FIFTY NINTH LEGISLATURE - REGULAR SESSION

FIFTY FIFTH DAY

House Chamber, Olympia, Saturday, March 4, 2006

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

       The flags was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Rachael Lee and Cassie Hollowell. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Pastor Jim Dunson, Centralia First Presbyterian Church.

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

{{43608}}       The Speaker (Representative Lovick presiding) called upon Representative Linville to preside.

{{43609}}                 MESSAGES FROM THE SENATE

March 3, 2006

Mr. Speaker:

       The Senate has passed:

ENGROSSED HOUSE BILL NO. 1069,

SECOND SUBSTITUTE HOUSE BILL NO. 1384,

SUBSTITUTE HOUSE BILL NO. 2033,

HOUSE BILL NO. 2681,

HOUSE BILL NO. 2704,

{{43615}}and the same are herewith transmitted.

Thomas Hoemann, Secretary

March 3, 2006

Mr. Speaker:

       The Senate has passed:

FOURTH SUBSTITUTE HOUSE BILL NO. 1483,

HOUSE BILL NO. 1966,

SECOND SUBSTITUTE HOUSE BILL NO. 2342,

HOUSE BILL NO. 2386,

SUBSTITUTE HOUSE BILL NO. 2426,

SUBSTITUTE HOUSE BILL NO. 2446,

HOUSE BILL NO. 2477,

HOUSE BILL NO. 2501,

SUBSTITUTE HOUSE BILL NO. 2537,

SUBSTITUTE HOUSE BILL NO. 2654,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2848,

SUBSTITUTE HOUSE BILL NO. 2867,

SUBSTITUTE HOUSE BILL NO. 2958,

HOUSE BILL NO. 3041,

HOUSE BILL NO. 3048,

SUBSTITUTE HOUSE BILL NO. 3113,

HOUSE BILL NO. 3205,

and the same are herewith transmitted.

Thomas Hoemann, Secretary

March 3, 2006

Mr. Speaker:

       The President has signed SECOND SUBSTITUTE HOUSE BILL NO. 2292, {{43651}}and the same is herewith transmitted.

Thomas Hoemann, Secretary

March 3, 2006

Mr. Speaker:

       The President has signed:

THIRD SUBSTITUTE HOUSE BILL NO. 1458,

HOUSE BILL NO. 2338,

ENGROSSED HOUSE BILL NO. 2340,

SUBSTITUTE HOUSE BILL NO. 2344,

HOUSE BILL NO. 2367,

SUBSTITUTE HOUSE BILL NO. 2372,

SUBSTITUTE HOUSE BILL NO. 2376,

HOUSE BILL NO. 2406,

HOUSE BILL NO. 2454,

SUBSTITUTE HOUSE BILL NO. 2538,

SUBSTITUTE HOUSE BILL NO. 2608,

HOUSE BILL NO. 2676,

SUBSTITUTE HOUSE BILL NO. 2684,

{{43666}}and the same are herewith transmitted.

Thomas Hoemann, Secretary

March 3, 2006

Mr. Speaker:

       The President has signed:

SUBSTITUTE HOUSE BILL NO. 2759,

SUBSTITUTE HOUSE BILL NO. 2776,

HOUSE BILL NO. 2829,

HOUSE BILL NO. 2897,

ENGROSSED HOUSE BILL NO. 2910,

HOUSE BILL NO. 3019,

SUBSTITUTE HOUSE BILL NO. 3024,

SUBSTITUTE HOUSE BILL NO. 3150,

SUBSTITUTE HOUSE BILL NO. 3190,

HOUSE BILL NO. 3266,

HOUSE JOINT MEMORIAL NO. 4038,

and the same are herewith transmitted.

Thomas Hoemann, Secretary

March 3, 2006

Mr. Speaker:

       The Senate concurred in the House amendment to ENGROSSED SUBSTITUTE SENATE BILL NO. 6885, and passed the bills as amended by the House.

Thomas Hoemann, Secretary

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

SECOND READING

{{42986}}       SUBSTITUTE SENATE BILL NO. 6141, By Senate Committee on Water, Energy & Environment (originally sponsored by Senator Honeyford)

       Including the value of wind turbine facilities in the property tax levy limit calculation.

       The bill was read the second time.

{{42987}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Hunter and Orcutt spoke in favor of passage of the bill.

       The Speaker (Representative Linville presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6141.

MOTIONS

       On motion of Representative Santos, Representative Schual-Berke was excused. On motion of Representative Serben, Representative Campbell was excused.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute Senate Bill No. 6141 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Excused - 2.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 96.

       Excused: Representatives Campbell and Schual-Berke - 2.

       SUBSTITUTE SENATE BILL NO. 6141, having received the necessary constitutional majority, was declared passed.

{{42988}}       ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6175, By Senate Committee on Ways & Means (originally sponsored by Senator Jacobsen; by request of Department of Natural Resources)

       Concerning the regulation of surface mining.

       The bill was read the second time.

       There being no objection, the committee amendment by the Committee on Appropriations was not adopted. (For Committee amendment, see Journal, 50^th Day, February 27, 2006.)

       With the consent of the House, amendment (1106) was withdrawn.

       Representative B. Sullivan moved the adoption of amendment (1096):

        Strike everything after the enacting clause and insert the following:

        "Sec. 1. RCW 78.44.085 and 2001 1st sp.s. c 5 s 1 are each amended to read as follows:

        (1) An applicant for ((a)) an expansion of a permitted surface mine, a new reclamation permit under RCW 78.44.081, or for combining existing public or private reclamation permits, shall pay a nonrefundable application fee to the department before being granted ((a surface mining)) the requested permit or permit expansion. The amount of the application fee shall be ((one)) two thousand five hundred dollars.

        (2) Permit holders submitting a revision to an application for an existing reclamation plan that is not an expansion shall pay a nonrefundable reclamation plan revision fee of one thousand dollars.

        (3) After June 30, ((2001)) 2006, each public or private permit holder shall pay an annual permit fee ((of one thousand dollars)) in an amount pursuant to this section. The annual permit fee shall be payable to the department prior to the reclamation permit being issued and on the ((first)) anniversary of the permit date ((and)) each year thereafter.

(4)(a) Except as otherwise provided in this subsection, each public or private permit holder must pay an annual fee under this section based on the categories of aggregate or mineral mined or extracted during the previous twelve months, as follows:

        (i) Zero to fifty thousand tons: A fee of one thousand two hundred fifty dollars;

        (ii) More than fifty thousand tons to three hundred fifty thousand tons: A fee of two thousand five hundred dollars;

        (iii) More than three hundred fifty thousand tons: A fee of three thousand five hundred dollars.

        (b) Annual fees paid by a county for mines used exclusively for public works projects and having less than seven acres of disturbed area per mine shall not exceed one thousand dollars.

(c) Annual fees are waived for all mines used primarily for public works projects if the mines are owned and primarily operated by counties with 1993 populations of less than twenty thousand persons, and if each mine has less than seven acres of disturbed area.

        (((3))) (5) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to the department are to be held as confidential and not released as part of a public records request under chapter 42.56 RCW.

        (6) Appeals from any determination of the department shall not stay the requirement to pay any annual permit fee. Failure to pay the annual fees may constitute grounds for an order to suspend surface mining, pay fines, or ((cancellation of)) cancel the reclamation permit as provided in this chapter.

        (((4))) (7) All fees collected by the department shall be deposited into the surface mining reclamation account created in RCW 78.44.045.

        (((5))) (8) If the department delegates enforcement responsibilities to a county, city, or town, the department may allocate funds collected under this section to the county, city, or town.

        (((6))) (9) Within sixty days after receipt of ((a permit application)) an application for a new or expanded permit, the department shall advise applicants of any information necessary to successfully complete the application.

(10) In addition to other enforcement authority, the department may refer matters to a collection agency licensed under chapter 19.16 RCW when permit fees or fines are past due. The collection agency may impose its own fees for collecting delinquent permit fees or fines.

        Sec. 2. RCW 78.44.045 and 1993 c 518 s 10 are each amended to read as follows:

(1) The surface mining reclamation account is created in the state treasury. Annual mining fees, funds received by the department from state, local, or federal agencies for research purposes, as well as other mine-related funds and fines received by the department shall be deposited into this account. Except as otherwise provided in this section, the surface mine reclamation account may be used by the department only to:

        (((1))) (a) Administer its regulatory program pursuant to this chapter;

        (((2))) (b) Undertake research relating to surface mine regulation, reclamation of surface mine lands, and related issues; and

        (((3))) (c) Cover costs arising from appeals from determinations made under this chapter.

