler, Miloscia, Murray, Cody, Conway, McCune, Lantz, P. Sullivan, Tom, Ericks, Haigh, McDermott, Hasegawa and Linville)

      Creating a developmental disabilities community trust account.

      The measure was read the second time.

MOTION

      Senator Prentice moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature recognizes the importance of serving individuals with developmental disabilities in the communities in which they reside. The legislature finds that using these excess properties to provide services in the community will promote the integration and independence of individuals with developmental disabilities and will enable these individuals to avoid reliance on institutional services.

      The legislature finds that the life of Dan Thompson is exemplary of the contributions that persons with developmental disabilities can make to their communities and the enrichment they bring to all our lives when suitably served in the communities in which they reside.

      It is the intent of the legislature to allow use of the proceeds from these excess properties at residential habilitation centers to provide family support, employment, and day services to eligible persons with developmental disabilities not receiving these services prior to January 1, 2005.

      NEW SECTION. Sec. 2. A new section is added to chapter 71A.20 RCW to read as follows:

      (1) Excess property identified in the 2002 joint legislative audit and review committee capital study of the division of developmental disabilities residential habilitation centers must be managed to provide as much income as feasible and this income deposited into the developmental disabilities community trust account created in section 3 of this act. Income may come from lease or sale of the land, conservation easements, sale of timber, or other activities.

      (2) The department shall report on its efforts and strategies to provide income to the developmental disabilities community trust account from the excess property identified in subsection (1) of this section from the lease or sale of the property, sale of timber, or other activity. The department shall report by June 30, 2006.

      NEW SECTION. Sec. 3. A new section is added to chapter 71A.20 RCW to read as follows:

      The developmental disabilities community trust account is created in the state treasury. All income from the use of excess property identified in the 2002 joint legislative audit and review committee capital study of the division of developmental disabilities residential habilitation centers, any building, facility, or tract of land not held in trust at any of the residential habilitation centers identified in this chapter, or sale of timber on these excess lands, must be deposited into this account. Only investment income from the principal of the proceeds deposited into the trust account may be spent from the account. Investment income from the account may be spent only after appropriation and must be used solely for eligible persons with developmental disabilities who can be served by family support, employment, and day services. Moneys in the account may not be used to supplant ongoing expenditures for services to persons with developmental disabilities.

      Sec. 4. RCW 43.84.092 and 2003 c 361 s 602, 2003 c 324 s 1, 2003 c 150 s 2, and 2003 c 48 s 2 are each reenacted and amended to read as follows:

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

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

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

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

      (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the election account, the emergency reserve fund, The Evergreen State College capital projects account, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

      (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

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

      Sec. 5. RCW 43.84.092 and 2004 c 242 s 60 are each amended to read as follows:

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

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

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

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

      (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the election account, the emergency reserve fund, The Evergreen State College capital projects account, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

      (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

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

      Sec. 6. RCW 72.01.140 and 1981 c 238 s 1 are each amended to read as follows:

      The secretary shall:

      (1) Make a survey, investigation, and classification of the lands connected with the state institutions under his control, and determine which thereof are of such character as to be most profitably used for agricultural, horticultural, dairying, and stock raising purposes, taking into consideration the costs of making them ready for cultivation, the character of the soil, its depth and fertility, the number of kinds of crops to which it is adapted, the local climatic conditions, the local annual rainfall, the water supply upon the land or available, the needs of all state institutions for the food products that can be grown or produced, and the amount and character of the available labor of inmates at the several institutions;

      (2) Establish and carry on suitable farming operations at the several institutions under his control;

      (3) Supply the several institutions with the necessary food products produced thereat;

      (4) Exchange with, or furnish to, other institutions, food products at the cost of production;

      (5) Sell and dispose of surplus food products produced.

      ((This section shall not apply to the Rainier school for which cognizance of farming operations has been transferred to Washington State University by RCW 72.01.142.))

      NEW SECTION. Sec. 7. This act may be known and cited as the Dan Thompson act.

      NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

      (1) RCW 28B.30.820 (Dairy/forage and agricultural research facility--Transfer of property and facilities for) and 1981 c 238 s 3; and

      (2) RCW 72.01.142 (Transfer of dairy operation from Rainier school) and 1981 c 238 s 2.

      NEW SECTION. Sec. 9. 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, 2005, except for section 5 of this act which takes effect July 1, 2006.

      NEW SECTION. Sec. 10. Section 4 of this act expires July 1, 2006."

      Senator Prentice spoke in favor of adoption of the committee striking amendment.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Substitute House Bill No. 1791.

      The motion by Senator Prentice carried and the committee striking amendment was adopted by voice vote.

MOTION

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

      On page 1, line 2 of the title, after "account;" strike the remainder of the title and insert "amending RCW 43.84.092 and 72.01.140; reenacting and amending RCW 43.84.092; adding new sections to chapter 71A.20 RCW; creating new sections; repealing RCW 28B.30.820 and 72.01.142; providing effective dates; providing an expiration date; and declaring an emergency."

MOTION

      On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 1791, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice, Zarelli and Esser spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1791, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1791, 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 Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 49

      SUBSTITUTE HOUSE BILL NO. 1791, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1396, by Representatives Williams, Alexander, Springer, DeBolt, Conway, Wood, McCoy, Condotta and Armstrong

      Requiring continuing education for land surveyors.

      The measure was read the second time.

MOTION

      On motion of Senator Kohl-Welles, the rules were suspended, House Bill No. 1396 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Parlette spoke in favor of passage of the bill.

POINT OF INQUIRY

Senator Benton: “Would Senator Parlette yield to a question? Thank you. Senator Parlette, can you tell me? You said that this allows continuing education. Does it simply allow and is it voluntary or is it a requirement that land surveyors actually attain continuing education credits or they’ll lose their license if they don’t?”

