WHEREAS, Olympia has been the capital of the State of Washington (and previously the Territory of Washington) since l853; and

      WHEREAS, In 1928, after having served in several temporary buildings, Washington State lawmakers, the Governor, other state officials, and employees moved to the new Legislative Building; and

      WHEREAS, The Legislative Building, designed by the architectural firm of Wilder and White in New York, is on the National Register of Historic Places, has the fourth-largest masonry dome in the world, is acclaimed as one of the "Ten Great Domes of the World," and is among the most beautiful capitol buildings in the nation; and

      WHEREAS, The beautiful and inspiring Legislative Building has always provided an impressive sense of history and serves as a prominent symbol of our deeply held democratic values; and

      WHEREAS, The 6.8-magnitude Nisqually Earthquake, which occurred at 10:54 a.m. on Wednesday, February 28, 2001, in the middle of the legislative session and the business day, caused millions of dollars in damage to the Legislative Building, forcing immediate evacuation, major repairs, and expedition of major planned renovations; and

      WHEREAS, The rehabilitation and repair project was massive in scope, costing $120 million raised mostly from sale of timber on state trust lands, which were provided to the state at statehood for capitol building purposes; and

      WHEREAS, The project required 400,000 pounds of marble and Italian stone; 10,000 bags of plaster; 300 miles of new wiring, conduit, pipe, and cable; 140 tons of new ductwork; 60 tons of steel rebar - carried by hand up the Dome's 266 spiral stairs; and the removal of 3,300 tons of dirt; and

      WHEREAS, The project was masterfully implemented by skilled architects, artisans, and engineers, who preserved the historic values with creative, one-of-a-kind solutions such that many of the most exacting, artful, masterful, and labor-intensive repairs are those least noticeable; and

      WHEREAS, The project was exceptionally well-managed as a "labor of love" by the Department of General Administration, the contractors, and approximately 2,100 employees, such that Phase I earthquake repairs were completed on time and under budget, an exemplary safety record of only 60 hours of time loss injuries during the 820,000 total hours worked, and 85 percent of construction waste was recycled - some for Habitat for Humanity homes; and

      WHEREAS, All citizens of the state, present and future, will benefit from improved safety, infrastructure, earthquake protection, modern communication, access, healthier air quality, energy conservation, and new public spaces for visitors;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate give high praise and thanks to the approximately 2,100 people whose vision, creativity, dedication, and meticulous, skilled, and expeditious work makes this historic project a proud success for the people of the State of Washington, including the following:

      The Washington State Department of General Administration, with special appreciation to the Project Management Team, the Architect of Record, and SRG Partnership of Seattle;

      Other architects and engineers: Einhorn/Yaffee/Prescott of Albany, New York; Barnett (Bud) Schorr of Seattle; Swenson Say Faget of Seattle; Wiss, Janney, Elstner Associates of Seattle; and Artifacts Inc. of Tacoma;

      M.A. Mortenson Company of Bellevue, the general contractor;

      Other contractors: EC Company of Auburn, McKinstry Company of Seattle, Pioneer Masonry Restoration Company of Seattle, D.L. Henricksen of Tacoma, Western Tile and Masonry of Seattle, and Master Millwork of Tacoma; and

      Wilkeson Quarry in Pierce County; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to all of the companies and agencies involved in the restoration project.

      Senators Fraser, Prentice, Spanel, Hewitt, Jacobsen, McAuliffe, Deccio, Eide, Kohl-Welles, Esser and Kline spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8672.

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

REMARKS BY THE PRESIDENT

President Owen: “Before the President makes a couple of introductions, I would like to also provide some little corrections. The earthquake did not create the need for the renovation. The renovation, actually started, process many years earlier. I had the great privilege of working with some outstanding Directors of General Administration, including Marsha Tadano Long and Rob Fukai, who are no longer there, but they were absolutely incredible. Two other people I would like to mention. We had the privilege of getting advice and guidance from two wonderful people who were the sons of Wilder and White, I know Leavitt White was the son of Mr. White. I believe that Norm Johnson was the son of Mr. Wilder or maybe it was the person in charge of the construction project. I believe it was originally. The earthquake, though, did not create the need for the renovation. The renovation was there, but it did provide us the opportunity to make it a much safer place and, Senator Kohl-Welles, I am perfectly comfortable that we can with stand anything that Mother Nature can throw at us and you’ll be well protected because of the great work that the people have done.”

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced members of the Legislative Building Renovation Project who were seated in the gallery.

MOTION

At 12:18 p.m., on motion of Senator Eide, the Senate was declared to be at recess until 1:30 p.m.

AFTERNOON SESSION

      The Senate was called to order at 1:33 p.m. by President Pro Tempore.

MOTION

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

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2126, by House Committee on Judiciary (originally sponsored by Representatives Lantz, Kenney, Kessler, Rodne, Linville, Hankins, Grant, Takko, Newhouse, Williams, Flannigan, Sells, Ormsby, Chase and Serben)

      Providing accommodations to dependent persons who are victims and witnesses.

      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. The legislature recognizes that it is important that dependent persons who are witnesses and victims of crime cooperate with law enforcement and prosecutorial agencies and that their assistance contributes to state and local enforcement efforts and the general effectiveness of the criminal justice system. The legislature finds that the state has an interest in making it possible for courts to adequately and fairly conduct cases involving dependent persons who are victims of crimes. Therefore, it is the intent of the legislature, by means of this chapter, to insure that all dependent persons who are victims and witnesses of crime are treated with sensitivity, courtesy, and special care and that their rights be protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded to other victims, witnesses, and criminal defendants.

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

      (1) "Crime" means an act punishable as a felony, gross misdemeanor, or misdemeanor under the laws of this state or equivalent federal or local law.

      (2) "Dependent person" has the same meaning as that term is defined in RCW 9A.42.010.

      (3) "Victim" means a living person against whom a crime has been committed.

      (4) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution or defense in a criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not an action or proceeding has been commenced.

      (5) "Family member" means a person who is not accused of a crime and who is an adult child, adult sibling, spouse, parent, or legal guardian of the dependent person.

      (6) "Advocate" means any person not accused of a crime, including a family member, approved by the witness or victim, in consultation with his or her guardian if applicable, who provides support to a dependent person during any legal proceeding.

      (7) "Court proceedings" means any court proceeding conducted during the course of the prosecution of a crime committed against a dependent person, including pretrial hearings, trial, sentencing, or appellate proceedings.

      (8) "Identifying information" means the dependent person's name, address, location, and photograph, and in cases in which the dependent person is a relative of the alleged perpetrator, identification of the relationship between the dependent person and the alleged perpetrator.

      (9) "Crime victim/witness program" means any crime victim and witness program of a county or local law enforcement agency or prosecutor's office, any rape crisis center's sexual assault victim advocacy program as provided in chapter 70.125 RCW, any domestic violence program's legal and community advocate program for domestic violence victims as provided in chapter 70.123 RCW, or any other crime victim advocacy program which provides trained advocates to assist crime victims during the investigation and prosecution of the crime.

      NEW SECTION. Sec. 3. (1) In addition to the rights of victims and witnesses provided for in RCW 7.69.030, there shall be every reasonable effort made by law enforcement agencies, prosecutors, and judges to assure that dependent persons who are victims or witnesses are afforded the rights enumerated in this section. The enumeration of rights under this chapter shall not be construed to create substantive rights and duties, and the application of an enumerated right in an individual case is subject to the discretion of the law enforcement agency, prosecutor, or judge. Dependent persons who are victims or witnesses in the criminal justice system have the following rights, which apply to any criminal court or juvenile court proceeding:

      (a) To have explained in language easily understood by the dependent person, all legal proceedings and police investigations in which the dependent person may be involved.

      (b) With respect to a dependent person who is a victim of a sex or violent crime, to have a crime victim advocate from a crime victim/witness program, or any other advocate of the victim's choosing, present at any prosecutorial or defense interviews with the dependent person. This subsection applies unless it creates undue hardship and if the presence of the crime victim advocate or other advocate does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate or other advocate is to provide emotional support to the dependent person and to promote the dependent person's feelings of security and safety.

      (c) To be provided, whenever possible, a secure waiting area during court proceedings and to have an advocate or support person remain with the dependent person prior to and during any court proceedings.

      (d) To allow an advocate to make recommendations to the prosecuting attorney about the ability of the dependent person to cooperate with prosecution and the potential effect of the proceedings on the dependent person.

      (e) To allow an advocate to provide information to the court concerning the dependent person's ability to understand the nature of the proceedings.

      (f) To be provided information or appropriate referrals to social service agencies to assist the dependent person with the emotional impact of the crime, the subsequent investigation, and judicial proceedings in which the dependent person is involved.

      (g) To allow an advocate to be present in court while the dependent person testifies in order to provide emotional support to the dependent person.

      (h) To provide information to the court as to the need for the presence of other supportive persons at the court proceedings while the dependent person testifies in order to promote the dependent person's feelings of security and safety.

      (i) To allow law enforcement agencies the opportunity to enlist the assistance of other professional personnel such as victim advocates or prosecutorial staff trained in the interviewing of the dependent person.

      (j) With respect to a dependent person who is a victim of a violent or sex crime, to receive either directly or through the dependent person's legal guardian, if applicable, at the time of reporting the crime to law enforcement officials, a written statement of the rights of dependent persons as provided in this chapter. The statement may be paraphrased to make it more easily understood. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county.

      (2) Any party may request a preliminary hearing for the purpose of establishing accommodations for the dependent person consistent with, but not limited to, the rights enumerated in this section.

      NEW SECTION. Sec. 4. (1) The prosecutor or defense may file a motion with the court at any time prior to commencement of the trial for an order authorizing the taking of a video tape deposition for the purpose of preserving the direct testimony of the moving party's witness if that witness is a dependent person.

      (2) The court may grant the motion if the moving party shows that it is likely that the dependent person will be unavailable to testify at a subsequent trial. The court's finding shall be based upon, at a minimum, recommendations from the dependent person's physician or any other person having direct contact with the dependent person and whose recommendations are based on specific behavioral indicators exhibited by the dependent person.

      (3) The moving party shall provide reasonable written notice to the other party of the motion and order, if granted, pursuant to superior court criminal rules for depositions.

      (4) Both parties shall have an opportunity to be present at the deposition and the nonmoving party shall have the opportunity to cross-examine the dependent person.

      (5) Under circumstances permitted by the rules of evidence, the deposition may be introduced as evidence in a subsequent proceeding if the dependent person is unavailable at trial and both the prosecutor and the defendant had notice of and an opportunity to participate in the taking of the deposition.

      NEW SECTION. Sec. 5. (1) The failure to provide notice to a dependent person of the rights enumerated in this chapter or the failure to provide the rights enumerated shall not result in civil liability so long as the failure was in good faith.

      (2) Nothing in this chapter shall be construed to limit a party's ability to bring an action, including an action for damages, based on rights conferred by other state or federal law.

      NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 7 RCW.

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

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

MOTION

On motion of Senator Mulliken, Senators Brandland, Hewitt, Finkbeiner and Johnson were excused.

      The President Pro Tempore declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Judiciary to Engrossed Substitute House Bill No. 2126.

      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 2 of the title, after "witnesses;" strike the remainder of the title and insert "and adding a new chapter to Title 7 RCW."

MOTION

      On motion of Senator Kline, the rules were suspended, Engrossed Substitute House Bill No. 2126, 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 Kline, McCaslin and Esser spoke in favor of passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2126, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2126, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; 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, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau and Weinstein - 45

      Absent: Senators Brown and Swecker - 2

      Excused: Senators Oke and Zarelli - 2

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2126, 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.

PERSONAL PRIVILEGE

Senator Kline: “Madam President, I noticed a certain lethargic feeling around the floor in this early afternoon session. Given the fact that we are, shall we say, ‘the house of lords’ we tend to be the elder body in this legislature. Also, given the fact that accordingly to our task mistress – I mean – the floor leader, we are going to be here until 9 p.m. I just want to remember to notify my fellow members that the smoking lamp is lit, so to speak. That the espresso machine is turned on and those of you who need to vote more liberal – uh, I, I mean – to vote more awakenly, we have the wherewithal over on our side. You’re all welcome.”

PERSONAL PRIVILEGE

Senator McCaslin: “The body doesn’t know this, but the last time that fine gentleman got up and raise that cup about coming in and having a shot of that – this is the truth – he fell asleep. Honest, the Lord knows I’m telling the truth. He was snoozing like a baby back there. So whatever he’s got in that stuff, don’t take it.”

SECOND READING

      HOUSE BILL NO. 1599, by Representatives Takko, Wallace and Woods

      Revising the definition of “county engineer.”

      The measure was read the second time.

MOTION

      On motion of Senator Haugen, the rules were suspended, House Bill No. 1599 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.

MOTIONS

On motion of Senator Hewitt, Senator Swecker was excused.

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

      The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1599.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1599 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      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, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens and Weinstein - 44

      Excused: Senators Brown, Oke, Swecker, Thibaudeau and Zarelli - 5

      HOUSE BILL NO. 1599, 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.

      President Owen assumed the chair.

      The Senate resumed consideration of Engrossed Second Substitute House Bill No. 2015 which had been deferred earlier in the day.

MOTION

Senator Carrell moved that the following amendment by Senators Carrell, Rasmussen, Johnson and Stevens to the striking amendment be adopted.

      On page 1, line 23 of the amendment, after "sentence;" strike "and"

      On page 1, line 25 of the amendment, after "year" insert "; and

      (f) The offender has not received a drug offender sentencing alternative more than once before the current offense"

WITHDRAWAL OF AMENDMENT

      On motion of Senator Carrell the amendment by Senator Carrell, Rasmussen, Johnson and Stevens to the striking amendment by Senators Kline and Hargrove to Engrossed Second Substitute House Bill No. 2015 was withdrawn.

MOTION

Senator Kline moved that the following amendment to the striking amendment by Senator Kline be adopted.

      On page 1, line 23 of the amendment, after "sentence;" strike "and"

      On page 1, line 25 of the amendment, after "year" insert "; and

      (f) The offender has not received a drug offender sentencing alternative more than once in the prior ten years before the current offense"

      Senators Kline, Johnson and Carrell spoke in favor of adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Kline on page 1, line 23 to the striking amendment to Engrossed Second Substitute House Bill No. 2015.

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

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kline and Hargrove as amended to Engrossed Second Substitute House Bill No. 2015.

      The motion by Senator Kline carried and the striking amendment as amended 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 "treatment;" strike the remainder of the title and insert "reenacting and amending RCW 9.94A.660; creating a new section; and providing an effective date."

MOTION

      On motion of Senator Kline, the rules were suspended, Engrossed Second Substitute House Bill No. 2015, 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.

MOTIONS

On motion of Senator Regala, Senator Doumit was excused.

On motion of Senator Pflug, Senator Zarelli was excused.

      The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 2015, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2015, as amended by the Senate 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, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 46

      Voting nay: Senator McCaslin - 1

      Excused: Senators Oke and Swecker - 2

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2015, 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. 1447, by Representatives Moeller, Jarrett, Morrell, Nixon, Fromhold, Kessler, Lantz, Upthegrove, Appleton, Green, Lovick, Dunshee, Buri, P. Sullivan, Ericks, Pettigrew, Schual-Berke, Simpson, Ormsby, Tom, Sells, Dickerson, McDermott, Wood, Santos, Hasegawa and Kilmer

      Establishing a pilot project to examine the use of instant runoff voting for nonpartisan offices.

      The measure was read the second time.

MOTION

      On motion of Senator Kastama, the rules were suspended, House Bill No. 1447 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 declared the question before the Senate to be the final passage of House Bill No. 1447.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1447 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 9; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Shin, Spanel, Stevens, Weinstein and Zarelli - 38

      Voting nay: Senators Carrell, Hargrove, Hewitt, Honeyford, Parlette, Prentice, Schoesler, Sheldon and Thibaudeau - 9

      Excused: Senators Oke and Swecker - 2

      HOUSE BILL NO. 1447, 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 SUBSTITUTE HOUSE BILL NO. 1402, by House Committee on Criminal Justice & Corrections (originally sponsored by Representative O'Brien)

      Regulating supervision of offenders who travel or transfer to or from another state.

      The measure was read the second time.

MOTION

      Senator Hargrove moved that the following committee striking amendment by the Committee on Human Services & Corrections be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 9.94A RCW to read as follows:

      (1) The department may supervise nonfelony offenders transferred to Washington pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision, and shall supervise these offenders according to the provisions of this chapter.

      (2) The department shall process applications for interstate transfer of felony and nonfelony offenders pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision, and may charge offenders a reasonable fee for processing the application.

      Sec. 2. RCW 9.95.204 and 1996 c 298 s 1 are each amended to read as follows:

      (1) When a superior court places a defendant convicted of a misdemeanor or gross misdemeanor on probation and orders supervision under RCW 9.92.060 or 9.95.210, the department of corrections has initial responsibility for supervision of that defendant.

      (2) A county legislative authority may assume responsibility for the supervision of all defendants within its jurisdiction who have been convicted of a misdemeanor or gross misdemeanor and sentenced to probation by a superior court. The assumption of responsibility shall be made by contract with the department of corrections on a biennial basis.

      (3) If a county assumes supervision responsibility, the county shall supervise all superior court misdemeanant probationers within that county for the duration of the biennium, as set forth in the contract with the department of corrections.