(2) At the end of each fiscal biennium, any money collected from fees charged under RCW 78.44.085 that was not used for the administration and enforcement of surface mining regulation under this chapter must be used by the department for surveying and mapping sand and gravel sites in the state.

        (3) Fines, interest, and other penalties collected by the department under the provisions of this chapter shall be used to reclaim surface mines abandoned prior to 1971.

        Sec. 3. RCW 78.44.087 and 1997 c 186 s 1 are each amended to read as follows:

        (1) The department should ensure that a sufficient performance security is available to reclaim each surface mine permitted under this chapter. To ensure sufficient funds are available:

        (a) The department shall not issue a reclamation permit, except to public or governmental agencies, until the applicant has either deposited with the department an acceptable performance security on forms prescribed ((and furnished)) by the department that is deemed adequate by the department to cover reclamation costs or has complied with the blanket performance security option in section 4 of this act. A public or governmental agency shall not be required to post performance security.

(b) No person may create a disturbed area that meets or exceeds the minimum threshold for a reclamation permit without first submitting an adequate and acceptable performance security to the department and complying with all requirements of this chapter.

        (2) ((This performance security may be)) The department may refuse to accept any performance security that the department, for any reason, deems to be inadequate to cover reclamation costs or is not in a form that is acceptable to the department.

        (3) Acceptable forms of performance security are:

        (a) Bank letters of credit acceptable to the department or irrevocable bank letters of credit from a bank or financial institution or organization authorized to transact business in the United States;

        (b) A cash deposit;

        (c) ((Negotiable)) Other forms of performance securities acceptable to the department as determined by rule;

        (d) An assignment of a savings account;

        (e) A savings certificate in a Washington bank on an assignment form prescribed by the department;

        (f) ((Assignments of interests in real property within the state of Washington)) Approved participants in a state security pool if one is established; or

        (g) A corporate surety bond executed in favor of the department by a corporation authorized to do business in the state of Washington under Title 48 RCW and authorized by the department.

        (((3))) (4) The performance security shall be conditioned upon the faithful performance of the requirements set forth in this chapter ((and of)), the rules adopted under it, and the reclamation permit.

        (((4))) (5)(a) The department ((shall have the authority to determine the amount of the performance security using a standardized performance security formula developed by the department. The amount of the security shall be determined by the department and based on the estimated costs of completing reclamation according to the approved reclamation plan or minimum standards and related administrative overhead for the area to be surface mined during (a) the next twelve-month period, (b) the following twenty-four months, and (c) any previously disturbed areas on which the reclamation has not been satisfactorily completed and approved)) must determine the amount of the performance security as prescribed by this subsection.

        (b) The department may determine the amount of the performance security based on the estimated cost of: (i) Completing reclamation according to the requirements of this chapter; or (ii) the reclamation permit for the area to be surface mined during the upcoming thirty-six months and any previously disturbed areas that have not been reclaimed.

        (c) The department may determine the amount of the performance security based on an engineering cost estimate for reclamation that is provided by the permit holder. The engineering cost estimate must be prepared using engineering principles and methods that are acceptable to the department. If the department does not approve the engineering cost estimate, the department shall determine the amount of the performance security using a standardized performance security formula developed by the department by rule.

        (((5))) (6) The department may ((increase or decrease the amount of the performance security at any time to compensate for a change in the disturbed area, the depth of excavation, a modification of the reclamation plan, or any other alteration in the conditions of the mine that affects the cost of reclamation. The department may, for any reason, refuse any performance security not deemed adequate)) recalculate a surface mine's performance security based on subsection (5) of this section. When the department recalculates a performance security, the new calculation will not be prejudiced by the existence of any previous calculation. A new performance security must be submitted to the department within thirty days of the department's written request.

        (((6))) (7) Liability under the performance security and the permit holder's obligation to maintain the calculated performance security amount shall be maintained until ((reclamation is completed according to the approved reclamation plan to the satisfaction of the department)) the surface mine is reclaimed, unless released as hereinafter provided. Partial drawings will proportionately reduce the value of a performance security but will not extinguish the remaining value. Liability under the performance security may be released only ((upon written notification by the department. Notification shall be given upon completion of compliance or acceptance by the department of a substitute performance security)) when the surface mine is reclaimed as evidenced by the department in writing or after the department receives and approves a substitute performance security. The department will notify the permit holder, and surety if applicable, when reclamation is accepted by the department as complete or upon the department's acceptance of an alternate security. The liability of the surety shall not exceed the amount of security required by this section and the department's reasonable legal fees to recover the security.

        (((7))) (8) Any interest or appreciation on the performance security shall be held by the department until ((reclamation is completed to its satisfaction. At such time, the interest shall be remitted to the permit holder; except that such interest or appreciation may be used by the department to effect reclamation in the event that the permit holder fails to comply with the provisions of this chapter and the costs of reclamation exceed the face value of the performance security)) the surface mine is reclaimed. The department may collect and use appreciation or interest accrued on a performance security to the same extent as for the underlying performance security. If the permit holder meets its obligations under this chapter, rules adopted under this chapter, and its approved reclamation permit and plan by completing reclamation, the department will return any unused performance security and accrued interest or appreciation.

        (((8))) (9) No other state agency or local government other than the department shall require performance security for the purposes of surface mine reclamation. However, nothing in this section prohibits a state agency or local government from requiring a performance security when the state agency or local government is acting in its capacity as a landowner and contracting for extraction-related activities on state or local government property.

        (10) The department may enter into written agreements with federal agencies in order to avoid redundant bonding of any surface ((mines straddling boundaries between federally controlled and other lands within)) mine that is located on both federal and nonfederal lands in Washington state.

        (((9) When acting in its capacity as a regulator, no other state agency or local government may require a surface mining operation regulated under this chapter to post performance security unless that state agency or local government has express statutory authority to do so. A state agency's or local government's general authority to protect the public health, safety, and welfare does not constitute express statutory authority to require a performance security. However, nothing in this section prohibits a state agency or local government from requiring a performance security when the state agency or local government is acting in its capacity as a landowner and contracting for extraction-related activities on state or local government property.))

        NEW SECTION. Sec. 4. A new section is added to chapter 78.44 RCW to read as follows:

        (1) A permit holder, in lieu of an individual performance security for each mining site, may file a blanket performance security with the department for their group of permits.

        (2) The department may reduce the required performance security calculated from its standard method prescribed in RCW 78.44.087, to an amount not to exceed the sum of reclamation security calculated by the department for the two surface mines with the largest performance security obligations, for nonmetal and nonfuel surface mines that meet the following conditions:

        (a) The permit holder has had a valid reclamation permit for more than ten years and can demonstrate exemplary mining and reclamation practices that have been accepted by the department;

        (b) The landowner agrees to allow the permit holder to hold a blanket security. The department must include, on forms to be signed by the landowner, notice of the risk of a lien on the landowner's lands; and

        (c) The permit holder can demonstrate substantial financial ability to perform the reclamation in the approved reclamation plan and permit.

        (3) Permit holders are not eligible for blanket securities if they are in violation of a final order of the department.

        (4) The department must consider the compliance history and the state of the existing surface mines of the permit holder before approving any blanket performance security.

        (5) Lands covered by a blanket performance security are subject to a lien placed by the department in the event of abandonment.

        (6) In lieu of the performance security required of the permit holder, the department may accept a similar security from the landowner, equal to the estimated cost of reclamation as determined by the department.

        NEW SECTION. Sec. 5. A new section is added to chapter 78.44 RCW to read as follows:

        (1) To the extent a performance security is insufficient to cover the cost of reclamation performed by the department, a lien shall be established in favor of the department upon all of the permit holder's real and personal property.

        (2) The lien attaches upon the filing of a notice of claim of lien with the county clerk of the county in which the property is located. The notice of lien claim must contain a true statement of the demand, the insufficiency of the performance security to compensate the department, and the failure of the permit holder to perform the reclamation required.

        (3) The lien becomes effective when filed.

        (4) The lien created by this section may be foreclosed by a suit in the superior court in the manner provided by law for the foreclosure of other liens on real or personal property.