Senator Parlette: “I believe that it is a requirement and the group wants it and I don’t have any pieces of paper in front of me but they’ve wanted this for three years. I can get those details for you later.”

MOTION

On motion of Senator Mulliken, Senator Hewitt was excused.

      The President declared the question before the Senate to be the final passage of House Bill No. 1396.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1396 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Voting nay: Senator Benton - 1

      HOUSE BILL NO. 1396, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      ENGROSSED HOUSE BILL NO. 1074, by Representatives Dunshee, Jarrett, Chase and Schual-Berke

      Increasing the administrative cap on the housing assistance program and the affordable housing program.

      The measure was read the second time.

MOTION

      Senator Fraser moved that the following committee amendment by the Committee on Financial Institutions, Housing & Consumer Protection be adopted.

      On page 5, line 17, strike all of section 4

      Senator Fraser spoke in favor of adoption of the committee amendment.

      Senator Benton spoke against adoption of the committee amendment.

      The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Financial Institutions, Housing & Consumer Protection to Engrossed House Bill No. 1074.

      The motion by Senator Fraser carried and the committee amendment was adopted by voice vote.

MOTION

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

      On page 1, line 2 of the title, after "program;" insert "and" and on line 3 after "43.185A.030" strike "; and providing an expiration date"

MOTION

      On motion of Senator Fraser, the rules were suspended, Engrossed House Bill No. 1074, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Fraser spoke in favor of passage of the bill.

      Senator Benton spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1074, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed House Bill No. 1074, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

      Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Sheldon, Shin, Spanel, Thibaudeau and Weinstein - 27

      Voting nay: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Stevens, Swecker and Zarelli - 22

      ENGROSSED HOUSE BILL NO. 1074, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1054, by House Committee on Judiciary (originally sponsored by Representatives Lantz, Priest and Morrell)

      Enacting the revised Uniform Arbitration Act.

      The measure was read the second time.

MOTION

      Senator Kline moved that the following committee striking amendment by the Committee on Judiciary be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. DEFINITIONS. The definitions set forth in this section apply throughout this chapter.

      (1) "Arbitration organization" means a neutral association, agency, board, commission, or other entity that initiates, sponsors, or administers arbitration proceedings or is involved in the appointment of arbitrators.

      (2) "Arbitrator" means an individual appointed to render an award in a controversy between persons who are parties to an agreement to arbitrate.

      (3) "Authenticate" means:

      (a) To sign; or

      (b) To execute or adopt a record by attaching to or logically associating with the record, an electronic sound, symbol, or process with the intent to sign the record.

      (4) "Court" means a court of competent jurisdiction in this state.

      (5) "Knowledge" means actual knowledge.

      (6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

      (7) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

      NEW SECTION. Sec. 2. NOTICE. Unless the parties to an agreement to arbitrate otherwise agree or except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. A person has notice if the person has knowledge of the notice or has received notice. A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.

      NEW SECTION. Sec. 3. WHEN CHAPTER APPLIES. (1) Before July 1, 2006, this chapter governs agreements to arbitrate entered into:

      (a) On or after the effective date of this act; and

      (b) Before the effective date of this act, if all parties to the agreement to arbitrate or to arbitration proceedings agree in a record to be governed by this chapter.

      (2) On or after July 1, 2006, this chapter governs agreements to arbitrate even if the arbitration agreement was entered into before the effective date of this act.

      (3) This chapter does not apply to any arbitration governed by chapter 7.06 RCW.

      (4) This chapter does not apply to any arbitration agreement between employers and employees or between employers and associations of employees.

      NEW SECTION. Sec. 4. EFFECT OF AGREEMENT TO ARBITRATE--NONWAIVABLE PROVISIONS. (1) Except as otherwise provided in subsections (2) and (3) of this section, the parties to an agreement to arbitrate or to an arbitration proceeding may waive or vary the requirements of this chapter to the extent permitted by law.

      (2) Before a controversy arises that is subject to an agreement to arbitrate, the parties to the agreement may not:

      (a) Waive or vary the requirements of section 5(1), 6(1), 8, 17 (1) or (2), 26, or 28 of this act;

      (b) Unreasonably restrict the right under section 9 of this act to notice of the initiation of an arbitration proceeding;

      (c) Unreasonably restrict the right under section 12 of this act to disclosure of any facts by a neutral arbitrator; or

      (d) Waive the right under section 16 of this act of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this chapter.

      (3) The parties to an agreement to arbitrate may not waive or vary the requirements of this section or section 3 (1)(a) or (2), 7, 14, 18, 20 (3) or (4), 22, 23, 24, 25 (1) or (2), 29, 31, 50, or 51 of this act.

      NEW SECTION. Sec. 5. APPLICATION TO COURT. (1) Except as otherwise provided in section 28 of this act, an application for judicial relief under this chapter must be made by motion to the court and heard in the manner and upon the notice provided by law or rule of court for making and hearing motions.

      (2) Notice of an initial motion to the court under this chapter must be served in the manner provided by law for the service of a summons in a civil action unless a civil action is already pending involving the agreement to arbitrate.

      NEW SECTION. Sec. 6. VALIDITY OF AGREEMENT TO ARBITRATE. (1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of contract.

      (2) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

      (3) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.

      (4) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.

      NEW SECTION. Sec. 7. MOTION TO COMPEL OR STAY ARBITRATION. (1) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement, the court shall order the parties to arbitrate if the refusing party does not appear or does not oppose the motion. If the refusing party opposes the motion, the court shall proceed summarily to decide the issue. Unless the court finds that there is no enforceable agreement to arbitrate, it shall order the parties to arbitrate. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate.

      (2) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate.

      (3) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

      (4) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be filed in that court. Otherwise a motion under this section may be filed in any court as required by section 27 of this act.