      (4) A contract between a county legislative authority and the department of corrections for the transfer of supervision responsibility must include, at a minimum, the following provisions:

      (a) The county's agreement to supervise all misdemeanant probationers who are sentenced by a superior court within that county and who reside within that county;

      (b) A reciprocal agreement regarding the supervision of superior court misdemeanant probationers sentenced in one county but who reside in another county;

      (c) The county's agreement to comply with the minimum standards for classification and supervision of offenders as required under RCW 9.95.206;

      (d) The amount of funds available from the department of corrections to the county for supervision of superior court misdemeanant probationers, calculated according to a formula established by the department of corrections;

      (e) A method for the payment of funds by the department of corrections to the county;

      (f) The county's agreement that any funds received by the county under the contract will be expended only to cover costs of supervision of superior court misdemeanant probationers;

      (g) The county's agreement to account to the department of corrections for the expenditure of all funds received under the contract and to submit to audits for compliance with the supervision standards and financial requirements of this section;

      (h) Provisions regarding rights and remedies in the event of a possible breach of contract or default by either party; and

      (i) Provisions allowing for voluntary termination of the contract by either party, with good cause, after sixty days' written notice.

      (5) If the contract between the county and the department of corrections is terminated for any reason, the department of corrections shall reassume responsibility for supervision of superior court misdemeanant probationers within that county. In such an event, the department of corrections retains any and all rights and remedies available by law and under the contract.

      (6) The state of Washington, the department of corrections and its employees, community corrections officers, and volunteers who assist community corrections officers are not liable for any harm caused by the actions of a superior court misdemeanant probationer who is under the supervision of a county. A county, its probation department and employees, probation officers, and volunteers who assist probation officers are not liable for any harm caused by the actions of a superior court misdemeanant probationer who is under the supervision of the department of corrections. This subsection applies regardless of whether the supervising entity is in compliance with the standards of supervision at the time of the misdemeanant probationer's actions.

      (7) The state of Washington, the department of corrections and its employees, community corrections officers, any county under contract with the department of corrections pursuant to this section and its employees, probation officers, and volunteers who assist community corrections officers and probation officers in the superior court misdemeanant probation program are not liable for civil damages resulting from any act or omission in the rendering of superior court misdemeanant probation activities unless the act or omission constitutes gross negligence. For purposes of this section, "volunteers" is defined according to RCW 51.12.035.

      (8)(a) If a misdemeanant probationer requests permission to travel or transfer to another state, the assigned probation officer employed or contracted for by the county shall determine whether such request is subject to RCW 9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the probation officer shall:

      (i) Notify the department of corrections of the probationer's request;

      (ii) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;

      (iii) Notify the probationer of the fee due to the department of corrections for processing an application under the compact;

      (iv) Cease supervision of the probationer while another state supervises the probationer pursuant to the compact;

      (v) Resume supervision if the probationer returns to this state before the term of probation expires.

      (b) The probationer shall receive credit for time served while being supervised by another state.

      Sec. 3. RCW 9.95.214 and 1996 c 298 s 4 are each amended to read as follows:

      Whenever a defendant convicted of a misdemeanor or gross misdemeanor is placed on probation under RCW 9.92.060 or 9.95.210, and the defendant is supervised by the department of corrections or a county probation department, the department or county probation department may assess and collect from the defendant for the duration of the term of supervision a monthly assessment not to exceed one hundred dollars per month. This assessment shall be paid to the agency supervising the defendant and shall be applied, along with funds appropriated by the legislature, toward the payment or part payment of the cost of supervising the defendant. The department or county probation department shall suspend such assessment while the defendant is being supervised by another state pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision.

      NEW SECTION. Sec. 4. A new section is added to chapter 3.66 RCW to read as follows:

      (1) If a person placed on probation for one year or more for a misdemeanor or gross misdemeanor by a district court requests permission to travel or transfer to another state, the assigned probation officer shall determine whether such request is subject to RCW 9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the probation officer shall:

      (a) Notify the department of corrections of the probationer's request;

      (b) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;

      (c) Notify the probationer of the fee due to the department of corrections for processing an application under the compact;

      (d) Cease supervision of the probationer while another state supervises the probationer pursuant to the compact;

      (e) Resume supervision if the probationer returns to this state before the term of probation expires.

      (2) The probationer shall receive credit for time served while being supervised by another state.

      (3) If the probationer is returned to the state at the request of the receiving state under rules of the interstate compact for adult offender supervision, the department of corrections is responsible for the cost of returning the probationer.

      (4) The state of Washington, the department of corrections and its employees, and any county and its employees are not liable for civil damages resulting from any act or omission authorized or required under this section unless the act or omission constitutes gross negligence.

      Sec. 5. RCW 35.20.255 and 2001 c 94 s 3 are each amended to read as follows:

      (1) Judges of the municipal court, in their discretion, shall have the power in all criminal proceedings within their jurisdiction including violations of city ordinances, to defer imposition of any sentence, suspend all or part of any sentence including installment payment of fines, fix the terms of any such deferral or suspension, and provide for such probation as in their opinion is reasonable and necessary under the circumstances of the case, but in no case shall it extend for more than five years from the date of conviction for a defendant to be sentenced under RCW 46.61.5055 and two years from the date of conviction for all other offenses. A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear for any hearing to address the defendant's compliance with the terms of probation when ordered to do so by the court, shall have the term of probation tolled until such time as the defendant makes his or her presence known to the court on the record. However, the jurisdiction period in this section does not apply to the enforcement of orders issued under RCW 46.20.720. Any time before entering an order terminating probation, the court may modify or revoke its order suspending or deferring the imposition or execution of the sentence.

      (2)(a) If a defendant whose sentence has been deferred requests permission to travel or transfer to another state, the director of probation services or a designee thereof shall determine whether such request is subject to RCW 9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the director or designee shall:

      (i) Notify the department of corrections of the defendant's request;

      (ii) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;

      (iii) Notify the defendant of the fee due to the department of corrections for processing an application under the compact;

      (iv) Cease supervision of the defendant while another state supervises the defendant pursuant to the compact;

      (v) Resume supervision if the defendant returns to this state before the period of deferral expires.

      (b) The defendant shall receive credit for time served while being supervised by another state.

      (c) If the probationer is returned to the state at the request of the receiving state under rules of the interstate compact for adult offender supervision, the department of corrections is responsible for the cost of returning the probationer.

      (d) The state of Washington, the department of corrections and its employees, and any city and its employees are not liable for civil damages resulting from any act or omission authorized or required under this section unless the act or omission constitutes gross negligence.

      NEW SECTION. Sec. 6. A new section is added to chapter 3.50 RCW to read as follows:

      (1) If a person placed on probation for one year or more for a misdemeanor or gross misdemeanor by a municipal court requests permission to travel or transfer to another state, the assigned probation officer shall determine whether such request is subject to RCW 9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the probation officer shall:

      (a) Notify the department of corrections of the probationer's request;

      (b) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;

      (c) Notify the probationer of the fee due to the department of corrections for processing an application under the compact;

      (d) Cease supervision of the probationer while another state supervises the probationer pursuant to the compact;

      (e) Resume supervision if the probationer returns to this state before the term of probation expires.

      (2) The probationer shall receive credit for time served while being supervised by another state.

      (3) If the probationer is returned to the state at the request of the receiving state under rules of the interstate compact for adult offender supervision, the department of corrections is responsible for the cost of returning the probationer.

      (4) The state of Washington, the department of corrections and its employees, and any city and its employees are not liable for civil damages resulting from any act or omission authorized or required under this section unless the act or omission constitutes gross negligence.

      Sec. 7. RCW 10.64.120 and 1996 c 298 s 6 are each amended to read as follows:

      (1) Every judge of a court of limited jurisdiction shall have the authority to levy upon a person a monthly assessment not to exceed one hundred dollars for services provided whenever the person is referred by the court to the misdemeanant probation department for evaluation or supervision services. The assessment may also be made by a judge in superior court when such misdemeanor or gross misdemeanor cases are heard in the superior court.

      (2) For the purposes of this section the office of the administrator for the courts shall define a probation department and adopt rules for the qualifications of probation officers based on occupational and educational requirements developed by an oversight committee. This oversight committee shall include a representative from the district and municipal court judges association, the misdemeanant corrections association, the office of the administrator for the courts, and associations of cities and counties. The oversight committee shall consider qualifications that provide the training and education necessary to (a) conduct presentencing and postsentencing background investigations, including sentencing recommendations to the court regarding jail terms, alternatives to incarceration, and conditions of release; and (b) provide ongoing supervision and assessment of offenders' needs and the risk they pose to the community.

      (3) It shall be the responsibility of the probation services office to implement local procedures approved by the court of limited jurisdiction to ensure collection and payment of such fees into the general fund of the city or county treasury.

      (4) Revenues raised under this section shall be used to fund programs for probation services and shall be in addition to those funds provided in RCW 3.62.050.

      (5) Assessments and fees levied upon a probationer under this section must be suspended while the probationer is being supervised by another state under RCW 9.94A.745, the interstate compact for adult offender supervision.

      NEW SECTION. Sec. 8. This act applies to offenders sentenced before, on, or after the effective date of this act.

      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."

      Senators Hargrove and Stevens spoke in favor of adoption of the committee striking amendment.

MOTION

On motion of Senator Mulliken, Senator Hewitt was excused.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services & Corrections to Engrossed Substitute House Bill No. 1402.

      The motion by Senator Hargrove 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 "state;" strike the remainder of the title and insert "amending RCW 9.95.204, 9.95.214, 35.20.255, and 10.64.120; adding a new section to chapter 9.94A RCW; adding a new section to chapter 3.66 RCW; adding a new section to chapter 3.50 RCW; creating a new section; providing an effective date; and declaring an emergency."

MOTION

      On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute House Bill No. 1402, 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 Hargrove spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senator Rockefeller was excused.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1402, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1402, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

      Excused: Senators Hewitt, Oke, Rockefeller and Swecker - 4

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1402, 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. 1719, by House Committee on State Government Operations & Accountability (originally sponsored by Representatives P. Sullivan, Cox, Hunt, Simpson and Williams)

      Regarding school district bidding requirements.

      The measure was read the second time.

MOTION

      On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 1719 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe and Pridemore spoke in favor of passage of the bill.

      Senator Schmidt spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1719.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1719 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 10; Absent, 1; Excused, 3.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Thibaudeau, Weinstein and Zarelli - 35

      Voting nay: Senators Benton, Carrell, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Schmidt and Stevens - 10

      Absent: Senator Finkbeiner - 1

      Excused: Senators Hewitt, Oke and Swecker - 3

      SUBSTITUTE HOUSE BILL NO. 1719, 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 SUBSTITUTE HOUSE BILL NO. 2171, by House Committee on Local Government (originally sponsored by Representatives Springer, Simpson, Takko, Ericks and Clibborn)

      Allowing counties and cities one additional year to comply with the requirements of RCW 36.70A.130. Revised for 1st Substitute: Allowing counties and cities one additional year to comply with the requirements of RCW 36.70A.130. (REVISED FOR ENGROSSED: Allowing counties and cities one additional year to comply with certain specified requirements of RCW 36.70A.130.)

      The measure was read the second time.

MOTION

Senator Kastama moved that the following striking amendment by Senators Kastama and Berkey be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature recognizes the importance of appropriate and meaningful land use measures and that such measures are critical to preserving and fostering the quality of life enjoyed by Washingtonians. The legislature recognizes also that the growth management act requires counties and cities to review and, if needed, revise their comprehensive plans and development regulations on a cyclical basis. These requirements, which often require significant compliance efforts by local governments are, in part, an acknowledgment of the continual changes that occur within the state, and the need to ensure that land use measures reflect the collective wishes of its citizenry.

      The legislature acknowledges that only those jurisdictions in compliance with the review and revision schedules of the growth management act are eligible to receive funds from the public works assistance and water quality accounts in the state treasury. The legislature further recognizes that some jurisdictions that are not yet in compliance with these review and revision schedules have demonstrated substantial progress towards compliance.

      The legislature, therefore, intends to grant jurisdictions that are not in compliance with requirements for development regulations that protect critical areas, but are demonstrating substantial progress towards compliance with these requirements, twelve months of additional eligibility to receive grants, loans, pledges, or financial guarantees from the public works assistance and water quality accounts in the state treasury. The legislature intends to specify, however, that only counties and cities in compliance with the review and revision schedules of the growth management act may receive preference for financial assistance from these accounts.

      Sec. 2. RCW 36.70A.130 and 2002 c 320 s 1 are each amended to read as follows:

      (1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. Except as otherwise provided, a county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section.

      (b) Except as otherwise provided, a county or city not planning under RCW 36.70A.040 shall take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons ((therefore)) therefor.

      (c) The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section. The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management.

      (((b))) (d) Any amendment of or revision to a comprehensive land use plan shall conform to this chapter. Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan.

      (2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year. "Updates" means to review and revise, if needed, according to subsection (1) of this section, and the time periods specified in subsection (4) of this section or in accordance with the provisions of subsection (8) of this section. Amendments may be considered more frequently than once per year under the following circumstances:

      (i) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;

      (ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW; and

      (iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget.

      (b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court.

      (3)(a) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas.

      (b) The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period. The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215.

      (4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter. Except as provided in subsection (8) of this section, the schedule established by the department shall provide for the reviews and evaluations to be completed as follows:

      (a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;

      (b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;

      (c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and

      (d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.

      (5)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.

      (b) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations.

      (6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section. Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section.

      (7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A.040(1). Only those counties and cities in compliance with the schedules in this section ((shall have the requisite authority to)) and those counties and cities demonstrating substantial progress towards compliance with the schedules in this section for development regulations that protect critical areas may receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. A county or city that is fewer than twelve months out of compliance with the schedules in this section for development regulations that protect critical areas is deemed to be making substantial progress towards compliance. Only those counties and cities in compliance with the schedules in this section ((shall)) may receive preference for grants or loans subject to the provisions of RCW 43.17.250.

      (8)(a) Counties and cities required to satisfy the requirements of this section according to the schedule established by subsection (4)(b) through (d) of this section may comply with the requirements of this section for development regulations that protect critical areas one year after the dates established in subsection (4)(b) through (d) of this section.

      (b) Counties and cities complying with the requirements of this section one year after the dates established in subsection (4)(b) through (d) of this section for development regulations that protect critical areas shall be deemed in compliance with the requirements of this section.

      (c) This subsection (8) applies only to the counties and cities specified in subsection (4)(b) through (d) of this section, and only to the requirements of this section for development regulations that protect critical areas that must be satisfied by December 1, 2005, December 1, 2006, and December 1, 2007.

      (9) Notwithstanding subsection (8) of this section and the substantial progress provisions of subsections (7) and (10) of this section, only those counties and cities complying with the schedule in subsection (4) of this section may receive preferences for grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030.

      (10) Until December 1, 2005, and notwithstanding subsection (7) of this section, a county or city subject to the time periods in subsection (4)(a) of this section demonstrating substantial progress towards compliance with the schedules in this section for its comprehensive land use plan and development regulations may receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. A county or city that is fewer than twelve months out of compliance with the schedules in this section for its comprehensive land use plan and development regulations that protect critical areas is deemed to be making substantial progress towards compliance.

      NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

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

MOTION

Senator Mulliken moved that the following amendment by Senator Mulliken to the striking amendment be adopted.

      On page 5, line 10 of the amendment, after "section for" insert "comprehensive land use plans and for"

      On page 5, line 14 of the amendment, after "section for" insert "comprehensive land use plans and for"

      On page 5, line 22 of the amendment, after "section for" insert "comprehensive land use plans and for"

      On page 5, line 27 of the amendment, after "section for" insert "comprehensive land use plans and for"

      On page 5, line 32 of the amendment, after "section for" insert "comprehensive land use plans and for"

      Senators Mulliken, Kastama, Sheldon and Morton spoke in favor of adoption of the amendment to the striking amendment.

      Senators Pridemore and Kline spoke against adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Mulliken on page 5, line 10 to the striking amendment to Engrossed Substitute House Bill No. 2171.

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

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kastama and Berkey as amended to Engrossed Substitute House Bill No. 2171.

The motion by Senator Kastama carried and the striking amendment as amended 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 "36.70A.130;" strike the remainder of the title and insert "amending RCW 36.70A.130; creating new sections; and declaring an emergency."

MOTION

      On motion of Senator Kastama, the rules were suspended, Engrossed Substitute House Bill No. 2171, 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 Kastama and Mulliken spoke in favor of passage of the bill.

      Senator Kline spoke against passage of the bill.

MOTION

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

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2171, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2171, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 29; Nays, 14; Absent, 1; Excused, 5.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Esser, Franklin, Hargrove, Honeyford, Johnson, Kastama, McCaslin, Morton, Mulliken, Parlette, Pflug, Prentice, Rasmussen, Roach, Schmidt, Schoesler, Sheldon, Shin, Stevens, Weinstein and Zarelli - 29

      Voting nay: Senators Eide, Fairley, Fraser, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Pridemore, Regala, Rockefeller, Spanel and Thibaudeau - 14

      Absent: Senator Finkbeiner - 1

      Excused: Senators Brown, Haugen, Hewitt, Oke and Swecker - 5

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2171, 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. 1216, by House Committee on Transportation (originally sponsored by Representatives Lovick, Eickmeyer, Upthegrove, Ericksen, Morrell, Dickerson, Holmquist and Sells)

      Providing funding for watchable wildlife activities by creating the "Wild On Washington" license plates.