        Sec. 6. RCW 42.56.270 and 2005 c 274 s 407 are each amended to read as follows:

        The following financial, commercial, and proprietary information is exempt from disclosure under this chapter:

        (1) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss;

        (2) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070;

        (3) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons pertaining to export projects under RCW 43.23.035;

        (4) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency;

        (5) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW;

        (6) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information;

        (7) Financial and valuable trade information under RCW 51.36.120;

        (8) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW;

        (9) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010;

        (10) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license;

        (11) Proprietary data, trade secrets, or other information that relates to: (a) A vendor's unique methods of conducting business; (b) data unique to the product or services of the vendor; or (c) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011; ((and))

        (12)(a) When supplied to and in the records of the department of community, trade, and economic development:

        (i) Financial and proprietary information collected from any person and provided to the department of community, trade, and economic development pursuant to RCW 43.330.050(8) and 43.330.080(4); and

        (ii) Financial or proprietary information collected from any person and provided to the department of community, trade, and economic development or the office of the governor in connection with the siting, recruitment, expansion, retention, or relocation of that person's business and until a siting decision is made, identifying information of any person supplying information under this subsection and the locations being considered for siting, relocation, or expansion of a business;

        (b) When developed by the department of community, trade, and economic development based on information as described in (a)(i) of this subsection, any work product is not exempt from disclosure;

        (c) For the purposes of this subsection, "siting decision" means the decision to acquire or not to acquire a site;

        (d) If there is no written contact for a period of sixty days to the department of community, trade, and economic development from a person connected with siting, recruitment, expansion, retention, or relocation of that person's business, information described in (a)(ii) of this subsection will be available to the public under this chapter; and

        (13) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to the department of natural resources under RCW 78.44.085.

        NEW SECTION. Sec. 7. Section 6 of this act takes effect July 1, 2006.

        NEW SECTION. Sec. 8. The department of natural resources shall establish a surface mining advisory committee that will recommend effective methods of accomplishing reclamation and address other issues deemed appropriate by the committee for the effective administration of chapter 78.44 RCW. The committee is comprised of but not limited to representatives of mining interests, state and local government, environmental groups, and private landowners. The state geologist will select the members of the committee. The department of natural resources must submit a report to the appropriate committees of the legislature containing the committee's findings by September 1, 2006."

        On page 1, line 3 of the title, after "program;" strike the remainder of the title and insert "amending RCW 78.44.085, 78.44.045, 78.44.087, and 42.56.270; adding new sections to chapter 78.44 RCW; creating a new section; and providing an effective date."

       Representatives B. Sullivan and Buck spoke in favor of the adoption of the amendment.

       The amendment was adopted.

{{42991}}{{42992}}       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

       Representatives B. Sullivan, Buck and Hinkle spoke in favor of passage of the bill.

       Representative Ericksen spoke against the passage of the bill.

       The Speaker (Representative Linville presiding) stated the question before the House to be the final passage of Engrossed Second Substitute Senate Bill No. 6175, as amended by the House.

ROLL CALL

       The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6175, as amended by the House, and the bill passed the House by the following vote: Yeas - 72, Nays - 24, Excused - 2.

       Voting yea: Representatives Alexander, Anderson, Appleton, Blake, Buck, Chandler, Chase, Clements, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Roberts, Rodne, Santos, Sells, Shabro, Simpson, Skinner, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 72.

       Voting nay: Representatives Ahern, Armstrong, Bailey, Buri, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Holmquist, Kretz, Kristiansen, McCune, Newhouse, Orcutt, Pearson, Roach, Schindler, Serben, Strow and Sump - 24.

       Excused: Representatives Campbell and Schual-Berke - 2.

       ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6175, as amended by the House, having received the necessary constitutional majority, was declared passed.

       The Speaker (Representative Linville presiding) called upon Representative Lovick to preside.

RESOLUTION

       HOUSE RESOLUTION NO. 2006-4716, By Representative Linville

       WHEREAS, Approximately one in three jobs in Washington State is tied to foreign trade, making Washington one of the most trade dependent states in the nation; and

       WHEREAS, Washington has long enjoyed favorable trade and cultural relations with many nations around the world, and is continuously expanding markets and business relationships that are mutually beneficial; and

       WHEREAS, In the last ten years, the Republic of India has moved onto the global stage as the largest democracy in the world with the largest middle-class, thus representing significant market potential for Washington businesses; and

       WHEREAS, In the last decade, trade delegations from Washington State have twice visited India, building successful trade alliances and opening markets for Washington businesses; and

       WHEREAS, The 2003 Secretary of State's trade mission to India was vital in assisting Washington supercomputer manufacturer Cray Inc. close a deal with the Tata Institute of Fundamental Research, the first of several subsequent Cray supercomputer sales that marked the reopening of India as a significant high technology market; and

       WHEREAS, In 1961, Hemant S. Sonawala received his Master's Degree in Electrical Engineering from the University of Washington and went on to found the Hinditron Group of Companies; and

       WHEREAS, Hemant Sonawala was instrumental in coordinating the 2003 Washington State trade mission to India and now leads a return delegation to Washington to further explore mutual business and trade interests, strengthen our cultural relations, and promote Washington as a great place to do business;

       NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize Hemant Sonawala for his contributions to building positive and productive trade relations between Washington State and India, and his fellow delegation members, all leaders in their respective fields of business; and

       BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Mr. Hemant S. Sonawala and the sixteen members of the 2006 Indo-American Chamber of Commerce Delegation.

{{42994}}       HOUSE RESOLUTION NO. 4716 was adopted.

       The Speaker (Representative Lovick presiding) called upon Representative Linville to preside.

{{42995}}                   MESSAGE FROM THE SENATE

February 28, 2006

Mr. Speaker:

       The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2475, with the following amendment:

        Strike everything after the enacting clause and insert the following:

        "Sec. 1. RCW 74.39A.270 and 2004 c 3 s 1 are each amended to read as follows:

        (1) Solely for the purposes of collective bargaining and as expressly limited under subsections (2) and (3) of this section, the governor is the public employer, as defined in chapter 41.56 RCW, of individual providers, who, solely for the purposes of collective bargaining, are public employees as defined in chapter 41.56 RCW. To accommodate the role of the state as payor for the community-based services provided under this chapter and to ensure coordination with state employee collective bargaining under chapter 41.80 RCW and the coordination necessary to implement RCW 74.39A.300, the public employer shall be represented for bargaining purposes by the governor or the governor's designee appointed under chapter 41.80 RCW. The governor or governor's designee shall periodically consult with the authority during the collective bargaining process to allow the authority to communicate issues relating to the long-term in-home care services received by consumers. The governor or governor's designee shall include representatives of the authority on the bargaining team for all issues for which the exclusive bargaining representative requests to engage in collective bargaining under subsection (6) of this section. The authority shall work with the developmental disabilities council, the governor's committee on disability issues and employment, the state council on aging, and other consumer advocacy organizations to obtain informed input from consumers on their interests, including impacts on consumer choice, for all issues proposed for collective bargaining under subsection (6) of this section.

        (2) Chapter 41.56 RCW governs the collective bargaining relationship between the governor and individual providers, except as otherwise expressly provided in this chapter and except as follows:

        (a) The only unit appropriate for the purpose of collective bargaining under RCW 41.56.060 is a statewide unit of all individual providers;

        (b) The showing of interest required to request an election under RCW 41.56.060 is ten percent of the unit, and any intervener seeking to appear on the ballot must make the same showing of interest;

        (c) The mediation and interest arbitration provisions of RCW 41.56.430 through 41.56.470 and 41.56.480 apply, except that:

        (i) With respect to commencement of negotiations between the governor and the bargaining representative of individual providers, negotiations shall be commenced by May 1st of any year prior to the year in which an existing collective bargaining agreement expires;

        (ii) With respect to factors to be taken into consideration by an interest arbitration panel, the panel shall consider the financial ability of the state to pay for the compensation and fringe benefit provisions of a collective bargaining agreement; and

        (iii) The decision of the arbitration panel is not binding on the legislature and, if the legislature does not approve the request for funds necessary to implement the compensation and fringe benefit provisions of the arbitrated collective bargaining agreement, is not binding on the authority or the state;

        (d) Individual providers do not have the right to strike; and

        (e) Individual providers who are related to, or family members of, consumers or prospective consumers are not, for that reason, exempt from this chapter or chapter 41.56 RCW.

        (3) Individual providers who are public employees solely for the purposes of collective bargaining under subsection (1) of this section are not, for that reason, employees of the state, its political subdivisions, or an area agency on aging for any purpose. Chapter 41.56 RCW applies only to the governance of the collective bargaining relationship between the employer and individual providers as provided in subsections (1) and (2) of this section.