      (5) If a party files a motion with the court to order arbitration under this section, the court shall on just terms stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

      (6) If the court orders arbitration, the court shall on just terms stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may sever it and limit the stay to that claim.

      NEW SECTION. Sec. 8. PROVISIONAL REMEDIES. (1) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.

      (2) After an arbitrator is appointed and is authorized and able to act, the arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action. After an arbitrator is appointed and is authorized and able to act, a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or if the arbitrator cannot provide an adequate remedy.

      (3) A motion to a court for a provisional remedy under subsection (1) or (2) of this section does not waive any right of arbitration.

      NEW SECTION. Sec. 9. INITIATION OF ARBITRATION. (1) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by mail certified or registered, return receipt requested and obtained, or by service as authorized for the initiation of a civil action. The notice must describe the nature of the controversy and the remedy sought.

      (2) Unless a person interposes an objection as to lack or insufficiency of notice under section 15(3) of this act not later than the commencement of the arbitration hearing, the person's appearance at the hearing waives any objection to lack of or insufficiency of notice.

      NEW SECTION. Sec. 10. CONSOLIDATION OF SEPARATE ARBITRATION PROCEEDINGS. (1) Except as otherwise provided in subsection (3) of this section, upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:

      (a) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;

      (b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;

      (c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and

      (d) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

      (2) The court may order consolidation of separate arbitration proceedings as to certain claims and allow other claims to be resolved in separate arbitration proceedings.

      (3) The court may not order consolidation of the claims of a party to an agreement to arbitrate that prohibits consolidation.

      NEW SECTION. Sec. 11. APPOINTMENT OF ARBITRATOR--SERVICE AS A NEUTRAL ARBITRATOR. (1) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. The arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed under the agreed method.

      (2) An arbitrator who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as a neutral arbitrator.

      NEW SECTION. Sec. 12. DISCLOSURE BY ARBITRATOR. (1) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:

      (a) A financial or personal interest in the outcome of the arbitration proceeding; and

      (b) An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, witnesses, or the other arbitrators.

      (2) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceedings and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.

      (3) If an arbitrator discloses a fact required by subsection (1) or (2) of this section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the disclosure, the objection may be a ground to vacate the award under section 23(1)(b) of this act.

      (4) If the arbitrator did not disclose a fact as required by subsection (1) or (2) of this section, upon timely objection of a party, an award may be vacated under section 23(1)(b) of this act.

      (5) An arbitrator appointed as a neutral who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party is presumed to act with evident partiality under section 23(1)(b) of this act.

      (6) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 23(1)(b) of this act.

      NEW SECTION. Sec. 13. ACTION BY MAJORITY. If there is more than one arbitrator, the powers of the arbitrators must be exercised by a majority of them.

      NEW SECTION. Sec. 14. IMMUNITY OF ARBITRATOR--COMPETENCY TO TESTIFY--ATTORNEYS' FEES AND COSTS. (1) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.

      (2) The immunity afforded by this section supplements any other immunity.

      (3) If an arbitrator does not make a disclosure required by section 12 of this act, the nondisclosure does not cause a loss of immunity under this section.

      (4) In any judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify or required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:

      (a) To the extent necessary to determine the claim of an arbitrator or an arbitration organization or a representative of the arbitration organization against a party to the arbitration proceeding; or

      (b) If a party to the arbitration proceeding files a motion to vacate an award under section 23(1) (a) or (b) of this act and establishes prima facie that a ground for vacating the award exists.

      (5) If a person commences a civil action against an arbitrator, an arbitration organization, or a representative of an arbitration organization arising from the services of the arbitrator, organization, or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify in violation of subsection (4) of this section, and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is incompetent to testify, the court shall award to the arbitrator, organization, or representative reasonable attorneys' fees and other reasonable expenses of litigation.

      NEW SECTION. Sec. 15. ARBITRATION PROCESS. (1) The arbitrator may conduct the arbitration in such manner as the arbitrator considers appropriate so as to aid in the fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and to determine the admissibility, relevance, materiality, and weight of any evidence.

      (2) The arbitrator may decide a request for summary disposition of a claim or particular issue by agreement of all interested parties or upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the arbitration proceeding and the other parties have a reasonable opportunity to respond.

      (3) The arbitrator shall set a time and place for a hearing and give notice of the hearing not less than five days before the hearing. Unless a party to the arbitration proceeding interposes an objection to lack of or insufficiency of notice not later than the commencement of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to promptly conduct the hearing and render a timely decision.

      (4) If an arbitrator orders a hearing under subsection (3) of this section, the parties to the arbitration proceeding are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.

      (5) If there is more than one arbitrator, all of them shall conduct the hearing under subsection (3) of this section; however, a majority shall decide any issue and make a final award.

      (6) If an arbitrator ceases, or is unable, to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with section 11 of this act to continue the hearing and to decide the controversy.

      NEW SECTION. Sec. 16. REPRESENTATION BY LAWYER. A party to an arbitration proceeding may be represented by a lawyer.

      NEW SECTION. Sec. 17. WITNESSES--SUBPOENAS--DEPOSITIONS--DISCOVERY. (1) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.

      (2) On request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness, including a witness who cannot be subpoenaed for or is unable to attend a hearing, to be taken under conditions determined by the arbitrator for use as evidence in order to make the proceeding fair, expeditious, and cost-effective.

      (3) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost-effective.

      (4) If an arbitrator permits discovery under subsection (3) of this section, the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, including the issuance of a subpoena for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and may take action against a party to the arbitration proceeding who does not comply to the extent permitted by law as if the controversy were the subject of a civil action in this state.

      (5) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure as if the controversy were the subject of a civil action in this state.

      (6) All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state.

      (7) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court in order to make the arbitration proceeding fair, expeditious, and cost-effective. A subpoena or discovery-related order issued by an arbitrator must be served in the manner provided by law for service of subpoenas in a civil action in this state and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.