      The measure was read the second time.

MOTION

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

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 46.16 RCW to read as follows:

      (1) The legislature recognizes that the Wild On Washington license plate has been reviewed by the special license plate review board under RCW 46.16.725 and was found to fully comply with all provisions of RCW 46.16.715 through 46.16.775.

      (2) The department shall issue a special license plate displaying a symbol or artwork, approved by the special license plate review board and the legislature, referred to as "Wild On Washington license plates," that may be used in lieu of regular or personalized license plates for vehicles required to display one or two vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department.

      NEW SECTION. Sec. 2. A new section is added to chapter 46.16 RCW to read as follows:

      For the purposes of RCW 46.16.313 and section 1 of this act, the term "Wild On Washington license plates" means license plates issued under section 1 of this act that display a symbol or artwork symbolizing wildlife viewing in Washington state.

      Sec. 3. RCW 46.16.313 and 2004 c 221 s 3, 2004 c 48 s 3, and 2004 c 35 s 3 are each reenacted and amended to read as follows:

      (1) The department may establish a fee of no more than forty dollars for each type of special license plates issued under RCW 46.16.301(1) (a), (b), or (c), as existing before amendment by section 5, chapter 291, Laws of 1997, in an amount calculated to offset the cost of production of the special license plates and the administration of this program. This fee is in addition to all other fees required to register and license the vehicle for which the plates have been requested. All such additional special license plate fees collected by the department shall be deposited in the state treasury and credited to the motor vehicle fund.

      (2) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a collegiate license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.

      (3) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.

      (4) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a special baseball stadium license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.

      (5) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a special baseball stadium license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.

      (6) Effective with vehicle registrations due or to become due on January 1, 2005, in addition to all fees and taxes required to be paid upon application and registration of a vehicle, the holder of a professional fire fighters and paramedics license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Under RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the professional fire fighters and paramedics license plates. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the Washington State Council of Fire Fighters benevolent fund established under RCW 46.16.30902.

      (7) Effective with annual renewals due or to become due on January 1, 2006, in addition to all fees and taxes required to be paid upon renewal of a vehicle registration, the holder of a professional fire fighters and paramedics license plate shall, upon application, pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Under RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the professional fire fighters and paramedics special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the Washington State Council of Fire Fighters benevolent fund established under RCW 46.16.30902.

      (8) Effective with vehicle registrations due or to become due on November 1, 2004, in addition to all fees and taxes required to be paid upon application and registration of a vehicle, the holder of a "Helping Kids Speak" license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Pursuant to RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the "Helping Kids Speak" special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the "Helping Kids Speak" account established under RCW 46.16.30904.

      (9) Effective with annual renewals due or to become due on November 1, 2005, in addition to all fees and taxes required to be paid upon renewal of a vehicle registration, the holder of a "Helping Kids Speak" license plate shall, upon application, pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Pursuant to RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the "Helping Kids Speak" special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the "Helping Kids Speak" account established under RCW 46.16.30904.

      (10) Effective with vehicle registrations due or to become due on January 1, 2005, in addition to all fees and taxes required to be paid upon application and registration of a vehicle, the holder of a "law enforcement memorial" license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. Pursuant to RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the law enforcement memorial special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the law enforcement memorial account established under RCW 46.16.30906.

      (11) Effective with annual renewals due or to become due on January 1, 2006, in addition to all fees and taxes required to be paid upon renewal of a vehicle registration, the holder of a "law enforcement memorial" license plate shall, upon application, pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. Pursuant to RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the law enforcement memorial special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the law enforcement memorial account established under RCW 46.16.30906.

      (12)(a) Effective with vehicle registrations due or to become due on or after January 1, 2006, in addition to all fees and taxes required to be paid upon application and registration of a vehicle, the holder of a Wild On Washington license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Under RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the Wild On Washington license plate. Upon determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the state wildlife account. Proceeds credited to the state wildlife account from the sale of the Wild On Washington license plates must be dedicated to the department of fish and wildlife's watchable wildlife activities defined in RCW 77.32.560(2).

      (b) Effective with annual renewals due or to become due on or after January 1, 2007, in addition to all fees and taxes required to be paid upon renewal of a vehicle registration, the holder of a Wild On Washington license plate shall, upon application, pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Under RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the Wild On Washington license plate. Upon determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the state wildlife account. Proceeds credited to the state wildlife account from the sale of the Wild On Washington license plates must be dedicated to the department of fish and wildlife's watchable wildlife activities defined in RCW 77.32.560(2).

      Sec. 4. RCW 77.12.170 and 2004 c 248 s 4 are each amended to read as follows:

      (1) There is established in the state treasury the state wildlife ((fund)) account which consists of moneys received from:

      (a) Rentals or concessions of the department;

      (b) The sale of real or personal property held for department purposes;

      (c) The sale of licenses, permits, tags, and stamps required by chapter 77.32 RCW and RCW 77.65.490, except annual resident adult saltwater and all annual razor clam and shellfish licenses, which shall be deposited into the state general fund;

      (d) Fees for informational materials published by the department;

      (e) Fees for personalized vehicle and Wild On Washington license plates as provided in chapter 46.16 RCW;

      (f) Articles or wildlife sold by the director under this title;

      (g) Compensation for damage to department property or wildlife losses or contributions, gifts, or grants received under RCW 77.12.320;

      (h) Excise tax on anadromous game fish collected under chapter 82.27 RCW;

      (i) The sale of personal property seized by the department for fish, shellfish, or wildlife violations;

      (j) The department's share of revenues from auctions and raffles authorized by the commission; and

      (k) The sale of watchable wildlife decals under RCW 77.32.560.

      (2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife ((fund)) account."

      Senator Jacobsen 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 Substitute House Bill No. 1216.

      The motion by Senator Jacobsen carried and the committee 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 "plates;" strike the remainder of the title and insert "amending RCW 77.12.170; reenacting and amending RCW 46.16.313; and adding new sections to chapter 46.16 RCW."

MOTION

      On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 1216, 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 Jacobsen 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. 1216, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1216, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 43

      Absent: Senator Finkbeiner - 1

      Excused: Senators Brown, Haugen, Hewitt, Oke and Swecker - 5

      SUBSTITUTE HOUSE BILL NO. 1216, 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.

MOTION

On motion of Senator Mulliken, Senator Finkbeiner was excused.

SECOND READING

      HOUSE BILL NO. 1143, by Representatives Green, Nixon, Haigh, McDermott, Hunt and Morrell

      Regarding penalties for violations of the public disclosure act.

      The measure was read the second time.

MOTION

      On motion of Senator Kline, the rules were suspended, House Bill No. 1143 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.

MOTION

On motion of Senator Eide, further consideration of House Bill No. 1143 was deferred and the bill held its place on the second reading calendar.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1113, by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Wallace, Jarrett, Fromhold, Armstrong, Moeller, Lovick, Morrell, Kilmer, Dickerson, Appleton, Wood, Ormsby, Sells and Chase)

      Regulating traffic signal preemption devices.

      The measure was read the second time.

MOTION

      On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 1113 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen, Shin and Brandland 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. 1113.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1113 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 43

      Excused: Senators Brown, Finkbeiner, Haugen; Hewitt, Oke and Swecker - 6

      SUBSTITUTE HOUSE BILL NO. 1113, 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. 1259, by Representatives Wallace and Woods

      Making technical corrections to chapter 46.87 RCW.

      The measure was read the second time.

MOTION

      On motion of Senator Jacobsen, the rules were suspended, House Bill No. 1259 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen and Benson 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. 1259.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1259 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 43

      Excused: Senators Brown, Finkbeiner, Haugen, Hewitt, Oke and Swecker - 6

      HOUSE BILL NO. 1259, 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. 1296, by Representatives Lovick, Flannigan, Williams, Priest and Serben

      Granting the municipal courts jurisdiction for antiharassment protection orders.

      The measure was read the second time.

MOTION

      On motion of Senator Kline, the rules were suspended, House Bill No. 1296 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kline and Johnson spoke in favor of passage of the bill.

MOTIONS

On motion of Senator Regala, Senators Kohl-Welles and Doumit were excused.

On motion of Senator Mulliken, Senators Honeyford and Parlette were excused.

      The President declared the question before the Senate to be the final passage of House Bill No. 1296.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1296 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 41

      Excused: Senators Brown, Finkbeiner, Haugen, Hewitt, Honeyford, Oke, Parlette and Swecker - 8

      HOUSE BILL NO. 1296, 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. 1486, by House Committee on Health Care (originally sponsored by Representatives Conway, Wood and Sells)

      Requiring applicants for state purchased health care benefits or uncompensated hospital care to identify the employer of the proposed beneficiary of the benefits or care. Revised for 1st Substitute: Concerning health care services.

      The measure was read the second time.

MOTION

      Senator Keiser moved that the following committee striking amendment by the Committee on Health & Long-Term Care be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 70.47 RCW to read as follows:

      (1) The health care authority, in coordination with the department of social and health services and the employment security department, shall prepare a report on the employment status of basic health plan enrollees under this chapter. The report shall include the following composite information:

      (a) The number of employees by employer;

      (b) The employee size of the employer;

      (c) The number of employees by industry type;

      (d) The number of hours worked by employees;

      (e) The number of employees with multiple employers;

      (f) The number of employees who chose the basic health plan instead of insurance coverage offered by their employer, and why they did so; and

      (g) The number of employees referred to the basic health plan by their employer and the number referred by others, including public agencies, relatives, or friends.

      (2) The report shall be structured so as to identify seasonal variations that may impact the composite information in the report.

      (3) The report shall be delivered electronically to appropriate committees of the senate and house of representatives annually, commencing no later than November 15, 2005.

      NEW SECTION. Sec. 2. A new section is added to chapter 74.09 RCW to read as follows:

      (1) The department of social and health services, in coordination with the health care authority and the employment security department, shall prepare a report on the employment status of recipients of medical assistance under this chapter. The report shall include the following composite information:

      (a) The number of employees by employer;

      (b) The employee size of the employer;

      (c) The number of employees by industry type;

      (d) The number of hours worked by employees;

      (e) The number of employees with multiple employers;

      (f) The number of employees who chose receipt of medical assistance instead of insurance coverage offered by their employer, and why they did so; and

      (g) The number of employees referred to medical assistance by their employer and the number referred by others, including public agencies, relatives, or friends.

      (2) The report shall be structured so as to identify seasonal variations that may impact the composite information in the report.

      (3) The report shall be delivered electronically to appropriate committees of the senate and house of representatives annually, commencing no later than November 15, 2005."

      Senator Keiser 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 Health & Long-Term Care to Substitute House Bill No. 1486.

      The motion by Senator Keiser 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 "services;" strike the remainder of the title and insert "adding a new section to chapter 70.47 RCW; and adding a new section to chapter 74.09 RCW."

MOTION

      On motion of Senator Keiser, the rules were suspended, Substitute House Bill No. 1486, 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 Keiser and Deccio spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senators Kohl-Welles and Doumit were excused.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1486, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1486, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 40

      Excused: Senators Brown, Doumit, Finkbeiner, Haugen, Honeyford, Kohl-Welles, Oke, Parlette and Swecker - 9

      SUBSTITUTE HOUSE BILL NO. 1486, 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. 1337, by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives O'Brien, Pearson and Darneille)

      Regulating storage of sex offender records.

      The measure was read the second time.

MOTION

      On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 1337 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Hargrove and Stevens 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. 1337.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1337 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 41

      Excused: Senators Brown, Doumit, Haugen, Honeyford, Kohl-Welles, Oke, Parlette and Swecker - 8

      SUBSTITUTE HOUSE BILL NO. 1337, 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. 1600, by Representatives Takko, Wallace and Woods

      Revising county road project reporting.

      The measure was read the second time.

MOTION

      On motion of Senator Jacobsen, the rules were suspended, House Bill No. 1600 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen and Benson 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. 1600.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1600 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 2; Excused, 7.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 40

      Absent: Senators Deccio and Hewitt - 2

      Excused: Senators Brown, Doumit, Honeyford, Kohl-Welles, Oke, Parlette and Swecker - 7

      HOUSE BILL NO. 1600, 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. 1661, by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Moeller, Hasegawa, Appleton, Hunt, Ericks, Chase, Curtis, Lovick, McCune and Cody)

      Specifying procedures for transfer of juvenile proceedings.

      The measure was read the second time.

MOTION

      On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 1661 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Hargrove and Stevens spoke in favor of passage of the bill.

MOTION

On motion of Senator Eide, Senators Deccio and Hewitt were excused.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1661.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1661 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 2; Excused, 7.

      Voting yea: Senators Benson, Berkey, Brandland, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 40

      Absent: Senators Benton and Rockefeller - 2

      Excused: Senators Brown, Doumit, Honeyford, Kohl-Welles, Oke, Parlette and Swecker - 7

      SUBSTITUTE HOUSE BILL NO. 1661, 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.

MOTIONS

On motion of Senator Eide, Senator Rockefeller was excused.

On motion of Senator Mulliken, Senator Benton was excused.

SECOND READING

      ENGROSSED HOUSE BILL NO. 1917, by Representatives Conway, Wood and Chase

      Improving stability in industrial insurance premium rates.

      The measure was read the second time.

MOTION

      On motion of Senator Franklin, the rules were suspended, Engrossed House Bill No. 1917 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Franklin spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1917.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed House Bill No. 1917 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 41

      Absent: Senator Pflug - 1

      Excused: Senators Benton, Doumit, Honeyford, Kohl-Welles, Oke, Parlette and Swecker - 7

      ENGROSSED HOUSE BILL NO. 1917, 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. 1208, by House Committee on Natural Resources, Ecology & Parks (originally sponsored by Representative O'Brien)

      Concerning forfeited property.

      The measure was read the second time.

MOTION

      On motion of Senator Poulsen, the rules were suspended, Substitute House Bill No. 1208 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. 1208.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1208 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 2; Absent, 0; Excused, 5.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 42

      Voting nay: Senators Benton and Carrell - 2

      Excused: Senators Doumit, Honeyford, Kohl-Welles, Oke and Parlette - 5

      SUBSTITUTE HOUSE BILL NO. 1208, 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. 2254, by Representative Cody

      Clarifying protections provided to quality improvement activities.

      The measure was read the second time.

MOTION

      On motion of Senator Keiser, the rules were suspended, Engrossed House Bill No. 2254 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 2254.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed House Bill No. 2254 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Doumit, Honeyford, Kohl-Welles, Oke and Parlette - 5

      ENGROSSED HOUSE BILL NO. 2254, 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. 1541, by House Committee on Transportation (originally sponsored by Representatives Murray, Woods, Wallace, Jarrett, Ericksen, Morris, B. Sullivan, Chase, Schual-Berke, Rodne and Dickerson)

      Enacting the Transportation Innovative Partnerships Act.

      The measure was read the second time.

MOTION

      Senator Haugen moved that the following committee striking amendment by the Committee on Transportation be not adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds that the public-private initiatives act created under chapter 47.46 RCW has not met the needs and expectations of the public or private sectors for the development of transportation projects. The legislature intends to phase out chapter 47.46 RCW coincident with the completion of the Tacoma Narrows Bridge - SR 16 public-private partnership. From the effective date of this act, this chapter will provide a more desirable and effective approach to developing transportation projects in partnership with the private sector by applying lessons learned from other states and from this state's ten-year experience with chapter 47.46 RCW.

      (2) It is the legislature's intent to achieve the following goals through the creation of this new approach to public-private partnerships:

      (a) To provide a well-defined mechanism to facilitate the collaboration between public and private entities in transportation;

      (b) To bring innovative thinking from the private sector and other states to bear on public projects within the state;

      (c) To provide greater flexibility in achieving the transportation projects; and

      (d) To allow for creative cost and risk sharing between the public and private partners.

      (3) The legislature intends that the powers granted in this chapter to the commission or department are in addition to any powers granted under chapter 47.56 RCW.

      (4) It is further the intent of the legislature that the commission shall be responsible for receiving, reviewing, and approving proposals; rule making; and for contract execution. The department shall be responsible for evaluating proposals and negotiating contracts.

      NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this section apply throughout this chapter.

      (1) "Authority" means the transportation commission.

      (2) "Commission" means the transportation commission.

      (3) "Department" means the department of transportation.

      (4) "Eligible project" means any project eligible for development under section 5 of this act.

      (5) "Private sector partner" and "private partner" means a person, entity, or organization that is not the federal government, a state, or a political subdivision of a state.

      (6) "Public funds" means all moneys derived from taxes, fees, charges, tolls, etc.

      (7) "Public sector partner" and "public partner" means any federal or state unit of government, bistate transportation organization, or any other political subdivision of any state.

      (8) "Transportation innovative partnership program" or "program" means the program as outlined in section 4 of this act.

      (9) "Transportation project" means a project, whether capital or operating, where the state's primary purpose for the project is to preserve or facilitate the safe transport of people or goods via any mode of travel. However, this does not include projects that are primarily for recreational purposes, such as parks, hiking trails, off-road vehicle trails, etc.