        (4) Consumers and prospective consumers retain the right to select, hire, supervise the work of, and terminate any individual provider providing services to them. Consumers may elect to receive long-term in-home care services from individual providers who are not referred to them by the authority.

        (5) In implementing and administering this chapter, neither the authority nor any of its contractors may reduce or increase the hours of service for any consumer below or above the amount determined to be necessary under any assessment prepared by the department or an area agency on aging.

        (6) Except as expressly limited in this section and RCW 74.39A.300, the wages, hours, and working conditions of individual providers are determined solely through collective bargaining as provided in this chapter. No agency or department of the state((, other than the authority,)) may establish policies or rules governing the wages or hours of individual providers. However, this subsection does not modify:

        (a) The department's authority to establish a plan of care for each consumer ((and to determine the hours)) or its core responsibility to manage long-term in-home care services under this chapter, including determination of the level of care that each consumer is eligible to receive. However, at the request of the exclusive bargaining representative, the governor or the governor's designee appointed under chapter 41.80 RCW shall engage in collective bargaining, as defined in RCW 41.56.030(4), with the exclusive bargaining representative over how the department's core responsibility affects hours of work for individual providers. This subsection shall not be interpreted to require collective bargaining over an individual consumer's plan of care;

        (b) The department's authority to terminate its contracts with individual providers who are not adequately meeting the needs of a particular consumer, or to deny a contract under RCW 74.39A.095(8);

        (c) The consumer's right to assign hours to one or more individual providers selected by the consumer within the maximum hours determined by his or her plan of care;

        (d) The consumer's right to select, hire, terminate, supervise the work of, and determine the conditions of employment for each individual provider providing services to the consumer under this chapter;

        (e) The department's obligation to comply with the federal medicaid statute and regulations and the terms of any community-based waiver granted by the federal department of health and human services and to ensure federal financial participation in the provision of the services; and

        (f) The legislature's right to make programmatic modifications to the delivery of state services under this title, including standards of eligibility of consumers and individual providers participating in the programs under this title, and the nature of services provided. The governor shall not enter into, extend, or renew any agreement under this chapter that does not expressly reserve the legislative rights described in this subsection (6)(f).

        (7)(a) The state, the department, the authority, the area agencies on aging, or their contractors under this chapter may not be held vicariously or jointly liable for the action or inaction of any individual provider or prospective individual provider, whether or not that individual provider or prospective individual provider was included on the authority's referral registry or referred to a consumer or prospective consumer. The existence of a collective bargaining agreement, the placement of an individual provider on the referral registry, or the development or approval of a plan of care for a consumer who chooses to use the services of an individual provider and the provision of case management services to that consumer, by the department or an area agency on aging, does not constitute a special relationship with the consumer.

        (b) The members of the board are immune from any liability resulting from implementation of this chapter.

        (8) Nothing in this section affects the state's responsibility with respect to unemployment insurance for individual providers. However, individual providers are not to be considered, as a result of the state assuming this responsibility, employees of the state.

        NEW SECTION. Sec. 2. 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."

        On page 1, line 2 of the title, after "providers;" strike the remainder of the title and insert "amending RCW 74.39A.270; and declaring an emergency."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

       There being no objection, the House refused to concur in the Senate amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2475 and asked the Senate to recede therefrom.

MESSAGE FROM THE SENATE

February 28, 2006

Mr. Speaker:

       The Senate has passed SUBSTITUTE HOUSE BILL NO. 2481, with the following amendment:

        Strike everything after the enacting clause and insert the following:

        "NEW SECTION. Sec. 1. The legislature finds that access to insurance can be imperiled by the response of insurers to criminal acts. Rather than allow criminals to achieve their objectives, it is the intent of the legislature that criminals, through criminal acts, should not dictate insurance underwriting decisions. It is the intent of the legislature that courts should use restitution from perpetrators of intentional property crimes to make property owners and insurers whole.

        NEW SECTION. Sec. 2. A new section is added to chapter 48.18 RCW to read as follows:

        (1) For the purposes of this section:

        (a) "Arson" has the same meaning as in chapter 9A.48 RCW.

        (b) "Health care facility" has the same meaning as defined in RCW 48.43.005.

        (c) "Health care provider" has the same meaning as defined in RCW 48.43.005.

        (d) "Insured" means a current policyholder or a person or entity that is covered under the insurance policy.

        (e) A perpetrator does not have to be identified for an act of arson or malicious mischief to have occurred.

        (f) "Malicious mischief" has the same meaning as in chapter 9A.48 RCW.

        (g) "Underwriting action" means an insurer:

        (i) Cancels or refuses to renew an insurance policy; or

        (ii) Changes the terms or benefits in an insurance policy.

        (2) This section applies to property insurance policies if the insured is:

        (a) A health care facility;

        (b) An independent health care clinic;

        (c) A health care provider;

        (d) A religious organization;

        (e) A commercial, research, or educational organization that uses animals or plants for food, fiber production, agriculture, breeding, processing, research, or testing; or

        (f) A commercial, research, or educational organization that uses, purchases, or offers for sale a product that contains animal or plant material.

        (3) An insurer may not take an underwriting action on a policy described in subsection (2) of this section because an insured has made one or more insurance claims for any loss that occurred during the preceding sixty months that is the result of arson or malicious mischief. An insurer may take an underwriting action due to other factors that are not prohibited by this subsection.

        (4) If an insured sustains a loss that is the result of arson or malicious mischief, the insured must file a report with the police or other law enforcement authority within thirty days of discovery of the incident, and a law enforcement authority must determine that a crime has occurred. The report must contain sufficient information to provide an insurer with reasonable notice that the loss was the result of arson or malicious mischief. The insured has a duty to cooperate with any law enforcement official or insurer investigation.

        (5) Annually, each insurer must report underwriting actions to the commissioner if the insurer has taken an underwriting action against any insured who has filed a claim during the preceding sixty months that was the result of arson or malicious mischief. The report must include the policy number, name of the insured, location of the property, and the reason for the underwriting action.

        Sec. 3. RCW 9A.56.200 and 2002 c 85 s 1 are each amended to read as follows:

        (1) A person is guilty of robbery in the first degree if:

        (a) In the commission of a robbery or of immediate flight therefrom, he or she:

        (i) Is armed with a deadly weapon; or

        (ii) Displays what appears to be a firearm or other deadly weapon; or

        (iii) Inflicts bodily injury; or

        (b) He or she commits a robbery within and against a financial institution as defined in RCW 7.88.010 or 35.38.060. Evidence showing that the establishment robbed was a financial institution is not required when "bank," "savings and loan," "trust," "payday," or "credit union" appears in the name of the establishment.

        (2) Robbery in the first degree is a class A felony."

        On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "insuring victims of crimes and robbery in the first degree; amending RCW 9A.56.200; adding a new section to chapter 48.18 RCW; creating a new section; and prescribing penalties."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

       There being no objection, the House refused to concur in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 2481 and asked the Senate to recede therefrom.

MESSAGE FROM THE SENATE

March 1, 2006

Mr. Speaker:

       The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1151, with the following amendment:

        Strike everything after the enacting clause and insert the following:

        "NEW SECTION. Sec. 1. (1)(a) A joint select committee on regulation of private ownership of exotic wild animals is established. The joint select committee shall consist of the following members:

        (i) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;

        (ii) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives.

        (b) The four appointed members shall involve interested parties as appropriate.

        (2) The committee shall conduct a study concerning the regulation of the private ownership of exotic wild animals. The study shall include, but not be limited to:

        (a) Identifying animals that may be considered dangerous as pets and the criteria used to identify an animal as one that may be considered dangerous as a pet;

        (b) Identifying the potential harm an exotic wild animal may cause if privately owned, and how the risk of such harm may affect an owner's ability to qualify for and receive insurance;

        (c) Identifying whether the private ownership of exotic wild animals should be regulated or banned, and how a state law regulating or banning the private ownership of exotic wild animals may affect other state and local laws regulating or banning the private ownership of such animals;

        (d) Identifying laws in other states that regulate or ban the private ownership of exotic wild animals, and whether such laws have been effective in reducing the injuries or damages that can be caused by the private ownership of exotic wild animals; and

        (e) Identifying the ways in which local jurisdictions and public agencies may act to protect the public against possible health and safety threats of owning exotic wild animals.

        (3)(a) The committee shall use legislative facilities, and staff support shall be provided by senate committee services and the house of representatives office of program research.

        (b) Legislative members of the committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120.