      NEW SECTION. Sec. 18. COURT ENFORCEMENT OF PREAWARD RULING BY ARBITRATOR. If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 19 of this act. The successful party may file a motion to the court for an expedited order to confirm the award under section 22 of this act, in which case the court shall proceed summarily to decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award of the arbitrator under sections 23 and 24 of this act.

      NEW SECTION. Sec. 19. AWARD. (1) An arbitrator shall make a record of an award. The record must be authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.

      (2) An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.

      NEW SECTION. Sec. 20. CHANGE OF AWARD BY ARBITRATOR. (1) On motion to an arbitrator by a party to the arbitration proceeding, the arbitrator may modify or correct an award:

      (a) Upon the grounds stated in section 24(1) (a) or (c) of this act;

      (b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

      (c) To clarify the award.

      (2) A motion under subsection (1) of this section must be made and served on all parties within twenty days after the movant receives notice of the award.

      (3) A party to the arbitration proceeding must serve any objections to the motion within ten days after receipt of the notice.

      (4) If a motion to the court is pending under section 22, 23, or 24 of this act, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:

      (a) Upon the grounds stated in section 24(1) (a) or (c) of this act;

      (b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

      (c) To clarify the award.

      (5) An award modified or corrected under this section is subject to sections 22, 23, and 24 of this act.

      NEW SECTION. Sec. 21. REMEDIES--FEES AND EXPENSES OF ARBITRATION PROCEEDING. (1) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized under the applicable law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.

      (2) An arbitrator may award attorneys' fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.

      (3) As to all remedies other than those authorized by subsections (1) and (2) of this section, an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 22 of this act or for vacating an award under section 23 of this act.

      (4) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.

      (5) If an arbitrator awards punitive damages or other exemplary relief under subsection (1) of this section, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.

      NEW SECTION. Sec. 22. CONFIRMATION OF AWARD. After a party to the arbitration proceeding receives notice of an award, the party may file a motion with the court for an order confirming the award, at which time the court shall issue such an order unless the award is modified or corrected under section 20 or 24 of this act or is vacated under section 23 of this act.

      NEW SECTION. Sec. 23. VACATING AWARD. (1) Upon motion of a party to the arbitration proceeding, the court shall vacate an award if:

      (a) The award was procured by corruption, fraud, or other undue means;

      (b) There was:

      (i) Evident partiality by an arbitrator appointed as a neutral;

      (ii) Corruption by an arbitrator; or

      (iii) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

      (c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to section 15 of this act, so as to prejudice substantially the rights of a party to the arbitration proceeding;

      (d) An arbitrator exceeded the arbitrator's powers;

      (e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under section 15(3) of this act not later than the commencement of the arbitration hearing; or

      (f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in section 9 of this act so as to prejudice substantially the rights of a party to the arbitration proceeding.

      (2) A motion under this section must be filed within ninety days after the movant receives notice of the award in a record under section 19 of this act or within ninety days after the movant receives notice of an arbitrator's award in a record on a motion to modify or correct an award under section 20 of this act, unless the motion is predicated upon the ground that the award was procured by corruption, fraud, or other undue means, in which case it must be filed within ninety days after such a ground is known or by the exercise of reasonable care should have been known by the movant.

      (3) In vacating an award on a ground other than that set forth in subsection (1)(e) of this section, the court may order a rehearing before a new arbitrator. If the award is vacated on a ground stated in subsection (1)(c), (d), or (f) of this section, the court may order a rehearing before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in section 19(2) of this act for an award.

      (4) If a motion to vacate an award is denied and a motion to modify or correct the award is not pending, the court shall confirm the award.

      NEW SECTION. Sec. 24. MODIFICATION OR CORRECTION OF AWARD. (1) Upon motion filed within ninety days after the movant receives notice of the award in a record under section 19 of this act or within ninety days after the movant receives notice of an arbitrator's award in a record on a motion to modify or correct an award under section 20 of this act, the court shall modify or correct the award if:

      (a) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;

      (b) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or

      (c) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

      (2) If a motion filed under subsection (1) of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, the court shall confirm the award.

      (3) A motion to modify or correct an award under this section may be joined with a motion to vacate the award.

      NEW SECTION. Sec. 25. JUDGMENT ON AWARD--ATTORNEYS' FEES AND LITIGATION EXPENSES. (1) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity with the order. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.

      (2) A court may allow reasonable costs of the motion and subsequent judicial proceedings.

      (3) On application of a prevailing party to a contested judicial proceeding under section 22, 23, or 24 of this act, the court may add to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award, attorneys' fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made.

      NEW SECTION. Sec. 26. JURISDICTION. (1) A court of this state having jurisdiction over the dispute and the parties may enforce an agreement to arbitrate.

      (2) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this chapter.

      NEW SECTION. Sec. 27. VENUE. A motion under section 5 of this act must be filed in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion must be filed in any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in the court of any county in this state. All subsequent motions must be filed in the court hearing the initial motion unless the court otherwise directs.

      NEW SECTION. Sec. 28. APPEALS. (1) An appeal may be taken from:

      (a) An order denying a motion to compel arbitration;

      (b) An order granting a motion to stay arbitration;

      (c) An order confirming or denying confirmation of an award;

      (d) An order modifying or correcting an award;

      (e) An order vacating an award without directing a rehearing; or

      (f) A final judgment entered under this chapter.

      (2) An appeal under this section must be taken as from an order or a judgment in a civil action.

      NEW SECTION. Sec. 29. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      NEW SECTION. Sec. 30. CAPTIONS. Captions used in this act are not part of the law.

      NEW SECTION. Sec. 31. SAVINGS CLAUSE. This act does not affect an action or proceeding commenced or right accrued before the effective date of this act.