      (10) "Unit of government" means any department or agency of the federal government, any state or agency, office, or department of a state, any city, county, district, commission, authority, entity, port, or other public corporation organized and existing under statutory law or under a voter-approved charter or initiative, and any intergovernmental entity created under chapter 39.34 RCW or this chapter.

PART I

POWERS AND DUTIES OF TRANSPORTATION COMMISSION

      NEW SECTION. Sec. 3. TRANSPORTATION COMMISSION POWERS AND RESPONSIBILITIES. In addition to the powers it now possesses, the commission shall:

      (1) Be designated as the transportation innovative partnership program authority with the authority to:

      (a) Adopt rules necessary to carry out this chapter;

      (b) Enter into contracts or agreements authorized in this chapter; and

      (c) Organize itself in ways necessary to support the purposes of this chapter;

      (2) Be responsible for the day-to-day processes of the transportation innovative partnership program;

      (3) Adopt rules to govern the program, which rules must include the following:

      (a) The types of projects allowed; however, all allowed projects must be included in the Washington transportation plan or identified by the authority as being a priority need for the state;

      (b) The types of contracts allowed, with consideration given to the best practices available;

      (c) The composition of the team responsible for the evaluation of proposals to include:

      (i) Washington state department of transportation staff;

      (ii) An independent representative of a consulting or contracting field with no interests in the project that is prohibited from becoming a project manager for the project and bidding on any part of the project;

      (iii) An observer from the state auditor's office or the joint legislative audit and review committee;

      (iv) A person appointed by the commission, if the secretary of transportation is a cabinet member, or appointed by the governor if the secretary of transportation is not a cabinet member; and

      (v) A financial expert;

      (d) Minimum standards and criteria required of all proposals;

      (e) Procedures for the proper solicitation, acceptance, review, and evaluation of projects;

      (f) Criteria to be considered in the evaluation and selection of proposals that includes:

      (i) Comparison with the department's internal ability to complete the project; and

      (ii) Factors such as, but not limited to: priority, cost, risk sharing, scheduling, and management conditions;

      (g) The protection of confidential proprietary information while still meeting the need for public disclosure that is consistent with section 19 of this act;

      (h) Protection for local contractors to participate in subcontracting opportunities;

      (i) Specifying that maintenance issues must be resolved in a manner consistent with the personnel system reform act, chapter 41.80 RCW;

      (j) Specifying that provisions regarding patrolling and law enforcement on a public facility are subject to approval by the Washington state patrol;

      (4) Adopt guidelines to address security and performance issues.

      All rules and guidelines established under this section must be submitted to the chairs and ranking members of both transportation committees in October 2005 for review and then be submitted to the full legislature in the 2006 session.

PART II

TRANSPORTATION INNOVATIVE PARTNERSHIPS PROGRAM

      NEW SECTION. Sec. 4. PURPOSE OF TRANSPORTATION INNOVATIVE PARTNERSHIPS. The Transportation Innovative Partnerships Act is created for the planning, acquisition, design, financing, management, development, construction, reconstruction, replacement, improvement, maintenance, preservation, repair, and operation of transportation projects. The goals of this chapter are to:

      (1) Reduce the cost of transportation project delivery;

      (2) Recover transportation investment costs;

      (3) Develop an expedited project delivery process;

      (4) Encourage business investment in public infrastructure;

      (5) Use any fund source outside the state treasury, where financially advantageous and in the public interest;

      (6) Maximize innovation;

      (7) Develop partnerships between and among private entities and the public sector for the advancement of public purposes on mutually beneficial terms;

      (8) Create synergies between and among public sector entities to develop projects that serve both transportation and other important public purposes; and

      (9) Access specialized construction management and project management services and techniques available in the private sector.

      NEW SECTION. Sec. 5. ELIGIBLE PROJECTS. Projects eligible for development under this chapter include:

      (1) Transportation projects, whether capital or operating, where the state's primary purpose for the project is to facilitate the safe transport of people or goods via any mode of travel. However, this does not include projects that are primarily for recreational purposes, such as parks, hiking trails, off-road vehicle trails, etc.; and

      (2) Facilities, structures, operations, properties, vehicles, vessels, or the like that are developed concurrently with an eligible transportation project and that are capable of (a) providing revenues to support financing of an eligible transportation project, or (b) that are public projects that advance public purposes unrelated to transportation.

      NEW SECTION. Sec. 6. ELIGIBLE TYPES OF FINANCING. (1) Subject to the limitations in this section, the department may, in connection with the evaluation of eligible projects, consider any financing mechanisms identified under subsections (3) through (5) of this section or any other lawful source, either integrated as part of a project proposal or as a separate, stand-alone proposal to finance a project. Financing may be considered for all or part of a proposed project. A project may be financed in whole or in part with:

      (a) The proceeds of grant anticipation revenue bonds authorized by 23 U.S.C. Sec. 122 and applicable state law. Legislative authorization and appropriation is required in order to use this source of financing;

      (b) Grants, loans, loan guarantees, lines of credit, revolving lines of credit, or other financing arrangements available under the Transportation Infrastructure Finance and Innovation Act under 23 U.S.C. Sec. 181 et seq., or any other applicable federal law;

      (c) Infrastructure loans or assistance from the state infrastructure bank established by RCW 82.44.195;

      (d) Federal, state, or local revenues, subject to appropriation by the applicable legislative authority;

      (e) User fees, tolls, fares, lease proceeds, rents, gross or net receipts from sales, proceeds from the sale of development rights, franchise fees, or any other lawful form of consideration.

      (2) As security for the payment of financing described in this section, the revenues from the project may be pledged, but no such pledge of revenues constitutes in any manner or to any extent a general obligation of the state. Any financing described in this section may be structured on a senior, parity, or subordinate basis to any other financing.

      (3) For any transportation project developed under this chapter that is owned, leased, used, or operated by the state, as a public facility, if indebtedness is issued, it must be issued by the state treasurer for the transportation project.

      (4) For other public projects defined in section 5(2) of this act that are developed in conjunction with a transportation project, financing necessary to develop, construct, or operate the public project must be approved by the state finance committee or by the governing board of a public benefit corporation as provided in the federal Internal Revenue Code section 63-20;

      (5) For projects that are developed in conjunction with a transportation project but are not themselves a public facility or public project, any lawful means of financing may be used.

      NEW SECTION. Sec. 7. USE OF FEDERAL FUNDS AND SIMILAR SOURCES OF REVENUE. The department may accept from the United States or any of its agencies such funds as are available to this state or to any other unit of government for carrying out the purposes of this chapter, whether the funds are made available by grant, loan, or other financing arrangement. The department may enter into such agreements and other arrangements with the United States or any of its agencies as may be necessary, proper, and convenient for carrying out the purposes of this chapter, subject to section 8 of this act.

      NEW SECTION. Sec. 8. OTHER SOURCES OF VALUABLE CONSIDERATION AUTHORIZED. The department may accept from any source any grant, donation, gift, or other form of conveyance of land, money, other real or personal property, or other valuable thing made to the state of Washington, the department, or a local government for carrying out the purposes of this chapter.

      Any eligible project may be financed in whole or in part by contribution of any funds or property made by any private entity or public sector partner that is a party to any agreement entered into under this chapter.

      NEW SECTION. Sec. 9. REVIEW, EVALUATION, AND SELECTION OF POTENTIAL PROJECTS. (1) Subject to subsection (2) of this section, the commission may:

      (a) Solicit concepts or proposals for eligible projects from private entities and units of government;

      (b) On or after July 1, 2007, accept unsolicited concepts or proposals for eligible projects from private entities and units of government, subject to section 17 of this act;

      (c) Direct the department to evaluate projects for inclusion in the transportation innovative partnerships program that are already programmed or identified for traditional development by the state;

      (d) Direct the department to evaluate the concepts or proposals received under this section; and

      (e) Select potential projects based on the concepts or proposals. The evaluation under this subsection must include consultation with any appropriate unit of government.

      (2) Before undertaking any of the activities contained in subsection (1) of this section, the commission must have:

      (a) Completed the tolling feasibility study; and

      (b) Adopted rules specifying procedures for the proper solicitation, acceptance, review, and evaluation of projects, which procedures must include:

      (i) Comparison with the department's internal ability to complete the project; and

      (ii) Factors such as priority, cost, risk sharing, scheduling, and management conditions.

      NEW SECTION. Sec. 10. ADMINISTRATIVE FEE AUTHORIZED. The department may charge a reasonable administrative fee for the evaluation of an unsolicited project proposal. The amount of the fee will be established in rules of the commission.

      NEW SECTION. Sec. 11. AUTHORIZATION TO SPEND FUNDS FOR EVALUATION AND NEGOTIATION OF PROPOSALS. The department may spend, out of any funds identified for the purpose, such moneys as may be necessary for the evaluation of concepts or proposals for eligible projects and for negotiating agreements for eligible projects authorized by this chapter. The department may employ engineers, consultants, or other experts the department determines are needed for the purposes of doing the evaluation and negotiation. Expenses incurred by the department under this section before the issuance of transportation project bonds or other financing must be paid by the department and charged to the appropriate project. The department shall keep records and accounts showing each amount so charged.

      Unless otherwise provided in the omnibus transportation budget the funds spent by the department under this section in connection with the project must be repaid from the proceeds of the bonds or other financing upon the sale of transportation project bonds or upon obtaining other financing for an eligible project, as allowed by law or contract.

      NEW SECTION. Sec. 12. CONSULTATION WITH EXPERTS AUTHORIZED. The commission and department may consult with legal, financial, and other experts inside and outside the public sector in the evaluation, negotiation, and development of projects under this chapter, consistent with RCW 43.10.040 where applicable.

      NEW SECTION. Sec. 13. ENVIRONMENTAL, ENGINEERING, AND TECHNICAL STUDIES CONTRACTED. Notwithstanding any other provision of law, and in the absence of any direct federal funding or direction, the department may contract with a private developer of a selected project proposal to conduct environmental impact studies and engineering and technical studies.

      NEW SECTION. Sec. 14. TERMS OF PARTNERSHIP AGREEMENTS. (1) The following provisions must be included in any agreement to which the state is a party:

      (a) For any project that proposes terms for stand-alone maintenance or asset management services for a public facility, those services must be provided in a manner consistent with any collective bargaining agreements, the personnel system reform act (chapter 41.80 RCW), and civil service laws that are in effect for the public facility;

      (b) Transportation projects that are selected for development under this chapter must be identified in the Washington transportation plan or be identified by the authority as being a priority need for the state;

      (c) If there is a tolling component to the project, then it must be specified that tolling technology used in the project must be consistent with tolling technology standards adopted by the department for transportation-related projects;

      (d) Provisions for bonding, financial guarantees, deposits, or the posting of other security to secure the payment of laborers, subcontractors, and suppliers who perform work or provide materials as part of the project;

      (e) All projects must be financed in a manner consistent with section 6 of this act. This chapter is null and void if this subsection or section 6 of this act fails to become law or is held invalid by a court of final jurisdiction.

      (2) Agreements between the state and private sector partners entered into under this section must specifically include the following contractual elements:

      (a) The point in the project at which public and private sector partners will enter the project and which partners will assume responsibility for specific project elements;

      (b) How the partners will share management of the risks of the project;

      (c) How the partners will share the costs of development of the project;

      (d) How the partners will allocate financial responsibility for cost overruns;

      (e) The penalties for nonperformance;

      (f) The incentives for performance;

      (g) The accounting and auditing standards to be used to evaluate work on the project;

      (h) For any project that reverts to public ownership, the responsibility for reconstruction or renovations that are required in order for a facility to meet all applicable government standards upon reversion of the facility to the state; and

      (i) Provisions for patrolling and law enforcement on transportation projects that are public facilities.

      NEW SECTION. Sec. 15. PUBLIC INVOLVEMENT AND PARTICIPATION PLAN. (1) Before final approval, agreements entered into under this chapter must include a process that provides for public involvement and participation with respect to the development of the projects. This plan must be submitted along with the proposed agreement, and both must be approved under section 16 of this act before the state may enter a binding agreement.

      (2) All workshops, forums, open houses, meetings, public hearings, or similar public gatherings must be administered and attended by representatives of the state and any other public entities that are party to an agreement authorized by this chapter.

      NEW SECTION. Sec. 16. PROCESS FOR FINAL APPROVAL AND EXECUTION OF CONTRACTS. (1) Before approving an agreement under subsection (2) of this section, the commission must:

      (a) Prepare a financial analysis that fully discloses all project costs, direct and indirect, including costs of any financing;

      (b) Publish notice and make available the contents of the agreement, with the exception of patent information, at least twenty days before the public hearing required in (c) of this subsection; and

      (c) Hold a public hearing on the proposed agreement, with proper notice provided at least twenty days before the hearing. The public hearing must be held within the boundaries of the county seat of the county containing the project.

      (2) The commission must allow at least twenty days from the public hearing on the proposed agreement required under subsection (1)(c) of this section before approving and executing any agreements authorized under this chapter.

      NEW SECTION. Sec. 17. UNSOLICITED PROJECT PROPOSALS. Before accepting any unsolicited project proposals, the commission must adopt rules to facilitate the acceptance, review, evaluation, and selection of unsolicited project proposals. These rules must include the following:

      (1) Provisions that specify unsolicited proposals must meet predetermined criteria specified and can be rejected by the commission at any point in the process;

      (2) Provisions outlining that unsolicited proposals are subject to a two-step process that begins with concept proposals and would only advance to the second step, which are fully detailed proposals, if the commission so directed;

      (3) Provisions that require concept proposals to include at least the following information: Proposers' qualifications and experience; description of the proposed project and impact; proposed project financing; and known public benefits and opposition; and

      (4) Provisions that specify the process to be followed if the commission is interested in the concept proposal, which must include provisions:

      (a) Requiring that information regarding the potential project would be published for a period of not less than thirty days, during which time entities could express interest in submitting a proposal;

      (b) Specifying that if letters of interest were received during the thirty days, then an additional sixty days for submission of the fully detailed proposal would be allowed; and

      (c) Procedures for what will happen if there are insufficient proposals submitted or if there are no letters of interest submitted in the appropriate time frame.

      The commission may adopt other rules as necessary to avoid conflicts with existing laws, statutes, or contractual obligations of the state.

      The commission may not accept or consider any unsolicited proposals before July 1, 2007.

      NEW SECTION. Sec. 18. ADVISORY COMMITTEES REQUIRED FOR LARGE PROJECTS. For projects with costs, including financing costs, of three hundred million dollars or greater, advisory committees are required.

      (1) The commission must establish an advisory committee to advise with respect to eligible projects. An advisory committee must consist of not fewer than five and not more than nine members, as determined by the public partners. Members must be appointed by the commission, or for projects with joint public sector participation, in a manner agreed to by the state and any participating unit of government. In making appointments to the committee, the commission shall consider persons or organizations offering a diversity of viewpoints on the project.

      (2) An advisory committee shall review concepts or proposals for eligible projects and submit comments to the public sector partners.

      (3) An advisory committee shall meet as necessary at times and places fixed by the state, but not less than twice per year. The state shall provide personnel services to assist the advisory committee within the limits of available funds. An advisory committee may adopt rules to govern its proceedings and may select officers.

      (4) An advisory committee must be dissolved once the project has been fully constructed and debt issued to pay for the project has been fully retired.

      NEW SECTION. Sec. 19. CONFIDENTIAL INFORMATION. A proposer shall identify those portions of a proposal that the proposer considers to be confidential, proprietary information, or trade secrets and provide any justification as to why these materials, upon request, should not be disclosed by the authority. Patent information will be covered until the patent expires. Other information such as originality of design, fiscal information, or records of negotiation may only be protected under this section until an agreement is reached. Disclosure must occur before final agreement and execution of the contract. Projects under federal jurisdiction or using federal funds must conform to federal regulations under the Freedom of Information Act.

      NEW SECTION. Sec. 20. APPLICATION OF PREVAILING WAGE LAW. If public funds are used to pay any costs of construction of a public facility that is part of an eligible project, chapter 39.12 RCW applies to the entire public portion of the project.

      NEW SECTION. Sec. 21. JOINT AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES. The state may, either separately or in combination with any other public sector partner, enter into working agreements, coordination agreements, or similar implementation agreements, including the formation of bistate transportation organizations, to carry out the joint implementation of a transportation project selected under this chapter. The state may enter into agreements with other units of government or Canadian provinces for transborder transportation projects.

      NEW SECTION. Sec. 22. EMINENT DOMAIN. The state may exercise the power of eminent domain to acquire property, rights of way, or other rights in property for projects that are necessary to implement an eligible project developed under this chapter, regardless of whether the property will be owned in fee simple by the state.

PART III

GENERAL PROVISIONS

      NEW SECTION. Sec. 23. CREATION OF TRANSPORTATION INNOVATIVE PARTNERSHIP ACCOUNT. (1) The transportation innovative partnership account is established in the custody of the state treasurer separate and distinct from the state general fund. Interest earned by the transportation innovative partnership account must be credited to the account. The account is subject to allotment procedures under chapter 43.88 RCW.

      (2) The following moneys must be deposited into the transportation innovative partnership account:

      (a) Proceeds from bonds or other financing instruments issued under section 25 of this act;

      (b) Revenues received from any transportation project developed under this chapter or developed under the general powers granted to the department; and

      (c) Any other moneys that are by donation, grant, contract, law, or other means transferred, allocated, or appropriated to the account.