        (4) The committee shall report its findings and recommendations to the governor and the appropriate committees of the legislature by November 15, 2006.

        (5) This section expires July 1, 2007."

        On page 1, line 1 of the title, after "animals;" strike the remainder of the title and insert "creating a new section; and providing an expiration date."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

       There being no objection, the House refused to concur in the Senate amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1151 and asked the Senate to recede therefrom.

{{42998}}                   MESSAGE FROM THE SENATE

March 2, 2006

Mr. Speaker:

       The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1080, with the following amendment:

        Strike everything after the enacting clause and insert the following:

        "Sec. 1. RCW 9A.42.010 and 1997 c 392 s 508 are each amended to read as follows:

        As used in this chapter:

        (1) "Basic necessities of life" means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.

        (2)(a) "Bodily injury" means physical pain or injury, illness, or an impairment of physical condition;

        (b) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;

        (c) "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ.

        (3) "Child" means a person under eighteen years of age.

        (4) "Dependent person" means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home, as defined in RCW 18.51.010, a resident of an adult family home, as defined in RCW 70.128.010, and a frail elder or vulnerable adult, as defined in RCW 74.34.020(((8))) (13), is presumed to be a dependent person for purposes of this chapter.

        (5) "Employed" means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. A person may be "employed" regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person's services.

        (6) "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.

        (7) "Abandons" means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life.

(8) "Good samaritan" means any individual or group of individuals who: (a) Is not related to the dependent person; (b) voluntarily provides assistance or services of any type to the dependent person; (c) is not paid, given gifts, or made a beneficiary of any assets valued at five hundred dollars or more, for any reason, by the dependent person, the dependent person's family, or the dependent person's estate; and (d) does not commit or attempt to commit any other crime against the dependent person or the dependent person's estate.

        Sec. 2. RCW 9A.42.020 and 1997 c 392 s 510 are each amended to read as follows:

        (1) A parent of a child, the person entrusted with the physical custody of a child or dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the first degree if he or she recklessly, as defined in RCW 9A.08.010, causes great bodily harm to a child or dependent person by withholding any of the basic necessities of life.

        (2) Criminal mistreatment in the first degree is a class B felony.

        Sec. 3. RCW 9A.42.030 and 1997 c 392 s 511 are each amended to read as follows:

        (1) A parent of a child, the person entrusted with the physical custody of a child or dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the second degree if he or she recklessly, as defined in RCW 9A.08.010, either (a) creates an imminent and substantial risk of death or great bodily harm, or (b) causes substantial bodily harm by withholding any of the basic necessities of life.

        (2) Criminal mistreatment in the second degree is a class C felony.

        Sec. 4. RCW 9A.42.035 and 2000 c 76 s 1 are each amended to read as follows:

        (1) A person is guilty of the crime of criminal mistreatment in the third degree if the person is the parent of a child, is a person entrusted with the physical custody of a child or other dependent person, is a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or is a person employed to provide to the child or dependent person the basic necessities of life, and either:

        (a) With criminal negligence, creates an imminent and substantial risk of substantial bodily harm to a child or dependent person by withholding any of the basic necessities of life; or

        (b) With criminal negligence, causes substantial bodily harm to a child or dependent person by withholding any of the basic necessities of life.

        (2) For purposes of this section, "a person who has assumed the responsibility to provide to a dependent person the basic necessities of life" means a person other than: (a) A government agency that regularly provides assistance or services to dependent persons, including but not limited to the department of social and health services; or (b) a good samaritan as defined in RCW 9A.42.010.

        (3) Criminal mistreatment in the third degree is a gross misdemeanor.

        Sec. 5. RCW 9A.42.037 and 2002 c 219 s 2 are each amended to read as follows:

        (1) A person is guilty of the crime of criminal mistreatment in the fourth degree if the person is the parent of a child, is a person entrusted with the physical custody of a child or other dependent person, is a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or is a person employed to provide to the child or dependent person the basic necessities of life, and either:

         (a) With criminal negligence, creates an imminent and substantial risk of bodily injury to a child or dependent person by withholding any of the basic necessities of life; or

        (b) With criminal negligence, causes bodily injury or extreme emotional distress manifested by more than transient physical symptoms to a child or dependent person by withholding the basic necessities of life.

        (2) For purposes of this section, "a person who has assumed the responsibility to provide to a dependent person the basic necessities of life" means a person other than: (a) A government agency that regularly provides assistance or services to dependent persons, including but not limited to the department of social and health services; or (b) a good samaritan as defined in RCW 9A.42.010.

        (3) Criminal mistreatment in the fourth degree is a misdemeanor.

        Sec. 6. RCW 9A.42.060 and 2002 c 331 s 3 are each amended to read as follows:

        (1) Except as provided in subsection (2) of this section, a person is guilty of the crime of abandonment of a dependent person in the first degree if:

        (a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or other dependent person any of the basic necessities of life;

        (b) The person recklessly abandons the child or other dependent person; and

        (c) As a result of being abandoned, the child or other dependent person suffers great bodily harm.

        (2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section.

        (3) Abandonment of a dependent person in the first degree is a class B felony.

        Sec. 7. RCW 9A.42.070 and 2002 c 331 s 4 are each amended to read as follows:

        (1) Except as provided in subsection (2) of this section, a person is guilty of the crime of abandonment of a dependent person in the second degree if:

        (a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or other dependent person any of the basic necessities of life; and

        (b) The person recklessly abandons the child or other dependent person; and:

        (i) As a result of being abandoned, the child or other dependent person suffers substantial bodily harm; or

        (ii) Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other dependent person will die or suffer great bodily harm.

        (2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section.

        (3) Abandonment of a dependent person in the second degree is a class C felony.

        Sec. 8. RCW 9A.42.080 and 2002 c 331 s 5 are each amended to read as follows:

        (1) Except as provided in subsection (2) of this section, a person is guilty of the crime of abandonment of a dependent person in the third degree if:

        (a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person any of the basic necessities of life; and

        (b) The person recklessly abandons the child or other dependent person; and:

        (i) As a result of being abandoned, the child or other dependent person suffers bodily harm; or

        (ii) Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other person will suffer substantial bodily harm.

         (2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section.

        (3) Abandonment of a dependent person in the third degree is a gross misdemeanor.

        Sec. 9. RCW 9.94A.515 and 2005 c 458 s 2 and 2005 c 183 s 9 are each reenacted and amended to read as follows:

                                                                                                                            On page 1, line 2 of the title, after "person;" strike the remainder of title and insert "amending RCW 9A.42.010, 9A.42.020, 9A.42.030, 9A.42.035, 9A.42.037, 9A.42.060, 9A.42.070, and 9A.42.080; reenacting and amending RCW 9.94A.515; and prescribing penalties."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

                                                                                                               There being no objection, the House concurred in the Senate amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1080 and advanced the bill as amended by the Senate to final passage.

{{42999}}                                                                                                                         FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

                                                                                                               Representatives O'Brien and McDonald spoke in favor the passage of the bill.

                                                                                                               The Speaker (Representative Linville presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1080, as amended by the Senate.

{{43000}}                                                                                                                                             ROLL CALL

                                                                                                               The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1080, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

Excused: Representative Schual-Berke - 1.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1080, as amended by the Senate, having received the constitutional majority, was declared passed.

{{43001}}MESSAGE FROM THE SENATE

March 2, 2006

Mr. Speaker:

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1257, with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 48.22.030 and 2004 c 90 s 1 are each amended to read as follows:

(1) "Underinsured motor vehicle" means a motor vehicle with respect to the ownership, maintenance, or use of which either no bodily injury or property damage liability bond or insurance policy applies at the time of an accident, or with respect to which the sum of the limits of liability under all bodily injury or property damage liability bonds and insurance policies applicable to a covered person after an accident is less than the applicable damages which the covered person is legally entitled to recover.

(2) No new policy or renewal of an existing policy insuring against loss resulting from liability imposed by law for bodily injury, death, or property damage, suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall be issued with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of underinsured motor vehicles, hit-and-run motor vehicles, and phantom vehicles because of bodily injury, death, or property damage, resulting therefrom, except while operating or occupying a motorcycle or motor-driven cycle, and except while operating or occupying a motor vehicle owned or available for the regular use by the named insured or any family member, and which is not insured under the liability coverage of the policy. The coverage required to be offered under this chapter is not applicable to general liability policies, commonly known as umbrella policies, or other policies which apply only as excess to the insurance directly applicable to the vehicle insured.