      NEW SECTION. Sec. 32. RELATIONSHIP TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. The provisions of this chapter governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures conform to the requirements of section 102 of the electronic signatures in global and national commerce act.

      Sec. 33. RCW 3.46.150 and 2001 c 68 s 2 are each amended to read as follows:

      (1) Any city, having established a municipal department as provided in this chapter may, by written notice to the county legislative authority not less than one year prior to February 1st of the year in which all district court judges are subject to election, require the termination of the municipal department created pursuant to this chapter. A city may terminate a municipal department only at the end of a four-year judicial term. However, the city may not give the written notice required by this section unless the city has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the termination. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      (2) A county that wishes to terminate a municipal department of the district court must provide written notice to the city legislative authority at least one year prior to the date of the intended termination.

      Sec. 34. RCW 3.50.800 and 1984 c 258 s 202 are each amended to read as follows:

      (1) If a municipality has, prior to July 1, 1984, repealed in its entirety that portion of its municipal code defining crimes but continues to hear and determine traffic infraction cases under chapter 46.63 RCW in a municipal court, the municipality and the appropriate county shall, prior to January 1, 1985, enter into an agreement under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs incurred after January 1, 1985, associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. If the municipality and the county cannot come to an agreement within the time prescribed by this section, they shall be deemed to have entered into an agreement to submit the issue to arbitration pursuant to chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      (2) The agreement between the municipality and the county shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      Sec. 35. RCW 3.50.805 and 1984 c 258 s 203 are each amended to read as follows:

      (1) A municipality operating a municipal court under this chapter shall not terminate that court unless the municipality has reached an agreement with the appropriate county or another municipality under chapter 39.34 RCW under which the county or municipality is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district or municipal court as a result of the termination. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county or municipality are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county or municipality have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). A municipality that has entered into agreements with other municipalities that have terminated their municipal courts may not thereafter terminate its court unless each municipality has reached an agreement with the appropriate county in accordance with this section.

      (2) A municipality operating a municipal court under this chapter may not repeal in its entirety that portion of its municipal code defining crimes while retaining the court's authority to hear and determine traffic infractions under chapter 46.63 RCW unless the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      (3) A municipality operating a municipal court under this chapter may not repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      Sec. 36. RCW 15.49.071 and 1989 c 354 s 77 are each amended to read as follows:

      (1) When a buyer is damaged by the failure of any seed covered by this chapter to produce or perform as represented by the required label, by warranty, or as a result of negligence, the buyer, as a prerequisite to maintaining a legal action against the dealer of such seed, shall have first provided for the arbitration of the claim. Any statutory period of limitations with respect to such claim shall be tolled from the date arbitration proceedings are instituted until ten days after the date on which the arbitration award becomes final.

      (2) Similarly, no such claim may be asserted as a counterclaim or defense in any action brought by a dealer against a buyer until the buyer has first provided for arbitration of the claim. Upon the buyer's filing of a written notice of intention to assert such a claim as a counterclaim or defense in the action accompanied by a copy of the buyer's complaint in arbitration filed as provided in this chapter, the action shall be stayed, and any applicable statute of limitations shall be tolled with respect to such claim from the date arbitration proceedings are instituted until ten days after the arbitration award becomes final.

      (3) Conspicuous language calling attention to the requirement for arbitration under this section shall be referenced or included on the analysis label required under RCW 15.49.011 through 15.49.101.

      (4) If the parties agree to submit the claim to arbitration and to be bound by the arbitration award, then the arbitration shall be subject to chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act), and RCW 15.49.081 through 15.49.111 will not apply to the arbitration. If the parties do not so agree, then the buyer may provide for mandatory arbitration by the arbitration committee under RCW 15.49.081 through 15.49.111. An award rendered in such mandatory arbitration shall not be binding upon the parties and any trial on any claim so arbitrated shall be de novo.

      (5) This section applies only to claims, or counterclaims, where the relief sought is, or includes, a monetary amount in excess of two thousand dollars. All claims for two thousand dollars or less shall be commenced in either district court or small claims court.

      Sec. 37. RCW 35.20.010 and 2001 c 68 s 3 are each amended to read as follows:

      (1) There is hereby created and established in each incorporated city of this state having a population of more than four hundred thousand inhabitants, as shown by the federal or state census, whichever is the later, a municipal court, which shall be styled "The Municipal Court of . . . . . . (name of city)," hereinafter designated and referred to as the municipal court, which court shall have jurisdiction and shall exercise all the powers by this chapter declared to be vested in such municipal court, together with such powers and jurisdiction as is generally conferred in this state either by common law or statute.

      (2) A municipality operating a municipal court under this section may terminate that court if the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the termination. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      (3) A city that has entered into an agreement for court services with the county must provide written notice of the intent to terminate the agreement to the county legislative authority not less than one year prior to February 1st of the year in which all district court judges are subject to election. A city that terminates an agreement for court services to be provided by a district court may terminate the agreement only at the end of a four-year district court judicial term.

      (4) A county that wishes to terminate an agreement with a city for the provision of court services must provide written notice of the intent to terminate the agreement to the city legislative authority not less than one year prior to the expiration of the agreement.