      (3) Moneys in the transportation innovative partnership account may only be expended upon evidence of approval by the Washington state legislature, either upon appropriation of supporting state funds or by other statutory direction.

      (4) The state treasurer shall serve as a fiduciary for the purpose of carrying out this chapter and implementing all or portions of any transportation project financed under this chapter.

      (5) Moneys in the transportation innovative partnership account that were derived from revenue subject to Article II, section 40 (Amendment 18) of the Washington state Constitution, may be used only for purposes authorized by that provision of the state Constitution.

      (6) The state treasurer shall establish separate subaccounts within the transportation innovative partnership account for each transportation project that is initiated under this chapter or under the general powers granted to the department. Except as provided in subsection (5) of this section, the state may pledge moneys in the transportation innovative partnership account to secure revenue bonds or any other debt obligations relating to the project for which the account is established.

      NEW SECTION. Sec. 24. USE OF TRANSPORTATION INNOVATIVE PARTNERSHIP ACCOUNT. (1) The state may use moneys in the transportation innovative partnership subaccount to ensure the repayment of loan guarantees or extensions of credit made to or on behalf of private entities engaged in the planning, acquisition, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, preservation, management, repair, or operation of any eligible project that is related to a subaccount established under this chapter.

      (2) The lien of a pledge made under this section is subordinate to the lien of a pledge securing bonds payable from moneys in the motor vehicle fund established in RCW 46.68.070, or the transportation innovative partnership account established in section 23 of this act.

      NEW SECTION. Sec. 25. AUTHORITY TO ISSUE REVENUE BONDS AND OTHER OBLIGATIONS. (1) In addition to any authority the commission or department has to issue and sell bonds and other similar obligations, this section establishes continuing authority for the issuance and sale of bonds and other similar obligations in a manner consistent with this section. To finance a project in whole or in part, the commission may request that the state treasurer issue revenue bonds on behalf of the public sector partner. The bonds must be secured by a pledge of, and a lien on, and be payable only from moneys in the transportation innovative partnership account established in section 23 of this act, and any other revenues specifically pledged to repayment of the bonds. Such a pledge by the public partner creates a lien that is valid and binding from the time the pledge is made. Revenue bonds issued under this section are not general obligations of the state or local government and are not secured by or payable from any funds or assets of the state other than the moneys and revenues specifically pledged to the repayment of such revenue bonds.

      (2) Moneys received from the issuance of revenue bonds or other debt obligations, including any investment earnings thereon, may be spent:

      (a) For the purpose of financing the costs of the project for which the bonds are issued;

      (b) To pay the costs and other administrative expenses of the bonds;

      (c) To pay the costs of credit enhancement or to fund any reserves determined to be necessary or advantageous in connection with the revenue bonds; and

      (d) To reimburse the public sector partners for any costs related to carrying out the projects authorized under this chapter.

PART IV

ALTERNATIVE CONTRACTING AND INNOVATIVE PROJECT MANAGEMENT

      NEW SECTION. Sec. 26. STUDY OF ALTERNATIVE CONTRACTING AND PROJECT MANAGEMENT AUTHORITIES. The department shall conduct a study of:

      (1) The contracting powers and project management authorities it currently possesses; those same powers and authorities authorized under this chapter; and those powers and authorities employed by other states or the private sector;

      (2) Methods of encouraging competition for the development of transportation projects; and

      (3) Any additional procedures that may be necessary or desirable for negotiating contracts in situations of a single qualified bidder, in either solicited or unsolicited proposals.

      The department must submit its report, along with any recommended legislative changes, to the commission by November 1, 2005, and to the governor and the legislature for consideration in the 2006 legislative session.

PART V

CONSTRUCTION

      NEW SECTION. Sec. 27. CONFORMITY WITH FEDERAL LAWS. Notwithstanding any provision of this chapter, applicable federal laws, rules, and regulations govern in any situation that involves federal funds if the federal laws, rules, or regulations:

      (1) Conflict with any provision of this chapter;

      (2) Require procedures that are additional to or different from those provided in this chapter; or

      (3) Require contract provisions not authorized in this

chapter. If no federal funds are provided, state laws, rates, and rules will govern.

      NEW SECTION. Sec. 28. Captions used in this chapter are not part of the law.

      NEW SECTION. Sec. 29. Sections 1 through 28 of this act constitute a new chapter in Title 47 RCW."

      In line 1 of the title, after "partnerships;" strike the remainder of the title and insert "and adding a new chapter to Title 47 RCW."

      The President declared the question before the Senate to be the motion by Senator Haugen to not adopt the committee striking amendment by the Committee on Transportation to Substitute House Bill No. 1541.

      The motion by Senator Haugen carried and the committee striking amendment was not adopted by voice vote.

MOTION

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

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds that the public-private initiatives act created under chapter 47.46 RCW has not met the needs and expectations of the public or private sectors for the development of transportation projects. The legislature intends to phase out chapter 47.46 RCW coincident with the completion of the Tacoma Narrows Bridge - SR 16 public-private partnership. From the effective date of this act, this chapter will provide a more desirable and effective approach to developing transportation projects in partnership with the private sector by applying lessons learned from other states and from this state's ten-year experience with chapter 47.46 RCW.

      (2) It is the legislature's intent to achieve the following goals through the creation of this new approach to public-private partnerships:

      (a) To provide a well-defined mechanism to facilitate the collaboration between public and private entities in transportation;

      (b) To bring innovative thinking from the private sector and other states to bear on public projects within the state;

      (c) To provide greater flexibility in achieving the transportation projects; and

      (d) To allow for creative cost and risk sharing between the public and private partners.

      (3) The legislature intends that the powers granted in this chapter to the commission or department are in addition to any powers granted under chapter 47.56 RCW.

      (4) It is further the intent of the legislature that the commission shall be responsible for receiving, reviewing, and approving proposals with technical support of the department; rule making; and for oversight of contract execution. The department shall be responsible for evaluating proposals and negotiating contracts.

      NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this section apply throughout this chapter.

      (1) "Authority" means the transportation commission.

      (2) "Commission" means the transportation commission.

      (3) "Department" means the department of transportation.

      (4) "Eligible project" means any project eligible for development under section 5 of this act.

      (5) "Eligible public works project" means only a project that meets the criteria of either section 6 (3) or (4) of this act.

      (6) "Private sector partner" and "private partner" means a person, entity, or organization that is not the federal government, a state, or a political subdivision of a state.

      (7) "Public funds" means all moneys derived from taxes, fees, charges, tolls, etc.

      (8) "Public sector partner" and "public partner" means any federal or state unit of government, bistate transportation organization, or any other political subdivision of any state.

      (9) "Transportation innovative partnership program" or "program" means the program as outlined in section 4 of this act.

      (10) "Transportation project" means a project, whether capital or operating, where the state's primary purpose for the project is to preserve or facilitate the safe transport of people or goods via any mode of travel. However, this does not include projects that are primarily for recreational purposes, such as parks, hiking trails, off-road vehicle trails, etc.

      (11) "Unit of government" means any department or agency of the federal government, any state or agency, office, or department of a state, any city, county, district, commission, authority, entity, port, or other public corporation organized and existing under statutory law or under a voter-approved charter or initiative, and any intergovernmental entity created under chapter 39.34 RCW or this chapter.

PART I

POWERS AND DUTIES OF TRANSPORTATION COMMISSION

      NEW SECTION. Sec. 3. TRANSPORTATION COMMISSION POWERS AND RESPONSIBILITIES. In addition to the powers it now possesses, the commission shall:

      (1) Approve or review contracts or agreements authorized in this chapter;

      (2) Adopt rules to carry out this chapter and govern the program, which at a minimum must address the following issues:

      (a) The types of projects allowed; however, all allowed projects must be included in the Washington transportation plan or identified by the authority as being a priority need for the state;

      (b) The types of contracts allowed, with consideration given to the best practices available;

      (c) The composition of the team responsible for the evaluation of proposals to include:

      (i) Washington state department of transportation staff;

      (ii) An independent representative of a consulting or contracting field with no interests in the project that is prohibited from becoming a project manager for the project and bidding on any part of the project;

      (iii) An observer from the state auditor's office or the joint legislative audit and review committee;

      (iv) A person appointed by the commission, if the secretary of transportation is a cabinet member, or appointed by the governor if the secretary of transportation is not a cabinet member; and

      (v) A financial expert;

      (d) Minimum standards and criteria required of all proposals;

      (e) Procedures for the proper solicitation, acceptance, review, and evaluation of projects;

      (f) Criteria to be considered in the evaluation and selection of proposals that includes:

      (i) Comparison with the department's internal ability to complete the project that documents the advantages of completing the project as a partnership versus solely as a public venture; and

      (ii) Factors such as, but not limited to: priority, cost, risk sharing, scheduling, and management conditions;

      (g) The protection of confidential proprietary information while still meeting the need for public disclosure that is consistent with section 19 of this act;

      (h) Protection for local contractors to participate in subcontracting opportunities;

      (i) Specifying that maintenance issues must be resolved in a manner consistent with the personnel system reform act, chapter 41.80 RCW;

      (j) Specifying that provisions regarding patrolling and law enforcement on a public facility are subject to approval by the Washington state patrol;

      (3) Adopt guidelines to address security and performance issues.

      All rules and guidelines established under this section must be submitted to the chairs and ranking members of both transportation committees in October 2005 for review and then be submitted to the full legislature in the 2006 session.

PART II

TRANSPORTATION INNOVATIVE PARTNERSHIPS PROGRAM

      NEW SECTION. Sec. 4. PURPOSE OF TRANSPORTATION INNOVATIVE PARTNERSHIPS. The Transportation Innovative Partnerships Act is created for the planning, acquisition, design, financing, management, development, construction, reconstruction, replacement, improvement, maintenance, preservation, repair, and operation of transportation projects. The goals of this chapter are to:

      (1) Reduce the cost of transportation project delivery;

      (2) Recover transportation investment costs;

      (3) Develop an expedited project delivery process;

      (4) Encourage business investment in public infrastructure;

      (5) Use any fund source outside the state treasury, where financially advantageous and in the public interest;

      (6) Maximize innovation;

      (7) Develop partnerships between and among private entities and the public sector for the advancement of public purposes on mutually beneficial terms;

      (8) Create synergies between and among public sector entities to develop projects that serve both transportation and other important public purposes; and

      (9) Access specialized construction management and project management services and techniques available in the private sector.

      NEW SECTION. Sec. 5. ELIGIBLE PROJECTS. Projects eligible for development under this chapter include:

      (1) Transportation projects, whether capital or operating, where the state's primary purpose for the project is to facilitate the safe transport of people or goods via any mode of travel. However, this does not include projects that are primarily for recreational purposes, such as parks, hiking trails, off-road vehicle trails, etc.; and

      (2) Facilities, structures, operations, properties, vehicles, vessels, or the like that are developed concurrently with an eligible transportation project and that are capable of (a) providing revenues to support financing of an eligible transportation project, or (b) that are public projects that advance public purposes unrelated to transportation.

      NEW SECTION. Sec. 6. ELIGIBLE TYPES OF FINANCING. (1) Subject to the limitations in this section, the department may, in connection with the evaluation of eligible projects, consider any financing mechanisms identified under subsections (3) through (5) of this section or any other lawful source, either integrated as part of a project proposal or as a separate, stand-alone proposal to finance a project. Financing may be considered for all or part of a proposed project. A project may be financed in whole or in part with:

      (a) The proceeds of grant anticipation revenue bonds authorized by 23 U.S.C. Sec. 122 and applicable state law. Legislative authorization and appropriation is required in order to use this source of financing;

      (b) Grants, loans, loan guarantees, lines of credit, revolving lines of credit, or other financing arrangements available under the Transportation Infrastructure Finance and Innovation Act under 23 U.S.C. Sec. 181 et seq., or any other applicable federal law;

      (c) Infrastructure loans or assistance from the state infrastructure bank established by RCW 82.44.195;

      (d) Federal, state, or local revenues, subject to appropriation by the applicable legislative authority;

      (e) User fees, tolls, fares, lease proceeds, rents, gross or net receipts from sales, proceeds from the sale of development rights, franchise fees, or any other lawful form of consideration.

      (2) As security for the payment of financing described in this section, the revenues from the project may be pledged, but no such pledge of revenues constitutes in any manner or to any extent a general obligation of the state. Any financing described in this section may be structured on a senior, parity, or subordinate basis to any other financing.

      (3) For any transportation project developed under this chapter that is owned, leased, used, or operated by the state, as a public facility, if indebtedness is issued, it must be issued by the state treasurer for the transportation project.

      (4) For other public projects defined in section 5(2) of this act that are developed in conjunction with a transportation project, financing necessary to develop, construct, or operate the public project must be approved by the state finance committee or by the governing board of a public benefit corporation as provided in the federal Internal Revenue Code section 63-20;

      (5) For projects that are developed in conjunction with a transportation project but are not themselves a public facility or public project, any lawful means of financing may be used.

      NEW SECTION. Sec. 7. USE OF FEDERAL FUNDS AND SIMILAR SOURCES OF REVENUE. The department may accept from the United States or any of its agencies such funds as are available to this state or to any other unit of government for carrying out the purposes of this chapter, whether the funds are made available by grant, loan, or other financing arrangement. The department may enter into such agreements and other arrangements with the United States or any of its agencies as may be necessary, proper, and convenient for carrying out the purposes of this chapter, subject to section 8 of this act.

      NEW SECTION. Sec. 8. OTHER SOURCES OF VALUABLE CONSIDERATION AUTHORIZED. The department may accept from any source any grant, donation, gift, or other form of conveyance of land, money, other real or personal property, or other valuable thing made to the state of Washington, the department, or a local government for carrying out the purposes of this chapter.

      Any eligible project may be financed in whole or in part by contribution of any funds or property made by any private entity or public sector partner that is a party to any agreement entered into under this chapter.

      NEW SECTION. Sec. 9. REVIEW, EVALUATION, AND SELECTION OF POTENTIAL PROJECTS. (1) Subject to subsection (2) of this section, the commission may:

      (a) Solicit concepts or proposals for eligible projects from private entities and units of government;

      (b) On or after January 1, 2007, accept unsolicited concepts or proposals for eligible projects from private entities and units of government, subject to section 17 of this act;

      (c) Direct the department to evaluate projects for inclusion in the transportation innovative partnerships program that are already programmed or identified for traditional development by the state;

      (d) Direct the department to evaluate the concepts or proposals received under this section; and

      (e) Select potential projects based on the concepts or proposals. The evaluation under this subsection must include consultation with any appropriate unit of government.

      (2) Before undertaking any of the activities contained in subsection (1) of this section, the commission must have:

      (a) Completed the tolling feasibility study; and

      (b) Adopted rules specifying procedures for the proper solicitation, acceptance, review, and evaluation of projects, which procedures must include:

      (i) A comparison with the department's internal ability to complete the project that documents the advantages of completing the project as a partnership versus solely as a public venture; and

      (ii) Factors such as priority, cost, risk sharing, scheduling, and management conditions.

      NEW SECTION. Sec. 10. ADMINISTRATIVE FEE AUTHORIZED. The department may charge a reasonable administrative fee for the evaluation of an unsolicited project proposal. The amount of the fee will be established in rules of the commission.

      NEW SECTION. Sec. 11. AUTHORIZATION TO SPEND FUNDS FOR EVALUATION AND NEGOTIATION OF PROPOSALS. The department may spend, out of any funds identified for the purpose, such moneys as may be necessary for the evaluation of concepts or proposals for eligible projects and for negotiating agreements for eligible projects authorized by this chapter. The department may employ engineers, consultants, or other experts the department determines are needed for the purposes of doing the evaluation and negotiation. Expenses incurred by the department under this section before the issuance of transportation project bonds or other financing must be paid by the department and charged to the appropriate project. The department shall keep records and accounts showing each amount so charged.

      Unless otherwise provided in the omnibus transportation budget the funds spent by the department under this section in connection with the project must be repaid from the proceeds of the bonds or other financing upon the sale of transportation project bonds or upon obtaining other financing for an eligible project, as allowed by law or contract.

      NEW SECTION. Sec. 12. CONSULTATION WITH EXPERTS AUTHORIZED. The commission and department may consult with legal, financial, and other experts inside and outside the public sector in the evaluation, negotiation, and development of projects under this chapter, consistent with RCW 43.10.040 where applicable.

      NEW SECTION. Sec. 13. ENVIRONMENTAL, ENGINEERING, AND TECHNICAL STUDIES CONTRACTED. Notwithstanding any other provision of law, and in the absence of any direct federal funding or direction, the department may contract with a private developer of a selected project proposal to conduct environmental impact studies and engineering and technical studies.

      NEW SECTION. Sec. 14. TERMS OF PARTNERSHIP AGREEMENTS. (1) The following provisions must be included in any agreement to which the state is a party:

      (a) For any project that proposes terms for stand-alone maintenance or asset management services for a public facility, those services must be provided in a manner consistent with any collective bargaining agreements, the personnel system reform act (chapter 41.80 RCW), and civil service laws that are in effect for the public facility;

      (b) Transportation projects that are selected for development under this chapter must be identified in the Washington transportation plan or be identified by the authority as being a priority need for the state;

      (c) If there is a tolling component to the project, then it must be specified that tolling technology used in the project must be consistent with tolling technology standards adopted by the department for transportation-related projects;

      (d) Provisions for bonding, financial guarantees, deposits, or the posting of other security to secure the payment of laborers, subcontractors, and suppliers who perform work or provide materials as part of the project;

      (e) All projects must be financed in a manner consistent with section 6 of this act. This chapter is null and void if this subsection or section 6 of this act fails to become law or is held invalid by a court of final jurisdiction.