                                                                                                                            (3) Except as to property damage, coverage required under subsection (2) of this section shall be in the same amount as the insured's third party liability coverage unless the insured rejects all or part of the coverage as provided in subsection (4) of this section. Coverage for property damage need only be issued in conjunction with coverage for bodily injury or death. Property damage coverage required under subsection (2) of this section shall mean physical damage to the insured motor vehicle unless the policy specifically provides coverage for the contents thereof or other forms of property damage.

                                                                                                                            (4) A named insured or spouse may reject, in writing, underinsured coverage for bodily injury or death, or property damage, and the requirements of subsections (2) and (3) of this section shall not apply. If a named insured or spouse has rejected underinsured coverage, such coverage shall not be included in any supplemental or renewal policy unless a named insured or spouse subsequently requests such coverage in writing. The requirement of a written rejection under this subsection shall apply only to the original issuance of policies issued after July 24, 1983, and not to any renewal or replacement policy.

                                                                                                                            (5) The limit of liability under the policy coverage may be defined as the maximum limits of liability for all damages resulting from any one accident regardless of the number of covered persons, claims made, or vehicles or premiums shown on the policy, or premiums paid, or vehicles involved in an accident.

                                                                                                                            (6) The policy may provide that if an injured person has other similar insurance available to him under other policies, the total limits of liability of all coverages shall not exceed the higher of the applicable limits of the respective coverages.

                                                                                                                            (7)(a) The policy may provide for a deductible of not more than three hundred dollars for payment for property damage when the damage is caused by a hit-and-run driver or a phantom vehicle.

                                                                                                                            (b) In all other cases of underinsured property damage coverage, the policy may provide for a deductible of not more than one hundred dollars.

                                                                                                                            (8) For the purposes of this chapter, a "phantom vehicle" shall mean a motor vehicle which causes bodily injury, death, or property damage to an insured and has no physical contact with the insured or the vehicle which the insured is occupying at the time of the accident if:

                                                                                                                            (a) The facts of the accident can be corroborated by competent evidence other than the testimony of the insured or any person having an underinsured motorist claim resulting from the accident; and

                                                                                                                            (b) The accident has been reported to the appropriate law enforcement agency within seventy-two hours of the accident.

                                                                                                                            (9) An insurer who elects to write motorcycle or motor-driven cycle insurance in this state must provide information to prospective insureds about the coverage.

(10) An insurer who elects to write motorcycle or motor-driven cycle insurance in this state must provide an opportunity for named insureds, who have purchased liability coverage for a motorcycle or motor-driven cycle, to reject underinsured coverage for that motorcycle or motor-driven cycle in writing."

                                                                                                                            On page 1, line 2 of the title, after "coverage;" strike the remainder of the title and insert "and amending RCW 48.22.030."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1257 and advanced the bill as amended by the Senate to final passage.

{{43002}}FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

Representatives Roach and Kirby spoke in favor the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Substitute House Bill No. 1257, as amended by the Senate.

{{43003}}ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1257, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

Excused: Representative Schual-Berke - 1.

SUBSTITUTE HOUSE BILL NO. 1257, as amended by the Senate, having received the constitutional majority, was declared passed.

MESSAGE FROM THE SENATE

February 27, 2006

Mr. Speaker:

The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1850, with the following amendment:

On page 1, line 3 of the title, after "chapter" strike "4.24" and insert "38.52"

                                                                                                                            On page 2, line 21, after "chapter" strike "4.24" and insert "38.52"

and the same is herewith transmitted.

Brad Hendrickson, Secretary

SENATE AMENDMENT TO HOUSE BILL

                                                                                                               There being no objection, the House concurred in the Senate amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1850 and advanced the bill as amended by the Senate to final passage.

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

                                                                                                               Representative Cody spoke in favor the passage of the bill.

                                                                                                               The Speaker (Representative Linville presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1850, as amended by the Senate.

ROLL CALL

                                                                                                               The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1850, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Excused - 1.

                                                                                                               Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

                                                                                                               Excused: Representative Schual-Berke - 1.

                                                                                                               ENGROSSED SUBSTITUTE HOUSE BILL NO. 1850, as amended by the Senate, having received the constitutional majority, was declared passed.

{{43004}}                                                                                                                           MESSAGE FROM THE SENATE

March 1, 2006

Mr. Speaker:

The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 2002, with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 74.13.031 and 2004 c 183 s 3 are each amended to read as follows:

The department shall have the duty to provide child welfare services and shall:

(1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of runaway, dependent, or neglected children.

(2) Within available resources, recruit an adequate number of prospective adoptive and foster homes, both regular and specialized, i.e. homes for children of ethnic minority, including Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, teens, pregnant and parenting teens, and annually report to the governor and the legislature concerning the department's success in: (a) Meeting the need for adoptive and foster home placements; (b) reducing the foster parent turnover rate; (c) completing home studies for legally free children; and (d) implementing and operating the passport program required by RCW 74.13.285. The report shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

(3) Investigate complaints of any recent act or failure to act on the part of a parent or caretaker that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency: PROVIDED, That an investigation is not required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis. If the investigation reveals that a crime against a child may have been committed, the department shall notify the appropriate law enforcement agency.

(4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

(5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report measuring the extent to which the department achieved the specified goals to the governor and the legislature.

(6) Have authority to accept custody of children from parents and to accept custody of children from juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

(7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.

(8) Have authority to purchase care for children; and shall follow in general the policy of using properly approved private agency services for the actual care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

                                                                                                                            (9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, licensing of child care agencies, adoption, and services related thereto. At least one member shall represent the adoption community.

                                                                                                                            (10)(a) Have authority to provide continued foster care or group care ((for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program)) as needed to participate in or complete a high school or vocational school program.

                                                                                                                            (b)(i) Beginning in 2006, the department has the authority to allow up to fifty youth reaching age eighteen to continue in foster care or group care as needed to participate in or complete a posthigh school academic or vocational program, and to receive necessary support and transition services.

                                                                                                                            (ii) In 2007 and 2008, the department has the authority to allow up to fifty additional youth per year reaching age eighteen to remain in foster care or group care as provided in (b)(i) of this subsection.

                                                                                                                            (iii) A youth who remains eligible for such placement and services pursuant to department rules may continue in foster care or group care until the youth reaches his or her twenty-first birthday. Eligibility requirements shall include active enrollment in a posthigh school academic or vocational program and maintenance of a 2.0 grade point average.

                                                                                                                            (11) Refer cases to the division of child support whenever state or federal funds are expended for the care and maintenance of a child, including a child with a developmental disability who is placed as a result of an action under chapter 13.34 RCW, unless the department finds that there is good cause not to pursue collection of child support against the parent or parents of the child. Cases involving individuals age eighteen through twenty shall not be referred to the division of child support unless required by federal law.

                                                                                                                            (12) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order; and the purchase of such care shall be subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

                                                                                                                            Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4), (6), and (7) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.

                                                                                                                            (13) Within amounts appropriated for this specific purpose, provide preventive services to families with children that prevent or shorten the duration of an out-of-home placement.

                                                                                                                            (14) Have authority to provide independent living services to youths, including individuals who have attained eighteen ((through twenty)) years of age, and have not attained twenty-one years of age who are or have been in foster care.

                                                                                                                            NEW SECTION. Sec. 2. Nothing in this act shall be construed to create:

(1) An entitlement to services;

(2) Judicial authority to extend the jurisdiction of juvenile court in a proceeding under chapter 13.34 RCW to a youth who has attained eighteen years of age or to order the provision of services to the youth; or

(3) A private right of action or claim on the part of any individual, entity, or agency against the department of social and health services or any contractor of the department.

NEW SECTION. Sec. 3. The department of social and health services is authorized to adopt rules establishing eligibility for independent living services and placement for youths under this act.

NEW SECTION. Sec. 4. (1) Beginning in July 2008 and subject to the approval of its governing board, the Washington state institute for public policy shall conduct a study measuring the outcomes for foster youth who have received continued support pursuant to RCW 74.13.031(10). The study should include measurements of any savings to the state and local government. The institute shall issue a report containing its preliminary findings to the legislature by December 1, 2008, and a final report by December 1, 2009.

(2) The institute is authorized to accept nonstate funds to conduct the study required in subsection (1) of this section."

On page 1, line 3 of the title, after "birthday;" strike the remainder of the title and insert "amending RCW 74.13.031; and creating new sections."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

There being no objection, the House concurred in the Senate amendment to SECOND SUBSTITUTE HOUSE BILL NO. 2002 and advanced the bill as amended by the Senate to final passage.