      Sec. 38. RCW 35.22.425 and 1984 c 258 s 204 are each amended to read as follows:

      A city of the first class operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes or repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      Sec. 39. RCW 35.23.555 and 1994 c 81 s 52 are each amended to read as follows:

      A city of the second class operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes or repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      Sec. 40. RCW 35.27.515 and 1984 c 258 s 207 are each amended to read as follows:

      A town operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes or repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      Sec. 41. RCW 35.30.100 and 1984 c 258 s 208 are each amended to read as follows:

      A city operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      Sec. 42. RCW 35A.11.200 and 1984 c 258 s 209 are each amended to read as follows:

      A code city operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      Sec. 43. RCW 46.96.150 and 1994 c 274 s 2 are each amended to read as follows:

      (1) Within thirty days after receipt of the notice under RCW 46.96.140, or within thirty days after the end of an appeal procedure provided by the manufacturer, whichever is greater, a new motor vehicle dealer so notified or entitled to notice may file a petition with the department protesting the proposed establishment or relocation. The petition shall contain a short statement setting forth the reasons for the dealer's objection to the proposed establishment or relocation. Upon the filing of a protest and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely protest has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The manufacturer shall not establish or relocate the new motor vehicle dealer until the administrative law judge has held a hearing and has determined that there is good cause for permitting the proposed establishment or relocation. When more than one protest is filed against the establishment or relocation of the same dealer, the administrative law judge shall consolidate the hearings to expedite disposition of the matter.

      (2) If a manufacturer provides in the franchise agreement or by written statement distributed and provided to its dealers for arbitration under the ((Washington)) Uniform Arbitration Act, chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act), as a mechanism for resolving disputes relating to the establishment of an additional new motor vehicle dealer or the relocation of a new motor vehicle dealer, then the provisions of this section and RCW 46.96.170 relating to hearings by an administrative law judge do not apply, and a dispute regarding the establishment of an additional new motor vehicle dealer or the relocation of an existing new motor vehicle dealer shall be determined in an arbitration proceeding conducted in accordance with the ((Washington)) Uniform Arbitration Act, chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). The thirty-day period for filing a protest under this section still applies except that the protesting dealer shall file his protest with the manufacturer within thirty days after receipt of the notice under RCW 46.96.140.

      (3) The dispute shall be referred for arbitration to such arbitrator as may be agreed upon by the parties to the dispute. If the parties cannot agree upon a single arbitrator within thirty days from the date the protest is filed, the protesting dealer will select an arbitrator, the manufacturer will select an arbitrator, and the two arbitrators will then select a third. If a third arbitrator is not agreed upon within thirty days, any party may apply to the superior court, and the judge of the superior court having jurisdiction will appoint the third arbitrator. The protesting dealer will pay the arbitrator selected by him, and the manufacturer will pay the arbitrator it selected. The expense of the third arbitrator and all other expenses of arbitration will be shared equally by the parties. Attorneys' fees and fees paid to expert witnesses are not expenses of arbitration and will be paid by the person incurring them.

      (4) Notwithstanding the terms of a franchise or written statement of the manufacturer and notwithstanding the terms of a waiver, the arbitration will take place in the state of Washington in the county where the protesting dealer has his principal place of business. RCW 46.96.160 applies to a determination made by the arbitrator or arbitrators in determining whether good cause exists for permitting the proposed establishment or relocation of a new motor vehicle dealer, and the manufacturer has the burden of proof to establish that good cause exists for permitting the proposed establishment or relocation. After a hearing has been held, the arbitrator or arbitrators shall render a decision as expeditiously as possible, but in any event not later than one hundred twenty days from the date the arbitrator or arbitrators are selected or appointed. The manufacturer shall not establish or relocate the new motor vehicle dealer until the arbitration hearing has been held and the arbitrator or arbitrators have determined that there is good cause for permitting the proposed establishment or relocation. The written decision of the arbitrator is binding upon the parties unless modified, corrected, or vacated under the Washington Arbitration Act. Any party may appeal the decision of the arbitrator under the ((Washington)) Uniform Arbitration Act, chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      (5) If the franchise agreement or the manufacturer's written statement distributed and provided to its dealers does not provide for arbitration under the ((Washington)) Uniform Arbitration Act as a mechanism for resolving disputes relating to the establishment of an additional new motor vehicle dealer or the relocation of a new motor vehicle dealer, then the hearing provisions of this section and RCW 46.96.170 apply. Nothing in this section is intended to preclude a new motor vehicle dealer from electing to use any other dispute resolution mechanism offered by a manufacturer.

      Sec. 44. RCW 49.66.090 and 1973 2nd ex.s. c 3 s 7 are each amended to read as follows:

      In the event that a health care activity and an employees' bargaining unit shall reach an impasse, the matters in dispute shall be submitted to a board of arbitration composed of three arbitrators for final and binding resolution. The board shall be selected in the following manner: Within ten days, the employer shall appoint one arbitrator and the employees shall appoint one arbitrator. The two arbitrators so selected and named shall within ten days agree upon and select the name of a third arbitrator who shall act as chairman. If, upon the expiration of the period allowed therefor the arbitrators are unable to agree on the selection of a third arbitrator, such arbitrator shall be appointed at the request of either party in accordance with ((the provisions of RCW 7.04.050)) section 11 of this act, and ((he)) that person shall act as ((chairman)) chair of the arbitration board.

      Sec. 45. RCW 59.18.320 and 1973 1st ex.s. c 207 s 32 are each amended to read as follows:

      (1) The landlord and tenant may agree, in writing, except as provided in RCW 59.18.230(2)(e), to submit to arbitration, in conformity with the provisions of this section, any controversy arising under the provisions of this chapter, except the following:

      (a) Controversies regarding the existence of defects covered in subsections (1) and (2) of RCW 59.18.070: PROVIDED, That this exception shall apply only before the implementation of any remedy by the tenant;

      (b) Any situation where court action has been started by either landlord or tenant to enforce rights under this chapter; when the court action substantially affects the controversy, including but not limited to:

      (i) Court action pursuant to subsections (2) and (3) of RCW 59.18.090 and subsections (1) and (2) of RCW 59.18.160; and

      (ii) Any unlawful detainer action filed by the landlord pursuant to chapter 59.12 RCW.

      (2) The party initiating arbitration under subsection (1) of this section shall give reasonable notice to the other party or parties.