      (2) Agreements between the state and private sector partners entered into under this section must specifically include the following contractual elements:

      (a) The point in the project at which public and private sector partners will enter the project and which partners will assume responsibility for specific project elements;

      (b) How the partners will share management of the risks of the project;

      (c) How the partners will share the costs of development of the project;

      (d) How the partners will allocate financial responsibility for cost overruns;

      (e) The penalties for nonperformance;

      (f) The incentives for performance;

      (g) The accounting and auditing standards to be used to evaluate work on the project;

      (h) For any project that reverts to public ownership, the responsibility for reconstruction or renovations that are required in order for a facility to meet all applicable government standards upon reversion of the facility to the state; and

      (i) Provisions for patrolling and law enforcement on transportation projects that are public facilities.

      NEW SECTION. Sec. 15. PUBLIC INVOLVEMENT AND PARTICIPATION PLAN. (1) Before final approval, agreements entered into under this chapter must include a process that provides for public involvement and participation with respect to the development of the projects. This plan must be submitted along with the proposed agreement, and both must be approved under section 16 of this act before the state may enter a binding agreement.

      (2) All workshops, forums, open houses, meetings, public hearings, or similar public gatherings must be administered and attended by representatives of the state and any other public entities that are party to an agreement authorized by this chapter.

      NEW SECTION. Sec. 16. PROCESS FOR FINAL APPROVAL AND EXECUTION OF CONTRACTS. (1) Before approving an agreement under subsection (2) of this section, the commission, with the technical assistance of the department, must:

      (a) Prepare a financial analysis that fully discloses all project costs, direct and indirect, including costs of any financing;

      (b) Publish notice and make available the contents of the agreement, with the exception of patent information, at least twenty days before the public hearing required in (c) of this subsection; and

      (c) Hold a public hearing on the proposed agreement, with proper notice provided at least twenty days before the hearing. The public hearing must be held within the boundaries of the county seat of the county containing the project.

      (2) The commission must allow at least twenty days from the public hearing on the proposed agreement required under subsection (1)(c) of this section before approving and executing any agreements authorized under this chapter.

      NEW SECTION. Sec. 17. UNSOLICITED PROJECT PROPOSALS. Before accepting any unsolicited project proposals, the commission must adopt rules to facilitate the acceptance, review, evaluation, and selection of unsolicited project proposals. These rules must include the following:

      (1) Provisions that specify unsolicited proposals must meet predetermined criteria;

      (2) Provisions governing procedures for the cessation of negotiations and consideration;

      (3) Provisions outlining that unsolicited proposals are subject to a two-step process that begins with concept proposals and would only advance to the second step, which are fully detailed proposals, if the commission so directed;

      (4) Provisions that require concept proposals to include at least the following information: Proposers' qualifications and experience; description of the proposed project and impact; proposed project financing; and known public benefits and opposition; and

      (5) Provisions that specify the process to be followed if the commission is interested in the concept proposal, which must include provisions:

      (a) Requiring that information regarding the potential project would be published for a period of not less than thirty days, during which time entities could express interest in submitting a proposal;

      (b) Specifying that if letters of interest were received during the thirty days, then an additional sixty days for submission of the fully detailed proposal would be allowed; and

      (c) Procedures for what will happen if there are insufficient proposals submitted or if there are no letters of interest submitted in the appropriate time frame.

      The commission may adopt other rules as necessary to avoid conflicts with existing laws, statutes, or contractual obligations of the state.

      The commission may not accept or consider any unsolicited proposals before January 1, 2007.

      NEW SECTION. Sec. 18. ADVISORY COMMITTEES REQUIRED FOR LARGE PROJECTS. For projects with costs, including financing costs, of three hundred million dollars or greater, advisory committees are required.

      (1) The commission must establish an advisory committee to advise with respect to eligible projects. An advisory committee must consist of not fewer than five and not more than nine members, as determined by the public partners. Members must be appointed by the commission, or for projects with joint public sector participation, in a manner agreed to by the commission and any participating unit of government. In making appointments to the committee, the commission shall consider persons or organizations offering a diversity of viewpoints on the project.

      (2) An advisory committee shall review concepts or proposals for eligible projects and submit comments to the public sector partners.

      (3) An advisory committee shall meet as necessary at times and places fixed by the department, but not less than twice per year. The state shall provide personnel services to assist the advisory committee within the limits of available funds. An advisory committee may adopt rules to govern its proceedings and may select officers.

      (4) An advisory committee must be dissolved once the project has been fully constructed and debt issued to pay for the project has been fully retired.

      NEW SECTION. Sec. 19. CONFIDENTIAL INFORMATION. A proposer shall identify those portions of a proposal that the proposer considers to be confidential, proprietary information, or trade secrets and provide any justification as to why these materials, upon request, should not be disclosed by the authority. Patent information will be covered until the patent expires. Other information such as originality of design or records of negotiation may only be protected under this section until an agreement is reached. Disclosure must occur before final agreement and execution of the contract. Projects under federal jurisdiction or using federal funds must conform to federal regulations under the Freedom of Information Act.

      NEW SECTION. Sec. 20. APPLICATION OF PREVAILING WAGE LAW. If public funds are used to pay any costs of construction of a public facility that is part of an eligible project, chapter 39.12 RCW applies to the entire eligible public works project.

      NEW SECTION. Sec. 21. JOINT AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES. The state may, either separately or in combination with any other public sector partner, enter into working agreements, coordination agreements, or similar implementation agreements, including the formation of bistate transportation organizations, to carry out the joint implementation of a transportation project selected under this chapter. The state may enter into agreements with other units of government or Canadian provinces for transborder transportation projects.

      NEW SECTION. Sec. 22. EMINENT DOMAIN. The state may exercise the power of eminent domain to acquire property, rights of way, or other rights in property for projects that are necessary to implement an eligible project developed under this chapter, regardless of whether the property will be owned in fee simple by the state.

PART III

GENERAL PROVISIONS

      NEW SECTION. Sec. 23. CREATION OF TRANSPORTATION INNOVATIVE PARTNERSHIP ACCOUNT. (1) The transportation innovative partnership account is established in the custody of the state treasurer separate and distinct from the state general fund. Interest earned by the transportation innovative partnership account must be credited to the account. The account is subject to allotment procedures under chapter 43.88 RCW.

      (2) The following moneys must be deposited into the transportation innovative partnership account:

      (a) Proceeds from bonds or other financing instruments issued under section 25 of this act;

      (b) Revenues received from any transportation project developed under this chapter or developed under the general powers granted to the department; and

      (c) Any other moneys that are by donation, grant, contract, law, or other means transferred, allocated, or appropriated to the account.

      (3) Moneys in the transportation innovative partnership account may only be expended upon evidence of approval by the Washington state legislature, either upon appropriation of supporting state funds or by other statutory direction.

      (4) The state treasurer shall serve as a fiduciary for the purpose of carrying out this chapter and implementing all or portions of any transportation project financed under this chapter.

      (5) Moneys in the transportation innovative partnership account that were derived from revenue subject to Article II, section 40 (Amendment 18) of the Washington state Constitution, may be used only for purposes authorized by that provision of the state Constitution.

      (6) The state treasurer shall establish separate subaccounts within the transportation innovative partnership account for each transportation project that is initiated under this chapter or under the general powers granted to the department. Except as provided in subsection (5) of this section, the state may pledge moneys in the transportation innovative partnership account to secure revenue bonds or any other debt obligations relating to the project for which the account is established.

      NEW SECTION. Sec. 24. USE OF TRANSPORTATION INNOVATIVE PARTNERSHIP ACCOUNT. (1) The state may use moneys in the transportation innovative partnership subaccount to ensure the repayment of loan guarantees or extensions of credit made to or on behalf of private entities engaged in the planning, acquisition, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, preservation, management, repair, or operation of any eligible project that is related to a subaccount established under this chapter.

      (2) The lien of a pledge made under this section is subordinate to the lien of a pledge securing bonds payable from moneys in the motor vehicle fund established in RCW 46.68.070, or the transportation innovative partnership account established in section 23 of this act.

      NEW SECTION. Sec. 25. AUTHORITY TO ISSUE REVENUE BONDS AND OTHER OBLIGATIONS. (1) In addition to any authority the commission or department has to issue and sell bonds and other similar obligations, this section establishes continuing authority for the issuance and sale of bonds and other similar obligations in a manner consistent with this section. To finance a project in whole or in part, the commission may request that the state treasurer issue revenue bonds on behalf of the public sector partner. The bonds must be secured by a pledge of, and a lien on, and be payable only from moneys in the transportation innovative partnership account established in section 23 of this act, and any other revenues specifically pledged to repayment of the bonds. Such a pledge by the public partner creates a lien that is valid and binding from the time the pledge is made. Revenue bonds issued under this section are not general obligations of the state or local government and are not secured by or payable from any funds or assets of the state other than the moneys and revenues specifically pledged to the repayment of such revenue bonds.

      (2) Moneys received from the issuance of revenue bonds or other debt obligations, including any investment earnings thereon, may be spent:

      (a) For the purpose of financing the costs of the project for which the bonds are issued;

      (b) To pay the costs and other administrative expenses of the bonds;

      (c) To pay the costs of credit enhancement or to fund any reserves determined to be necessary or advantageous in connection with the revenue bonds; and

      (d) To reimburse the public sector partners for any costs related to carrying out the projects authorized under this chapter.

PART IV

ALTERNATIVE CONTRACTING AND INNOVATIVE PROJECT MANAGEMENT

      NEW SECTION. Sec. 26. STUDY OF ALTERNATIVE CONTRACTING AND PROJECT MANAGEMENT AUTHORITIES. The department shall conduct a study of:

      (1) The contracting powers and project management authorities it currently possesses; those same powers and authorities authorized under this chapter; and those powers and authorities employed by other states or the private sector;

      (2) Methods of encouraging competition for the development of transportation projects; and

      (3) Any additional procedures that may be necessary or desirable for negotiating contracts in situations of a single qualified bidder, in either solicited or unsolicited proposals.

      The department must submit its report, along with any recommended legislative changes, to the commission by November 1, 2005, and to the governor and the legislature for consideration in the 2006 legislative session.

PART V

CONSTRUCTION

      NEW SECTION. Sec. 27. CONFORMITY WITH FEDERAL LAWS. Notwithstanding any provision of this chapter, applicable federal laws, rules, and regulations govern in any situation that involves federal funds if the federal laws, rules, or regulations:

      (1) Conflict with any provision of this chapter;

      (2) Require procedures that are additional to or different from those provided in this chapter; or

      (3) Require contract provisions not authorized in this chapter. If no federal funds are provided, state laws, rates, and rules will govern.

      NEW SECTION. Sec. 28. Captions used in this chapter are not part of the law.

      NEW SECTION. Sec. 29. Sections 1 through 28 of this act constitute a new chapter in Title 47 RCW.

      NEW SECTION. Sec. 30. A new section is added to chapter 47.04 RCW to read as follows:

      The department of transportation may impose and collect latecomer fees on behalf of another entity for infrastructure improvement projects initially funded partially or entirely by private sources. However, there must be an agreement in place between the department of transportation and the entity, before the imposition and collection of any such fees, that specifies (1) the collection process, (2) the maximum amount that may be collected, and (3) the period of time during which the collection may occur."

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

MOTION

Senator Haugen moved that the following amendment by Senators Haugen and Swecker to the striking amendment be adopted.

      On page 4, at the beginning of line 12, strike all material through "session." on line 15 and insert the following:

      "Preliminary rules and guidelines developed under this section must be submitted to the chairs and ranking members of both transportation committees by November 30, 2005 for review and comment. All final rules and guidelines must be submitted to the full legislature during the 2006 session for review."

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

The President declared the question before the Senate to be the adoption of the amendment by Senators Haugen and Swecker on page 4, line 12 to the striking amendment to Substitute House Bill No. 1541.

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

MOTION

Senator Esser moved that the following amendment to the striking amendment by Senator Esser be adopted.

      On page 10, after line 21, insert the following:

      "(b) Submit the project analysis and contents of the agreement, with the exception of patent information, to the legislature. The legislature must specifically approve the project before the commission may publish notice;"

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Esser and Finkbeiner spoke in favor of adoption of the amendment to the striking amendment.

      Senator Haugen spoke against adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Esser on page 10, line 21 to the striking amendment to Substitute House Bill No. 1541.

      Senator Esser demanded a division.

      The motion by Senator Esser failed and the amendment to the striking amendment was not adopted by a rising vote.

MOTION

Senator Stevens moved that the following amendment to the striking amendment by Senator Stevens be adopted.

      On page 13, line 1, after "agreements" insert "with other states"

      On page 13, line 4, after "chapter." strike all material through line 6

      Senator Stevens spoke in favor of adoption of the amendment to the striking amendment.

      Senator Haugen spoke against adoption of the amendment to the striking amendment.

POINT OF ORDER

Senator Swecker: “We did have an amendment number 548. Is that…..”

REPLY BY THE PRESIDENT

President Owen: “That was adopted.”

The President declared the question before the Senate to be the adoption of the amendment by Senator Stevens on page 13, line 1 to the striking amendment to Substitute House Bill No. 1541.

The motion by Senator Stevens failed and the amendment to the striking amendment was not adopted by voice vote.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen and Swecker as amended to Substitute House Bill No. 1541.

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

MOTION

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

      In line 1 of the title, after "partnerships;" strike the remainder of the title and insert "adding a new section to chapter 47.04 RCW; and adding a new chapter to Title 47 RCW."

MOTION

      On motion of Senator Swecker, the rules were suspended, Substitute House Bill No. 1541, 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 Swecker and Haugen spoke in favor of passage of the bill.

      Senator Benson spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1541, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1541, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 33; Nays, 13; Absent, 0; Excused, 3.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Deccio, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Mulliken, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 33

      Voting nay: Senators Benson, Carrell, Delvin, Esser, Finkbeiner, Hewitt, Johnson, McCaslin, Morton, Pflug, Roach, Schoesler and Stevens - 13

      Excused: Senators Honeyford, Oke and Parlette - 3

      SUBSTITUTE HOUSE BILL NO. 1541, 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. 1141, by Representatives Conway, Tom, Wood, Buri, Miloscia, Condotta, Armstrong and Kenney

      Changing the expiration date of the Washington real estate research account.

      The measure was read the second time.

MOTION

      On motion of Senator Kohl-Welles, the rules were suspended, House Bill No. 1141 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

MOTION

On motion of Senator Regala, Senators Kline, Pridemore and Fairley were excused.

      The President declared the question before the Senate to be the final passage of House Bill No. 1141.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1141 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Fairley, Honeyford, Kline, Oke and Parlette - 5

      HOUSE BILL NO. 1141, 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. 1158, by House Committee on Local Government (originally sponsored by Representatives Takko and Alexander)

      Modifying county treasurer administrative provisions.

      The measure was read the second time.

MOTION

      Senator Kastama moved that the following committee striking amendment by the Committee on Government Operations & Elections be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 1.12.070 and 1967 c 222 s 1 are each amended to read as follows:

      Except as otherwise specifically provided by law hereafter:

      (1) Any report, claim, tax return, statement or other document required to be filed with, or any payment made to the state or to any political subdivision thereof, which is (a) transmitted through the United States mail or private third-party delivery service, shall be deemed filed and received by the state or political subdivision on the date shown by the post office or private third-party delivery service cancellation mark or shipping date stamped or affixed upon the envelope or other appropriate wrapper containing it; or (b) mailed via United States mail or sent by a private third-party delivery service but not received by the state or political subdivision, or where received and the cancellation mark or shipping date is illegible, erroneous, or omitted, shall be deemed filed and received on the date it was mailed if the sender establishes by competent evidence that the report, claim, tax return, statement, remittance, or other document was deposited with a private third-party delivery service or in the United States mail on or before the date due for filing; and in cases of such nonreceipt of a report, tax return, statement, remittance, or other document required by law to be filed, the sender files with the state or political subdivision a duplicate within ten days after written notification is given to the sender by the state or political subdivision of its nonreceipt of such report, tax return, statement, remittance, or other document.

      (2)(a) If any report, claim, tax return, statement, remittance, or other document is sent by United States registered mail, certified mail or certificate of mailing, a record authenticated by the United States post office of such registration, certification or certificate shall be considered competent evidence that the report, claim, tax return, statement, remittance or other document was delivered to the addressee, and the date of registration, certification or certificate shall be deemed the postmarked date.

      (b) If any report, claim, tax return, statement, remittance, or other document is sent via private third-party delivery service, a record authenticated by the private third-party delivery service shall be considered competent evidence that the report, claim, tax return, statement, remittance, or other document was delivered to the addressee, and the date of deposit with the private third-party delivery service shall be deemed the shipping date.

      (3) If the date for filing any report, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday or legal holiday, the filing shall be considered timely if performed on the next business day.