{{43005}}FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

Representatives Kagi, Walsh and Dickerson spoke in favor the passage of the bill.

The Speaker (Representative Linville presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2002, as amended by the Senate.

{{43006}}ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2002, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 96.

                                                                                                               Voting nay: Representative Dunn - 1.

                                                                                                               Excused: Representative Schual-Berke - 1.

                                                                                                               SECOND SUBSTITUTE HOUSE BILL NO. 2002, as amended by the Senate, having received the constitutional majority, was declared passed.

{{43007}}                                                                                                                           MESSAGE FROM THE SENATE

March 1, 2006

Mr. Speaker:

                                                                                                               The Senate has passed ENGROSSED HOUSE BILL NO. 2322, with the following amendment:

                                                                                                                            Strike everything after the enacting clause and insert the following:

                                                                                                                            "Sec. 1. RCW 70.95L.005 and 1993 c 118 s 1 are each amended to read as follows:

                                                                                                                            The legislature hereby finds and declares that:

                                                                                                                            (1) Phosphorus loading of surface waters can stimulate the growth of weeds and algae, and that such growth can have adverse environmental, health, and aesthetic effects;

                                                                                                                            (2) Household detergents contribute to phosphorus loading, and that a limit on detergents containing phosphorus can significantly reduce the discharge of phosphorus into the state's surface and ground waters;

                                                                                                                            (3) Household detergents containing no or very low phosphorus are readily available and that over thirty percent of the United States population lives in areas with a ban on detergents containing phosphorus; ((and))

                                                                                                                            (4) Phosphorus limits on household detergents can significantly reduce treatment costs at those sewage treatment facilities that remove phosphorus from the waste stream; and

                                                                                                                            (5) While significant reductions of phosphorus from laundry detergent have been accomplished, similar progress in reducing phosphorus contributions from dishwashing detergents has not been achieved.

                                                                                                                            It is therefore the intent of the legislature to impose a statewide limit on the phosphorus content of household detergents.

                                                                                                                            Sec. 2. RCW 70.95L.020 and 1993 c 118 s 3 are each amended to read as follows:

                                                                                                                            (1) After July 1, 1994, a person may not sell or distribute for sale a laundry detergent that contains 0.5 percent or more phosphorus by weight.

(2)(a) After July 1, 1994, and until the dates specified in (b) of this subsection, a person may not sell or distribute for sale a dishwashing detergent that contains 8.7 percent or more phosphorous by weight.

(b) A person may not sell or distribute for sale a dishwashing detergent that contains 0.5 percent or more phosphorus by weight:

(i) Commencing July 1, 2008, in counties with populations, as determined by office of financial management population estimates:

(A) Greater than one hundred eighty thousand and less than two hundred twenty thousand; and

(B) Greater than three hundred ninety thousand and less than six hundred fifty thousand;

(ii) Commencing July 1, 2010, throughout the state.

(3) This section does not apply to the sale or distribution of detergents for commercial and industrial uses."

On page 1, line 2 of the title, after "detergent;" strike the remainder of the title and insert "and amending RCW 70.95L.005 and 70.95L.020."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

There being no objection, the House concurred in the Senate amendment to ENGROSSED HOUSE BILL NO. 2322 and advanced the bill as amended by the Senate to final passage.

{{43008}}FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

Representatives B. Sullivan and Serben spoke in favor the passage of the bill.

The Speaker (Representative Linville presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2322, as amended by the Senate.

{{43009}}ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2322, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 79, Nays - 18, Excused - 1.

Voting yea: Representatives Ahern, Anderson, Appleton, Bailey, Blake, Buri, Campbell, Clements, Clibborn, Cody, Conway, Crouse, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Takko, Tom, Upthegrove, Wallace, Williams, Wood, Woods and Mr. Speaker - 79.

                                                                                                               Voting nay: Representatives Alexander, Armstrong, Buck, Chandler, Chase, Condotta, Cox, Curtis, DeBolt, Dunn, Grant, Kristiansen, Newhouse, Orcutt, Pearson, Sump, Talcott and Walsh - 18.

                                                                                                               Excused: Representative Schual-Berke - 1.

                                                                                                               ENGROSSED HOUSE BILL NO. 2322, as amended by the Senate, having received the constitutional majority, was declared passed.

{{43010}}                                                                                                                           MESSAGE FROM THE SENATE

March 1, 2006

Mr. Speaker:

                                                                                                               The Senate has passed HOUSE BILL NO. 2348, with the following amendment:

                                                                                                                            On page 5, after line 30, strike all of subsection (5) and insert the following:

"(5) By ((December 1, 2005, and by)) December 1, ((2006)) 2007, December 1, 2010, and December 1, 2015, the fiscal committees of the house of representatives and the senate, in consultation with the department, shall report to the legislature on the effectiveness of the smelter tax incentives ((and, by December 1, 2010, on the effectiveness of the incentives)) under RCW 82.04.4482 and 82.16.0498. The reports shall measure the effect of the tax incentives on job retention for Washington residents and any other factors the committees may select."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

                                                                                                               There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 2348 and advanced the bill as amended by the Senate to final passage.

{{43011}}                                                                                                                         FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

                                                                                                               Representatives Morris and Orcutt spoke in favor the passage of the bill.

                                                                                                               The Speaker (Representative Linville presiding) stated the question before the House to be final passage of House Bill No. 2348, as amended by the Senate.

{{43012}}                                                                                                                                             ROLL CALL

                                                                                                               The Clerk called the roll on the final passage of House Bill No. 2348, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 4, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 93.

Voting nay: Representatives Moeller, Morrell, Nixon and Tom - 4.

Excused: Representative Schual-Berke - 1.

HOUSE BILL NO. 2348, as amended by the Senate, having received the constitutional majority, was declared passed.

{{43013}}MESSAGE FROM THE SENATE

March 2, 2006

Mr. Speaker:

The Senate has passed HOUSE BILL NO. 2381, with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that beavers have historically played a significant role in maintaining the health of watersheds in the Pacific Northwest and act as key agents in riparian ecology. The live trapping and relocating of beavers has long been recognized as a beneficial wildlife management practice, and has been successfully utilized to restore and maintain stream ecosystems for over fifty years. The benefits of active beaver populations include reduced stream sedimentation, stream temperature moderation, higher dissolved oxygen levels, overall improved water quality, increased natural water storage capabilities within watersheds, and reduced stream velocities. These benefits improve and create habitat for many other species, including endangered salmon, river otters, sandhill cranes, trumpeter swans, and other riparian and aquatic species. Relocating beavers into their historic habitat provides a natural mechanism for improving the environmental conditions in Washington's riparian ecosystems without having to resort to governmental regulation or expensive publically funded engineering projects.

NEW SECTION. Sec. 2. A new section is added to chapter 77.32 RCW to read as follows:

(1) The department shall offer a beaver relocation permit that allows the holder or the holder's agent to capture live beavers in the areas of the state where elevated beaver populations are considered a nuisance, transport the beavers, and release the live beavers on property owned or managed by the permit holder. Priority of issuing permits must be based on properties in which beaver populations are considered a nuisance.

                                                                                                                            (2) The department may limit the availability of beaver relocation permits to areas of the state where:

                                                                                                                            (a) There is a low probability of released beavers becoming a nuisance;

                                                                                                                            (b) Conditions exist for released beavers to improve, maintain, or manage stream or riparian ecosystem functions; and

                                                                                                                            (c) There is evidence of historic endemic beaver populations.

                                                                                                                            (3) The department may condition beaver relocation permits to maximize the relocation's success and minimize risk. Factors that the department may condition include:

                                                                                                                            (a) Stream gradient;

                                                                                                                            (b) Sufficiency of the water supply;

                                                                                                                            (c) Stream geomorphology;

                                                                                                                            (d) Adequacy of a food source;

                                                                                                                            (e) Proper site elevation and valley width;

                                                                                                                            (f) Age of the beavers relocated;

                                                                                                                            (g) Times of year for capture and relocation;

                                                                                                                            (h) Requirements for the capture, handling, and transport of the live beavers;

                                                                                                                            (i) Minimum and maximum numbers of beavers that can be relocated in one area; and

                                                                                                                            (j) Requirements for the permit holder to initially provide supplemental food and lodge building materials.

                                                                                                                            (4) The department shall provide beaver relocation permits at no charge to the applicant.