      (3) Except as otherwise provided in this section, the arbitration process shall be administered by any arbitrator agreed upon by the parties at the time the dispute arises: PROVIDED, That the procedures shall comply with the requirements of chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act) (relating to arbitration) and of this chapter.

      Sec. 46. RCW 59.18.330 and 1973 1st ex.s. c 207 s 33 are each amended to read as follows:

      (1) Unless otherwise mutually agreed to, in the event a controversy arises under RCW 59.18.320 the landlord or tenant, or both, shall complete an application for arbitration and deliver it to the selected arbitrator.

      (2) The arbitrator so designated shall schedule a hearing to be held no later than ten days following receipt of notice of the controversy, except as provided in RCW 59.18.350.

      (3) The arbitrator shall conduct public or private hearings. Reasonable notice of such hearings shall be given to the parties, who shall appear and be heard either in person or by counsel or other representative. Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. A recording of the proceedings may be taken. Any oral or documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The arbitrator shall have the power to administer oaths, to issue subpoenas, to require the attendance of witnesses and the production of such books, papers, contracts, agreements, and documents as may be deemed by the arbitrator material to a just determination of the issues in dispute. If any person refuses to obey such subpoena or refuses to be sworn to testify, or any witness, party, or attorney is guilty of any contempt while in attendance at any hearing held hereunder, the arbitrator may invoke the jurisdiction of any superior court, and such court shall have jurisdiction to issue an appropriate order. A failure to obey such order may be punished by the court as a contempt thereof.

      (4) Within five days after conclusion of the hearing, the arbitrator shall make a written decision upon the issues presented, a copy of which shall be mailed by certified mail or otherwise delivered to the parties or their designated representatives. The determination of the dispute made by the arbitrator shall be final and binding upon both parties.

      (5) If a defective condition exists which affects more than one dwelling unit in a similar manner, the arbitrator may consolidate the issues of fact common to those dwelling units in a single proceeding.

      (6) Decisions of the arbitrator shall be enforced or appealed according to the provisions of chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      Sec. 47. RCW 59.20.260 and 1984 c 58 s 13 are each amended to read as follows:

      (1) The landlord and tenant may agree in writing to submit a controversy arising under this chapter to arbitration. The agreement shall contain the name of the arbitrator agreed upon by the parties or the process for selecting the arbitrator.

      (2) The arbitration shall be administered under this chapter and chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      Sec. 48. RCW 59.20.270 and 1984 c 58 s 14 are each amended to read as follows:

      (1) If the landlord and tenant agree to submit the matter to arbitration, the parties shall complete an application for arbitration and deliver it to the selected arbitrator.

      (2) The arbitrator shall schedule a hearing to be held no later than ten days following receipt of the application.

      (3) Reasonable notice of the hearings shall be given to the parties, who shall appear and be heard either in person, by counsel, or by other representative. Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Hearings may be public or private. The proceedings may be recorded. Any oral or documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The arbitrator may administer oaths, issue subpoenas, and require the attendance of witnesses and the production of books, papers, contracts, agreements, and documents deemed by the arbitrator to be material to a just determination of the issues in dispute. If a person refuses to obey a subpoena or refuses to be sworn to testify, or any witness, party, or attorney is guilty of any contempt while in attendance at any hearing held under this section, the arbitrator may invoke the jurisdiction of any district or superior court, and the court shall have jurisdiction to issue an appropriate order. Failure to obey the order may be punished by the court as contempt.

      (4) Within five days after the hearing, the arbitrator shall make a written decision upon the issues presented. A copy of the decision shall be mailed by certified mail or otherwise delivered to the parties or their designated representatives. The decision of the arbitrator shall be final and binding upon all parties.

      (5) If a dispute exists affecting more than one tenant in a similar manner, the arbitrator may with the consent of the parties consolidate the cases into a single proceeding.

      (6) Decisions of the arbitrator shall be enforced or appealed under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

      Sec. 49. RCW 70.87.205 and 1983 c 123 s 23 are each amended to read as follows:

      (1) Disputes arising under RCW 70.87.200(2) shall be resolved by arbitration. The request shall be sent by certified mail.

      (2) The department shall appoint one arbitrator; the municipality shall appoint one arbitrator; and the arbitrators chosen by the department and the municipality shall appoint the third arbitrator. If the two arbitrators cannot agree on the third arbitrator, the presiding judge of the Thurston county superior court, or his or her designee, shall appoint the third arbitrator.

      (3) The arbitration shall be held pursuant to the procedures in chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act), except that ((RCW 7.04.220)) section 28(1)(f) of this act shall not apply. The decision of the arbitrators is final and binding on the parties. Neither party may appeal a decision to any court.

      (4) A party may petition the Thurston county superior court to enforce a decision of the arbitrators.

      NEW SECTION. Sec. 50. REPEALER. The following acts or parts of acts are each repealed:

      (1) RCW 7.04.010 (Arbitration authorized) and 1947 c 209 s 1 & 1943 c 138 s 1;

      (2) RCW 7.04.020 (Applications in writing--How heard--Jurisdiction) and 1982 c 122 s 1 & 1943 c 138 s 2;

      (3) RCW 7.04.030 (Stay of action pending arbitration) and 1943 c 138 s 3;

      (4) RCW 7.04.040 (Motion to compel arbitration--Notice and hearing--Motion for stay) and 1943 c 138 s 4;

      (5) RCW 7.04.050 (Appointment of arbitrators by court) and 1943 c 138 s 5;

      (6) RCW 7.04.060 (Notice of intention to arbitrate--Contents) and 1943 c 138 s 6;

      (7) RCW 7.04.070 (Hearing by arbitrators) and 1943 c 138 s 7;

      (8) RCW 7.04.080 (Failure of party to appear no bar to hearing and determination) and 1943 c 138 s 8;