      Sec. 2. RCW 36.29.010 and 2002 c 168 s 4 are each amended to read as follows:

      The county treasurer:

      (1) Shall receive all money due the county and disburse it on warrants issued and attested by the county auditor and electronic funds transfer under RCW 39.58.750 as attested by the county auditor;

      (2) Shall issue a receipt in duplicate for all money received other than taxes; the treasurer shall deliver immediately to the person making the payment the original receipt and the duplicate shall be retained by the treasurer;

      (3) Shall affix on the face of all paid warrants the date of redemption or, in the case of proper contract between the treasurer and a qualified public depositary, the treasurer may consider the date affixed by the financial institution as the date of redemption;

      (4) Shall endorse, before the date of issue by the county or by any taxing district for whom the county treasurer acts as treasurer, on the face of all warrants for which there are not sufficient funds for payment, "interest bearing warrant." When there are funds to redeem outstanding warrants, the county treasurer shall give notice:

      (a) By publication in a legal newspaper published or circulated in the county; or

      (b) By posting at three public places in the county if there is no such newspaper; or

      (c) By notification to the financial institution holding the warrant;

      (5) Shall pay interest on all interest-bearing warrants from the date of issue to the date of notification;

      (6) Shall maintain financial records reflecting receipts and disbursement by fund in accordance with generally accepted accounting principles;

      (7) Shall account for and pay all bonded indebtedness for the county and all special districts for which the county treasurer acts as treasurer;

      (8) Shall invest all funds of the county or any special district in the treasurer's custody, not needed for immediate expenditure, in a manner consistent with appropriate statutes. If cash is needed to redeem warrants issued from any fund in the custody of the treasurer, the treasurer shall liquidate investments in an amount sufficient to cover such warrant redemptions; and

      (9) May provide certain collection services for county departments.

      The treasurer, at the expiration of the term of office, shall make a complete settlement with the county legislative authority, and shall deliver to the successor all public money, books, and papers in the treasurer's possession.

      Money received by all entities for whom the county treasurer serves as treasurer must be deposited within twenty-four hours in an account designated by the county treasurer unless a waiver is granted by the county treasurer in accordance with RCW 43.09.240.

      Sec. 3. RCW 63.29.020 and 2004 c 168 s 14 are each amended to read as follows:

      (1) Except as otherwise provided by this chapter, all intangible property, including any income or increment derived therefrom, less any lawful charges, that is held, issued, or owing in the ordinary course of the holder's business and has remained unclaimed by the owner for more than three years after it became payable or distributable is presumed abandoned.

      (2) Property, with the exception of unredeemed Washington state lottery tickets and unpresented winning parimutuel tickets, is payable and distributable for the purpose of this chapter notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment.

      (3) This chapter does not apply to claims drafts issued by insurance companies representing offers to settle claims unliquidated in amount or settled by subsequent drafts or other means.

      (4) This chapter does not apply to property covered by chapter 63.26 RCW.

      (5) This chapter does not apply to used clothing, umbrellas, bags, luggage, or other used personal effects if such property is disposed of by the holder as follows:

      (a) In the case of personal effects of negligible value, the property is destroyed; or

      (b) The property is donated to a bona fide charity.

      (6) This chapter does not apply to a gift certificate subject to the prohibition against expiration dates under RCW 19.240.020 or to a gift certificate subject to RCW 19.240.030 through 19.240.060. However, this chapter applies to gift certificates presumed abandoned under RCW 63.29.110.

      (7) This chapter does not apply to excess proceeds held by counties, cities, towns, and other municipal or quasi-municipal corporations from foreclosures for delinquent property taxes, assessments, or other liens.

      Sec. 4. RCW 63.29.190 and 1993 c 498 s 8 are each amended to read as follows:

      (1) Except as otherwise provided in subsections (2) and (3) of this section, a person who is required to file a report under RCW 63.29.170 shall pay or deliver to the department all abandoned property required to be reported at the time of filing the report.

      (2) Counties, cities, towns, and other municipal and quasi-municipal corporations that hold funds representing warrants canceled pursuant to RCW 36.22.100 and 39.56.040, uncashed checks, ((excess proceeds from property tax and irrigation district foreclosures,)) and property tax overpayments or refunds may retain the funds until the owner notifies them and establishes ownership as provided in RCW 63.29.135. Counties, cities, towns, or other municipal or quasi-municipal corporations shall provide to the department a report of property it is holding pursuant to this section. The report shall identify the property and owner in the manner provided in RCW 63.29.170 and the department shall publish the information as provided in RCW 63.29.180.

      (3) The contents of a safe deposit box or other safekeeping repository presumed abandoned under RCW 63.29.160 and reported under RCW 63.29.170 shall be paid or delivered to the department within six months after the final date for filing the report required by RCW 63.29.170.

       If the owner establishes the right to receive the abandoned property to the satisfaction of the holder before the property has been delivered or it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property to the department, and the property will no longer be presumed abandoned. In that case, the holder shall file with the department a verified written explanation of the proof of claim or of the error in the presumption of abandonment.

      (4) The holder of an interest under RCW 63.29.100 shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership to the department. Upon delivery of a duplicate certificate to the department, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability of every kind in accordance with RCW 63.29.200 to every person, including any person acquiring the original certificate or the duplicate of the certificate issued to the department, for any losses or damages resulting to any person by the issuance and delivery to the department of the duplicate certificate.

      Sec. 5. RCW 82.02.020 and 1997 c 452 s 21 are each amended to read as follows:

      Except only as expressly provided in chapters 67.28 and 82.14 RCW, the state preempts the field of imposing taxes upon retail sales of tangible personal property, the use of tangible personal property, parimutuel wagering authorized pursuant to RCW 67.16.060, conveyances, and cigarettes, and no county, town, or other municipal subdivision shall have the right to impose taxes of that nature. Except as provided in RCW 82.02.050 through 82.02.090, no county, city, town, or other municipal corporation shall impose any tax, fee, or charge, either direct or indirect, on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building or building space or appurtenance thereto, or on the development, subdivision, classification, or reclassification of land. However, this section does not preclude dedications of land or easements within the proposed development or plat which the county, city, town, or other municipal corporation can demonstrate are reasonably necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply.

      This section does not prohibit voluntary agreements with counties, cities, towns, or other municipal corporations that allow a payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat. A local government shall not use such voluntary agreements for local off-site transportation improvements within the geographic boundaries of the area or areas covered by an adopted transportation program authorized by chapter 39.92 RCW. Any such voluntary agreement is subject to the following provisions:

      (1) The payment shall be held in a reserve account and may only be expended to fund a capital improvement agreed upon by the parties to mitigate the identified, direct impact;

      (2) The payment shall be expended in all cases within five years of collection; and

      (3) Any payment not so expended shall be refunded with interest to be calculated from the original date the deposit was received by the county and at the same rate applied to ((judgments to the property owners of record at the time of the refund)) tax refunds pursuant to RCW 84.69.100; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest.

      No county, city, town, or other municipal corporation shall require any payment as part of such a voluntary agreement which the county, city, town, or other municipal corporation cannot establish is reasonably necessary as a direct result of the proposed development or plat.

      Nothing in this section prohibits cities, towns, counties, or other municipal corporations from collecting reasonable fees from an applicant for a permit or other governmental approval to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW.

      This section does not limit the existing authority of any county, city, town, or other municipal corporation to impose special assessments on property specifically benefitted thereby in the manner prescribed by law.

      Nothing in this section prohibits counties, cities, or towns from imposing or permits counties, cities, or towns to impose water, sewer, natural gas, drainage utility, and drainage system charges: PROVIDED, That no such charge shall exceed the proportionate share of such utility or system's capital costs which the county, city, or town can demonstrate are attributable to the property being charged: PROVIDED FURTHER, That these provisions shall not be interpreted to expand or contract any existing authority of counties, cities, or towns to impose such charges.

      Nothing in this section prohibits a transportation benefit district from imposing fees or charges authorized in RCW 36.73.120 nor prohibits the legislative authority of a county, city, or town from approving the imposition of such fees within a transportation benefit district.

      Nothing in this section prohibits counties, cities, or towns from imposing transportation impact fees authorized pursuant to chapter 39.92 RCW.

      Nothing in this section prohibits counties, cities, or towns from requiring property owners to provide relocation assistance to tenants under RCW 59.18.440 and 59.18.450.

      This section does not apply to special purpose districts formed and acting pursuant to Titles 54, 57, or 87 RCW, nor is the authority conferred by these titles affected.

      NEW SECTION. Sec. 6. A new section is added to chapter 84.56 RCW to read as follows:

      Every person who offers a document to the auditor of the proper county for recording that results in any division, alteration, or adjustment of real property boundary lines, except as provided for in RCW 58.04.007(1) and 84.40.042(1)(c), shall present a certificate of payment from the proper officer who is in charge of the collection of taxes and assessments for the affected property or properties. All taxes and assessments, both current and delinquent must be paid. For purposes of this act, liability shall begin on January 1st. Taxes not yet levied and certified shall be collected as an advance tax under RCW 58.08.040.

      Sec. 7. RCW 84.56.020 and 2004 c 161 s 6 are each amended to read as follows:

      (1) The county treasurer shall be the receiver and collector of all taxes extended upon the tax rolls of the county, whether levied for state, county, school, bridge, road, municipal or other purposes, and also of all fines, forfeitures or penalties received by any person or officer for the use of his or her county. All taxes upon real and personal property made payable by the provisions of this title shall be due and payable to the treasurer on or before the thirtieth day of April and, except as provided in this section, shall be delinquent after that date.

      (2) Each tax statement shall include a notice that checks for payment of taxes may be made payable to "Treasurer of . . . . . . County" or other appropriate office, but tax statements shall not include any suggestion that checks may be made payable to the name of the individual holding the office of treasurer nor any other individual.

      (3) When the total amount of tax or special assessments on personal property or on any lot, block or tract of real property payable by one person is fifty dollars or more, and if one-half of such tax be paid on or before the thirtieth day of April, the remainder of such tax shall be due and payable on or before the thirty-first day of October following and shall be delinquent after that date.

      (4) When the total amount of tax or special assessments on any lot, block or tract of real property or on any mobile home payable by one person is fifty dollars or more, and if one-half of such tax be paid after the thirtieth day of April but before the thirty-first day of October, together with the applicable interest and penalty on the full amount of tax payable for that year, the remainder of such tax shall be due and payable on or before the thirty-first day of October following and shall be delinquent after that date.

      (5) Delinquent taxes under this section are subject to interest at the rate of twelve percent per annum computed on a monthly basis on the full year amount of tax unpaid from the date of delinquency until paid. Interest shall be calculated at the rate in effect at the time of payment of the tax, regardless of when the taxes were first delinquent. In addition, delinquent taxes under this section are subject to penalties as follows:

      (a) A penalty of three percent of the full year amount of tax unpaid shall be assessed on the tax delinquent on June 1st of the year in which the tax is due.

      (b) An additional penalty of eight percent shall be assessed on the amount of tax delinquent on December 1st of the year in which the tax is due.

      (6) Subsection (5) of this section notwithstanding, no interest or penalties may be assessed ((for the period April 30, 2003, through April 30, 2005,)) during any period of armed conflict on delinquent taxes imposed ((for collection in 2003 or 2004 which are imposed)) on the personal residences owned by active duty military personnel who ((participated in the situation known as "Operation Enduring Freedom.")) are participating as part of one of the branches of the military involved in the conflict and assigned to a duty station outside the territorial boundaries of the United States.

      (7) For purposes of this chapter, "interest" means both interest and penalties.

      (8) All collections of interest on delinquent taxes shall be credited to the county current expense fund; but the cost of foreclosure and sale of real property, and the fees and costs of distraint and sale of personal property, for delinquent taxes, shall, when collected, be credited to the operation and maintenance fund of the county treasurer prosecuting the foreclosure or distraint or sale; and shall be used by the county treasurer as a revolving fund to defray the cost of further foreclosure, distraint and sale for delinquent taxes without regard to budget limitations.

      Sec. 8. RCW 84.56.310 and 1961 c 15 s 84.56.310 are each amended to read as follows:

      Any person being the owner or having an interest in an estate or claim to real property against which taxes ((shall have been unpaid)) have not been paid may pay the same and satisfy the lien at any time before ((execution of a deed to said)) the filing of a certificate of delinquency against the real property. The person or authority who shall collect or receive the same shall give a certificate that such taxes have been so paid to the person or persons entitled to demand such certificate. After the filing of a certificate of delinquency, the redemption rights shall be controlled by RCW 84.64.060.

      Sec. 9. RCW 84.69.020 and 2002 c 168 s 11 are each amended to read as follows:

      On the order of the county treasurer, ad valorem taxes paid before or after delinquency shall be refunded if they were:

      (1) Paid more than once;

      (2) Paid as a result of manifest error in description;

      (3) Paid as a result of a clerical error in extending the tax rolls;

      (4) Paid as a result of other clerical errors in listing property;

      (5) Paid with respect to improvements which did not exist on assessment date;

      (6) Paid under levies or statutes adjudicated to be illegal or unconstitutional;

      (7) Paid as a result of mistake, inadvertence, or lack of knowledge by any person exempted from paying real property taxes or a portion thereof pursuant to RCW 84.36.381 through 84.36.389, as now or hereafter amended;

      (8) Paid as a result of mistake, inadvertence, or lack of knowledge by either a public official or employee or by any person with respect to real property in which the person paying the same has no legal interest;

      (9) Paid on the basis of an assessed valuation which was appealed to the county board of equalization and ordered reduced by the board;

      (10) Paid on the basis of an assessed valuation which was appealed to the state board of tax appeals and ordered reduced by the board: PROVIDED, That the amount refunded under subsections (9) and (10) of this section shall only be for the difference between the tax paid on the basis of the appealed valuation and the tax payable on the valuation adjusted in accordance with the board's order;

      (11) Paid as a state property tax levied upon property, the assessed value of which has been established by the state board of tax appeals for the year of such levy: PROVIDED, HOWEVER, That the amount refunded shall only be for the difference between the state property tax paid and the amount of state property tax which would, when added to all other property taxes within the one percent limitation of Article VII, section 2 of the state Constitution equal one percent of the assessed value established by the board;

      (12) Paid on the basis of an assessed valuation which was adjudicated to be unlawful or excessive: PROVIDED, That the amount refunded shall be for the difference between the amount of tax which was paid on the basis of the valuation adjudged unlawful or excessive and the amount of tax payable on the basis of the assessed valuation determined as a result of the proceeding;

      (13) Paid on property acquired under RCW 84.60.050, and canceled under RCW 84.60.050(2);

      (14) Paid on the basis of an assessed valuation that was reduced under RCW 84.48.065;

      (15) Paid on the basis of an assessed valuation that was reduced under RCW 84.40.039; or

      (16) Abated under RCW 84.70.010.

      No refunds under the provisions of this section shall be made because of any error in determining the valuation of property, except as authorized in subsections (9), (10), (11), and (12) of this section nor may any refunds be made if a bona fide purchaser has acquired rights that would preclude the assessment and collection of the refunded tax from the property that should properly have been charged with the tax. Any refunds made on delinquent taxes shall include the proportionate amount of interest and penalties paid. However, no refunds as a result of an incorrect payment authorized under subsection (8) of this section made by a third party payee shall ((not include refund interest)) be granted. The county treasurer may deduct from moneys collected for the benefit of the state's levy, refunds of the state levy including interest on the levy as provided by this section and chapter 84.68 RCW.

      The county treasurer of each county shall make all refunds determined to be authorized by this section, and by the first Monday in February of each year, report to the county legislative authority a list of all refunds made under this section during the previous year. The list is to include the name of the person receiving the refund, the amount of the refund, and the reason for the refund.

      NEW SECTION. Sec. 10. Section 7 of this act applies to all taxes levied for collection in 2005 and thereafter.

      NEW SECTION. Sec. 11. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Government Operations & Elections to Substitute House Bill No. 1158.

      The motion by Senator Kastama 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 "changes;" strike the remainder of the title and insert "amending RCW 1.12.070, 36.29.010, 63.29.020, 63.29.190, 82.02.020, 84.56.020, 84.56.310, and 84.69.020; adding a new section to chapter 84.56 RCW; creating a new section; and declaring an emergency."

MOTION

      On motion of Senator Kastama, the rules were suspended, Substitute House Bill No. 1158, 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 Kastama and Roach 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. 1158, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1158, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Fairley, Honeyford, Kline, Oke and Parlette - 5

      SUBSTITUTE HOUSE BILL NO. 1158, 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

      SECOND SUBSTITUTE HOUSE BILL NO. 1970, by House Committee on Appropriations (originally sponsored by Representatives P. Sullivan, Springer, Miloscia, Upthegrove, Morrell, Haigh, O'Brien, Linville and Takko)

      Improving government management, accountability, and performance.

      The measure was read the second time.

MOTION

      Senator Kastama moved that the following committee striking amendment by the Committee on Government Operations & Elections be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that:

      (1) Citizens demand and deserve accountability of public programs and activities. Public programs must continuously improve accountability and performance reporting in order to increase public trust.

      (2) Washington state government agencies must continuously improve their management and performance so citizens receive maximum value for their tax dollars.

      (3) The application of best practices in performance management has improved results and accountability in many Washington state agencies and other jurisdictions.

      (4) All Washington state agencies must develop a performance-based culture that can better demonstrate accountability and achievement.