      (9) RCW 7.04.090 (Time of making award--Extension--Failure to make award when required) and 1985 c 265 s 1 & 1943 c 138 s 9;

      (10) RCW 7.04.100 (Representation by attorney) and 1943 c 138 s 10;

      (11) RCW 7.04.110 (Witnesses--Compelling attendance) and 1943 c 138 s 11;

      (12) RCW 7.04.120 (Depositions) and 1943 c 138 s 12;

      (13) RCW 7.04.130 (Order to preserve property or secure satisfaction of award) and 1943 c 138 s 13;

      (14) RCW 7.04.140 (Form of award--Copies to parties) and 1943 c 138 s 14;

      (15) RCW 7.04.150 (Confirmation of award by court) and 1982 c 122 s 2 & 1943 c 138 s 15;

      (16) RCW 7.04.160 (Vacation of award--Rehearing) and 1943 c 138 s 16;

      (17) RCW 7.04.170 (Modification or correction of award by court) and 1943 c 138 s 17;

      (18) RCW 7.04.175 (Modification or correction of award by arbitrators) and 1985 c 265 s 2;

      (19) RCW 7.04.180 (Notice of motion to vacate, modify, or correct award--Stay) and 1943 c 138 s 18;

      (20) RCW 7.04.190 (Judgment--Costs) and 1943 c 138 s 19;

      (21) RCW 7.04.200 (Judgment roll--Docketing) and 1943 c 138 s 20;

      (22) RCW 7.04.210 (Effect of judgment) and 1943 c 138 s 21; and

      (23) RCW 7.04.220 (Appeal) and 1943 c 138 s 22.

      NEW SECTION. Sec. 51. This act takes effect January 1, 2006.

      NEW SECTION. Sec. 52. Sections 1 through 32 of this act constitute a new chapter in Title 7 RCW."

      Senators Kline and Johnson spoke in favor of adoption of the committee striking amendment.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Judiciary to Substitute House Bill No. 1054.

      The motion by Senator Kline carried and the committee striking amendment was adopted by voice vote.

MOTION

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

      On page 1, line 1 of the title, after "arbitration act;" strike the remainder of the title and insert "amending RCW 3.46.150, 3.50.800, 3.50.805, 15.49.071, 35.20.010, 35.22.425, 35.23.555, 35.27.515, 35.30.100, 35A.11.200, 46.96.150, 49.66.090, 59.18.320, 59.18.330, 59.20.260, 59.20.270, and 70.87.205; adding a new chapter to Title 7 RCW; repealing RCW 7.04.010, 7.04.020, 7.04.030, 7.04.040, 7.04.050, 7.04.060, 7.04.070, 7.04.080, 7.04.090, 7.04.100, 7.04.110, 7.04.120, 7.04.130, 7.04.140, 7.04.150, 7.04.160, 7.04.170, 7.04.175, 7.04.180, 7.04.190, 7.04.200, 7.04.210, and 7.04.220; and providing an effective date."

MOTION

      On motion of Senator Kline, the rules were suspended, Substitute House Bill No. 1054, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kline spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1054 as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1054, 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 Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 49

      SUBSTITUTE HOUSE BILL NO. 1054, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1891, by House Committee on Economic Development, Agriculture & Trade (originally sponsored by Representatives Hinkle, B. Sullivan, Buck and Haler)

      Concerning reclaimed water permits.

      The measure was read the second time.

MOTION

      On motion of Senator Poulsen, the rules were suspended, Substitute House Bill No. 1891 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Poulsen and Morton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1891.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1891 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 49

      SUBSTITUTE HOUSE BILL NO. 1891, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 2166, by Representatives Newhouse, Linville, Kristiansen, Hankins, Grant, Holmquist and Haler

      Creating the joint legislative committee on water supply during drought.

      The measure was read the second time.

MOTION

      On motion of Senator Poulsen, the rules were suspended, House Bill No. 2166 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Poulsen and Morton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 2166.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2166 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Absent: Senator Finkbeiner - 1

      HOUSE BILL NO. 2166, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1657, by House Committee on Natural Resources, Ecology & Parks (originally sponsored by Representatives Takko, Buck, B. Sullivan, Orcutt, Blake, Wallace, Sells and Chase)

      Concerning the construction of bridges and trestles over tidelands, shorelands, and harbor areas of the state. Revised for 1st Substitute: Concerning the construction of bridges and trestles.

      The measure was read the second time.

MOTION

      On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 1657 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen and Oke spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1657.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1657 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Finkbeiner, Franklin, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 46

      Voting nay: Senators Fairley, Fraser and Thibaudeau - 3

      SUBSTITUTE HOUSE BILL NO. 1657, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1479, by Representatives Morrell, Campbell, Schual-Berke, Nixon, Cody, Green, Appleton, Clibborn, Simpson and Moeller

      Regarding independent prescriptive authority for advanced registered nurse practitioners.

      The measure was read the second time.

MOTION

      On motion of Senator Keiser, the rules were suspended, House Bill No. 1479 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Keiser, Deccio and Parlette spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1479.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1479 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Absent: Senators Finkbeiner and Honeyford - 2

      HOUSE BILL NO. 1479, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1140, by Representatives Bailey, Cody and Wallace

      Developing a schedule of fees for performing independent reviews of health care disputes.

      The measure was read the second time.

MOTION

      On motion of Senator Keiser, the rules were suspended, House Bill No. 1140 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Keiser spoke in favor of passage of the bill.

      President Pro Tempore assumed the chair.

      The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1140.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1140 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Absent: Senators Finkbeiner and Hargrove - 2

      HOUSE BILL NO. 1140, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

      At 4:30 p.m., on motion of Senator Eide, the Senate adjourned until 9:00 a.m. Wednesday, April 6, 2005.

BRAD OWEN, President of the Senate

THOMAS HOEMANN, Secretary of the Senate