      NEW SECTION. Sec. 2. A new section is added to chapter 43.17 RCW to read as follows:

      As used in sections 3 and 4 of this act:

      (1) "State agency" or "agency" means a state agency, department, office, officer, board, commission, bureau, division, institution, or institution of higher education, and all offices of executive branch state government-elected officials, except agricultural commissions under Title 15 RCW.

      (2) "Quality management, accountability, and performance system" means a nationally recognized integrated, interdisciplinary system of measures, tools, and reports used to improve the performance of a work unit or organization.

      NEW SECTION. Sec. 3. A new section is added to chapter 43.17 RCW to read as follows:

      (1) Each state agency shall, within available funds, develop and implement a quality management, accountability, and performance system to improve the public services it provides.

      (2) Each agency shall ensure that managers and staff at all levels, including those who directly deliver services, are engaged in the system and shall provide managers and staff with the training necessary for successful implementation.

      (3) Each agency shall, within available funds, ensure that its quality management, accountability, and performance system:

      (a) Uses strategic business planning to establish goals, objectives, and activities consistent with the priorities of government, as provided in statute;

      (b) Engages stakeholders and customers in establishing service requirements and improving service delivery systems;

      (c) Includes clear, relevant, and easy-to-understand measures for each activity;

      (d) Gathers, monitors, and analyzes activity data;

      (e) Uses the data to evaluate the effectiveness of programs to manage process performance, improve efficiency, and reduce costs;

      (f) Establishes performance goals and expectations for employees that reflect the organization's objectives; and provides for regular assessments of employee performance;

      (g) Uses activity measures to report progress toward agency objectives to the agency director at least quarterly;

      (h) Where performance is not meeting intended objectives, holds regular problem-solving sessions to develop and implement a plan for addressing gaps; and

      (i) Allocates resources based on strategies to improve performance.

      (4) Each agency shall conduct a yearly assessment of its quality management, accountability, and performance system.

      (5) State agencies whose chief executives are appointed by the governor shall report to the governor on agency performance at least quarterly. The reports shall be included on the agencies', the governor's, and the office of financial management's web sites.

      (6) The governor shall report annually to citizens on the performance of state agency programs. The governor's report shall include:

      (a) Progress made toward the priorities of government as a result of agency activities; and

      (b) Improvements in agency quality management systems, fiscal efficiency, process efficiency, asset management, personnel management, statutory and regulatory compliance, and management of technology systems.

      (7) Each state agency shall integrate efforts made under this section with other management, accountability, and performance systems undertaken under executive order or other authority.

      NEW SECTION. Sec. 4. A new section is added to chapter 43.17 RCW to read as follows:

      Starting no later than 2008, and at least once every three years thereafter, each agency shall apply to the Washington state quality award, or similar organization, for an independent assessment of its quality management, accountability, and performance system. The assessment shall evaluate the effectiveness of all elements of its management, accountability, and performance system, including: Leadership, strategic planning, customer focus, analysis and information, employee performance management, and process improvement. The purpose of the assessment is to recognize best practice and identify improvement opportunities.

      NEW SECTION. Sec. 5. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2005, in the omnibus appropriations act, this act is null and void."

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Government Operations & Elections to Second Substitute House Bill No. 1970.

      The motion by Senator Kastama 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 "performance;" strike the remainder of the title and insert "adding new sections to chapter 43.17 RCW; and creating new sections."

MOTION

      On motion of Senator Kastama, the rules were suspended, Second Substitute House Bill No. 1970, 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 Kastama and Roach spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1970, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1970, as amended by the Senate 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, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Excused: Senators Fairley, Kline and Oke - 3

      SECOND SUBSTITUTE HOUSE BILL NO. 1970, 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.

MOTION

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

MESSAGE FROM THE HOUSE

April 11, 2005

MR. PRESIDENT:

The House has passed the following bill{s}:

      SUBSTITUTE SENATE BILL NO. 5463,

      SUBSTITUTE SENATE BILL NO. 5552,

      SENATE BILL NO. 5582,

      SUBSTITUTE SENATE BILL NO. 5644,

      SENATE BILL NO. 5926,

      SUBSTITUTE SENATE BILL NO. 5953,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

      SUBSTITUTE SENATE BILL NO. 5463,

      SUBSTITUTE SENATE BILL NO. 5552

      SENATE BILL NO. 5582,

      SUBSTITUTE SENATE BILL NO. 5644,

      SENATE BILL NO. 5926,

      SUBSTITUTE SENATE BILL NO. 5953.

MOTION

At 4:51 p.m., on motion of Senator Eide, the Senate was declared to be at recess until 6:30 p.m.

EVENING SESSION

      The Senate was called to order at 6:32 p.m. by President Owen.

MOTION

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

SECOND READING

      HOUSE BILL NO. 1338, by Representatives O'Brien, Pearson, Darneille, Simpson and Ormsby

      Adding kidnapping to the statewide registered sex offender web site.

      The measure was read the second time.

MOTION

      On motion of Senator Regala, the rules were suspended, House Bill No. 1338 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Regala spoke in favor of passage of the bill.

MOTIONS

On motion of Senator Hewitt, Senators Zarelli, McCaslin and Deccio were excused.

On motion of Senator Mulliken, Senators Parlette, Pflug, Stevens and Roach were excused.

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

      The President declared the question before the Senate to be the final passage of House Bill No. 1338.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1338 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

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

      Absent: Senator Haugen - 1

      Excused: Senators Deccio, McCaslin, Oke and Zarelli - 4

      HOUSE BILL NO. 1338, 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. 1386, by Representatives Takko, Haler, Haigh, Ericks, Hankins, McCoy and Chase

      Increasing the surcharge for the preservation of historical documents.

      The measure was read the second time.

MOTION

      Senator Kastama moved that the following committee striking amendment by the Committee on Government Operations & Elections be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 36.22.170 and 1993 c 37 s 1 are each amended to read as follows:

      (1)(a) Except as provided in (b) of this subsection, a surcharge of ((two)) five dollars per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge authorized by law. ((Fifty percent)) One dollar of the surcharge shall be deposited in the county general fund to be used at the discretion of the county commissioners to promote historical preservation or historical programs, which may include preservation of historic documents.

      (b) A surcharge of two dollars per instrument shall be charged by the county auditor for each document presented for recording by the employment security department, which will be in addition to any other charge authorized by law.

      (2) Of the remaining revenue generated through ((this)) the surcharges under subsection (1) of this section: (a) Fifty percent shall be transmitted monthly to the state treasurer who shall distribute such funds to each county treasurer within the state in July of each year in accordance with the formula described in RCW 36.22.190. The county treasurer shall place the funds received in a special account titled the auditor's centennial document preservation and modernization account to be used solely for ongoing preservation of historical documents of all county offices and departments and shall not be added to the county current expense fund((.)); and

      (b) Fifty percent ((of the revenue generated by this surcharge)) shall be retained by the county and deposited in the auditor's operation and maintenance fund for ongoing preservation of historical documents of all county offices and departments.

      (3) The centennial document preservation and modernization account is hereby created in the custody of the state treasurer and shall be classified as a treasury trust account. State distributions from the centennial document preservation and modernization account shall be made without appropriation."

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Government Operations & Elections to House Bill No. 1386.

      The motion by Senator Kastama 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 "documents;" strike the remainder of the title and insert "and amending RCW 36.22.170."

MOTION

      On motion of Senator Kastama, the rules were suspended, House Bill No. 1386, 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 Kastama, Fraser, Pridemore and Shin spoke in favor of passage of the bill.

      Senator Roach spoke against passage of the bill.

MOTIONS

On motion of Senator Thibaudeau, Senator Prentice was excused.

On motion of Senator Hewitt, Senators Honeyford and Parlette were excused.

POINT OF ORDER

Senator Benton: “A couple of previous speakers that have pointed out, I think, a flaw in this bill and that is the $1.00 is at the discretion. I would ask the president for a ruling under Initiative 601 since $1.00 of this bill can be used for the general fund of the county. Wouldn’t this bill be considered a general tax increase and, as such, wouldn’t it require a two-thirds vote of the legislature to pass this measure?”

      Senator Benton spoke on the point of order.

      Senator Kastama spoke against the point of order.

MOTION

On motion of Senator Eide, further consideration of House Bill No. 1386 was deferred and the bill held its place on the second reading calendar.

SECOND READING

      HOUSE BILL NO. 1533, by Representatives Appleton, Bailey, Cody, Morrell, Skinner, Hinkle, Curtis and Campbell

      Revising provisions for inspection of hospitals.

      The measure was read the second time.

MOTION

      Senator Keiser moved that the following committee striking amendment by the Committee on Health & Long-Term Care be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 70.41.120 and 2004 c 261 s 4 are each amended to read as follows:

      The department shall make or cause to be made ((at least yearly)) an inspection of all hospitals on average at least every eighteen months. Every inspection of a hospital may include an inspection of every part of the premises. The department may make an examination of all phases of the hospital operation necessary to determine compliance with the law and the standards, rules and regulations adopted thereunder. Any licensee or applicant desiring to make alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, comply with the regulations prescribed by the department.

      No hospital licensed pursuant to the provisions of this chapter shall be required to be inspected or licensed under other state laws or rules and regulations promulgated thereunder, or local ordinances, relative to hotels, restaurants, lodging houses, boarding houses, places of refreshment, nursing homes, maternity homes, or psychiatric hospitals.

      To avoid unnecessary duplication in inspections, the department shall coordinate with the department of social and health services, the office of the state fire marshal, and local agencies when inspecting facilities over which each agency has jurisdiction, the facilities including but not necessarily being limited to hospitals with both acute care and skilled nursing or psychiatric nursing functions. The department shall notify the office of the state fire marshal and the relevant local agency at least four weeks prior to any inspection conducted under this section and invite their attendance at the inspection, and shall provide a copy of its inspection report to each agency upon completion.

      Sec. 2. RCW 70.41.122 and 1999 c 41 s 1 are each amended to read as follows:

      ((Notwithstanding RCW 70.41.120, a hospital accredited)) Surveys conducted by the joint commission on the accreditation of health care organizations or the American osteopathic association ((is not subject to the annual inspection provided for)) on hospitals accredited by those bodies shall be deemed equivalent to a department survey for purposes of meeting the requirements for the survey specified in RCW 70.41.120 if((:

      (1))) the department determines that the applicable survey standards of the joint commission on the accreditation of health care organizations or the American osteopathic association are substantially equivalent to its own((;

      (2) It has been inspected by the joint commission on the accreditation of health care organizations or the American osteopathic association within the previous twelve months; and

      (3) The department receives directly from the joint commission on the accreditation of health care organizations, the American osteopathic association, or the hospital itself copies of the survey reports prepared by the joint commission on the accreditation of health care organizations or the American osteopathic association demonstrating that the hospital meets applicable standards)).

      (1) Hospitals so surveyed shall provide to the department within thirty days of learning the result of a survey documentary evidence that the hospital has been certified as a result of a survey and the date of the survey.

      (2) Hospitals shall make available to department surveyors the written reports of such surveys during department surveys, upon request."

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

MOTION

Senator Brandland moved that the following amendment by Senators Brandland and Deccio to the committee striking amendment be adopted.

      On page 1, line 7 of the amendment, after "months." insert "However, the department may delay an inspection to twenty-four months if the hospital has had three consecutive inspections with no written notice of violations and has received no written notice of violations resulting from complaint investigations during that same time period. The department may at anytime make an unannounced inspection of a licensed hospital to assure that the licensee is in compliance with this chapter and the rules adopted under this chapter."

      Senators Brandland and Benson spoke in favor of adoption of the amendment to the committee striking amendment.

      Senators Keiser, Prentice and Thibaudeau spoke against adoption of the amendment to the committee striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Brandland and Deccio on page 1, line 7 to the committee striking amendment to House Bill No. 1533.

The motion by Senator Brandland failed and the amendment to the committee striking amendment was not adopted by voice vote.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Health & Long-Term Care to House Bill No. 1533.

      The motion by Senator Keiser 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 "hospitals;" strike the remainder of the title and insert "and amending RCW 70.41.120 and 70.41.122."

MOTION

      On motion of Senator Keiser, the rules were suspended, House Bill No. 1533, 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 Keiser 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. 1533, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1533, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Deccio, Honeyford, McCaslin, Oke and Parlette - 5

      HOUSE BILL NO. 1533, 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.

      The Senate resumed consideration of House Bill No. 1386 which had been deferred on third reading earlier in the day.

RULING BY THE PRESIDENT

      President Owen: “In ruling upon the point of inquiry raised by Senator Benton that House Bill 1386 takes a two-thirds vote on final passage under statutes enacted by Initiative Number 601 because it imposes a tax, the President finds and rules as follows:

      The underlying measure authorizes a surcharge to be imposed at the county level, and no portion of this surcharge is paid to the state. Because this is a local fee, passage by this body is not an action which raises state revenue. For this reason, Senator Benton’s point is not well-taken and only a simple majority vote of this body is needed for final passage of this measure.”

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1386, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 28; Nays, 16; Absent, 0; Excused, 5.

      Voting yea: Senators Berkey, Brown, Delvin, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 28

      Voting nay: Senators Benson, Benton, Brandland, Carrell, Esser, Finkbeiner, Hewitt, Johnson, Morton, Mulliken, Pflug, Roach, Schoesler, Sheldon, Stevens and Zarelli - 16

      Excused: Senators Deccio, Honeyford, McCaslin, Oke and Parlette - 5

      HOUSE BILL NO. 1386, 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. 2282, by Representatives Sommers, O'Brien, Haler and Skinner

      Addressing the costs of transporting offender property.

      The measure was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, House Bill No. 2282 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 declared the question before the Senate to be the final passage of House Bill No. 2282.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2282 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Deccio, Honeyford, McCaslin, Oke and Parlette - 5

      HOUSE BILL NO. 2282, 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. 2058, by Representatives Quall, Talcott, P. Sullivan, Anderson, Appleton, O'Brien, Lovick, Darneille, Haigh, Holmquist and Ericks

      Regarding notice requirements for school employees convicted of sexual offenses.

      The measure was read the second time.

MOTION

      On motion of Senator McAuliffe, the rules were suspended, House Bill No. 2058 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe and Schmidt 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. 2058.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2058 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Deccio, Honeyford, McCaslin, Oke and Parlette - 5

      HOUSE BILL NO. 2058, 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

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

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

April 25, 2005

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

CHRIS LIU, appointed April 25, 2005, for the term ending at the governor's pleasure, as a Director of the Lottery Commission.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Labor, Commerce, Research & Development.

March 22, 2005

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

EVA SANTOS, appointed March 28, 2005, for the term ending at the governor's pleasure, as a Director of the Department of Personnel.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Labor, Commerce, Research & Development.

MOTION

On motion of Senator Eide, all appointees listed on the Gubernatorial Appointments report were referred to the committees as designated.

MOTION

At 7:21 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 8:13 p.m. by President Owen.

MOTION

      On motion of Senator Eide, the Senate advanced to the fourth order of business.

MESSAGES FROM THE HOUSE

April 12, 2005

MR. PRESIDENT:

The Speaker has signed:

      SUBSTITUTE SENATE BILL NO. 5207,

      SENATE BILL NO. 5267,

      SUBSTITUTE SENATE BILL NO. 5289,

      SUBSTITUTE SENATE BILL NO. 5317,

      ENGROSSED SENATE BILL NO. 5332,

      SENATE BILL NO. 5354,

      SENATE BILL NO. 5453,

      SUBSTITUTE SENATE BILL NO. 5471,

      SUBSTITUTE SENATE BILL NO. 5479,

      SUBSTITUTE SENATE BILL NO. 5497,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

April 12, 2005

MR. PRESIDENT:

The Speaker has signed:

      SENATE BILL NO. 5136,

      SENATE BILL NO. 5142,

      SUBSTITUTE SENATE BILL NO. 5146,

      SECOND SUBSTITUTE SENATE BILL NO. 5154,

      SUBSTITUTE SENATE BILL NO. 5161,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5173,

      SENATE BILL NO. 5175,

      SUBSTITUTE SENATE BILL NO. 5176,

      SENATE BILL NO. 5180,

      SENATE BILL NO. 5181,

      ENGROSSED SENATE BILL NO. 5194,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

April 12, 2005

MR. PRESIDENT:

The Speaker has signed:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5002,

      SENATE BILL NO. 5006,

      SENATE BILL NO. 5044,

      ENGROSSED SENATE BILL NO. 5045,

      SENATE BILL NO. 5046,

      SENATE BILL NO. 5053,

      SUBSTITUTE SENATE BILL NO. 5065,

      ENGROSSED SENATE BILL NO. 5087,

      SUBSTITUTE SENATE BILL NO. 5092,

      SUBSTITUTE SENATE BILL NO. 5105,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

April 12, 2005

MR. PRESIDENT:

The Speaker has signed:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5506,

      SENATE BILL NO. 5563,

      SUBSTITUTE SENATE BILL NO. 5584,

      SENATE BILL NO. 5589,

      SUBSTITUTE SENATE BILL NO. 5676,

      SENATE BILL NO. 5701,

      SUBSTITUTE SENATE BILL NO. 5709,

      SENATE BILL NO. 5713,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5736,

      SUBSTITUTE SENATE BILL NO. 5765,

      SUBSTITUTE SENATE BILL NO. 5775,

and the same are herewith transmitted.