                                                                                                                            (5) The holder of a beaver relocation permit must either obtain a trapping license under RCW 77.65.450 or employ a trapper licensed under RCW 77.65.450 to capture and transport the beavers that are to be relocated.

                                                                                                                            (6) Nothing in this section creates any liability against the state or the beaver relocation permit holder nor authorizes any private right of action for any damages subsequently caused by beavers released pursuant to a beaver relocation permit.

                                                                                                                            (7) For the purposes of this section only, beaver may be relocated from west of the crest of the Cascade mountains to areas east of the crest of the Cascade mountains, but may not be relocated to any area west of the crest of the Cascade mountains.

                                                                                                                            NEW SECTION. Sec. 3. A new section is added to chapter 77.36 RCW to read as follows:

                                                                                                                            Whenever the department undertakes the trapping of nuisance or problem-causing beavers, the department must, if the option is available, capture the beavers with a live trap and work with the holders of beaver relocation permits issued under section 2 of this act to relocate the beavers onto properties that have requested their placement."

                                                                                                                            On page 1, line 2 of the title, after "species;" strike the remainder of the title and insert "adding a new section to chapter 77.32 RCW; adding a new section to chapter 77.36 RCW; and creating a new section."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 2381 and advanced the bill as amended by the Senate to final passage.

{{43014}}FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

Representatives B. Sullivan, Kretz, Strow, Orcutt, Cox, Blake and Dunn spoke in favor the passage of the bill.

Representative McIntire spoke against the passage of the bill.

The Speaker (Representative Linville presiding) stated the question before the House to be final passage of House Bill No. 2381, as amended by the Senate.

{{43015}}ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2381, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods, and Mr. Speaker - 94.

Voting nay: Representatives Flannigan, McIntire and Pettigrew - 3.

Excused: Representative Schual-Berke - 1.

HOUSE BILL NO. 2381, as amended by the Senate, having received the constitutional majority, was declared passed.

{{43016}}MESSAGE FROM THE SENATE

February 28, 2006

Mr. Speaker:

The Senate has passed SUBSTITUTE HOUSE BILL NO. 2415, with the following amendment:

Strike everything after the enacting clause and insert the following:

                                                                                                                            "Sec. 1. RCW 48.22.030 and 2004 c 90 s 1 are each amended to read as follows:

                                                                                                                            (1) "Underinsured motor vehicle" means a motor vehicle with respect to the ownership, maintenance, or use of which either no bodily injury or property damage liability bond or insurance policy applies at the time of an accident, or with respect to which the sum of the limits of liability under all bodily injury or property damage liability bonds and insurance policies applicable to a covered person after an accident is less than the applicable damages which the covered person is legally entitled to recover.

                                                                                                                            (2) No new policy or renewal of an existing policy insuring against loss resulting from liability imposed by law for bodily injury, death, or property damage, suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall be issued with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of underinsured motor vehicles, hit-and-run motor vehicles, and phantom vehicles because of bodily injury, death, or property damage, resulting therefrom, except while operating or occupying a motorcycle or motor-driven cycle, and except while operating or occupying a motor vehicle owned or available for the regular use by the named insured or any family member, and which is not insured under the liability coverage of the policy. The coverage required to be offered under this chapter is not applicable to general liability policies, commonly known as umbrella policies, or other policies which apply only as excess to the insurance directly applicable to the vehicle insured.

                                                                                                                            (3) Except as to property damage, coverage required under subsection (2) of this section shall be in the same amount as the insured's third party liability coverage unless the insured rejects all or part of the coverage as provided in subsection (4) of this section. Coverage for property damage need only be issued in conjunction with coverage for bodily injury or death. Property damage coverage required under subsection (2) of this section shall mean physical damage to the insured motor vehicle unless the policy specifically provides coverage for the contents thereof or other forms of property damage.

                                                                                                                            (4) A named insured or spouse may reject, in writing, underinsured coverage for bodily injury or death, or property damage, and the requirements of subsections (2) and (3) of this section shall not apply. If a named insured or spouse has rejected underinsured coverage, such coverage shall not be included in any supplemental or renewal policy unless a named insured or spouse subsequently requests such coverage in writing. The requirement of a written rejection under this subsection shall apply only to the original issuance of policies issued after July 24, 1983, and not to any renewal or replacement policy.

                                                                                                                            (5) The limit of liability under the policy coverage may be defined as the maximum limits of liability for all damages resulting from any one accident regardless of the number of covered persons, claims made, or vehicles or premiums shown on the policy, or premiums paid, or vehicles involved in an accident.

                                                                                                                            (6) The policy may provide that if an injured person has other similar insurance available to him under other policies, the total limits of liability of all coverages shall not exceed the higher of the applicable limits of the respective coverages.

                                                                                                                            (7)(a) The policy may provide for a deductible of not more than three hundred dollars for payment for property damage when the damage is caused by a hit-and-run driver or a phantom vehicle.

(b) In all other cases of underinsured property damage coverage, the policy may provide for a deductible of not more than one hundred dollars.

(8) For the purposes of this chapter, a "phantom vehicle" shall mean a motor vehicle which causes bodily injury, death, or property damage to an insured and has no physical contact with the insured or the vehicle which the insured is occupying at the time of the accident if:

(a) The facts of the accident can be corroborated by competent evidence other than the testimony of the insured or any person having an underinsured motorist claim resulting from the accident; and

(b) The accident has been reported to the appropriate law enforcement agency within seventy-two hours of the accident.

(9) An insurer who elects to write motorcycle or motor-driven cycle insurance in this state must provide information to prospective insureds about the coverage.

(10) If the covered person seeking underinsured motorist coverage under this section was the intended victim of the tortfeasor, the incident must be reported to the appropriate law enforcement agency and the covered person must cooperate with any related law enforcement investigation.

(11) The purpose of this section is to protect innocent victims of motorists of underinsured motor vehicles. Covered persons are entitled to coverage without regard to whether an incident was intentionally caused. A person is not entitled to coverage if the insurer can demonstrate that the covered person intended to cause the damage for which underinsured motorists' coverage is sought. As used in this section, and in the section of policies providing the underinsured motorist coverage described in this section, "accident" means an occurrence that is unexpected and unintended from the standpoint of the covered person.

(12) "Underinsured coverage," for the purposes of this section, means coverage for "underinsured motor vehicles," as defined in subsection (1) of this section."

On page 1, line 2 of the title, after "motorists;" strike the remainder of the title and insert "and amending RCW 48.22.030."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 2415 and advanced the bill as amended by the Senate to final passage.

{{43017}}FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

Representatives Kirby and Roach spoke in favor the passage of the bill.

The Speaker (Representative Linville presiding) stated the question before the House to be final passage of Substitute House Bill No. 2415, as amended by the Senate.

{{43018}}ROLL CALL

                                                                                                               The Clerk called the roll on the final passage of Substitute House Bill No. 2415, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Excused - 1.

                                                                                                               Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

                                                                                                               Excused: Representative Schual-Berke - 1.

                                                                                                               SUBSTITUTE HOUSE BILL NO. 2415, as amended by the Senate, having received the constitutional majority, was declared passed.

{{43019}}                                                                                                                           MESSAGE FROM THE SENATE

February 28, 2006

Mr. Speaker:

                                                                                                               The Senate has passed SUBSTITUTE HOUSE BILL NO. 2471, with the following amendment:

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

                                                                                                                            "Sec. 1. RCW 41.04.007 and 2005 c 251 s 1 and 2005 c 216 s 7 are each reenacted and amended to read as follows:

                                                                                                                            "Veteran" includes every person, who at the time he or she seeks the benefits of RCW 46.16.30920, 72.36.030, 41.04.010, 73.04.090, 73.04.110, 73.08.010, 73.08.060, 73.08.070, ((or)) 73.08.080, or section 1 of this act has received an honorable discharge or received a discharge for medical reasons with an honorable record, where applicable, and who has served in at least one of the following capacities:

                                                                                                                            (1) As a member in any branch of the armed forces of the United States, including the national guard and armed forces reserves, and has fulfilled his or her initial military service obligation;

                                                                                                                            (2) As a member of the women's air forces service pilots;

                                                                                                                            (3) As a member of the armed forces reserves, national guard, or coast guard, and has been called into federal service by a presidential select reserve call up for at least one hundred eighty cumulative days;

                                                                                                                            (4) As a civil service crewmember with service aboard a U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941, through December 31, 1946;

(5) As a member of the Philippine armed forces/scouts during the period of armed conflict from December 7, 1941, through August 15, 1945; or

(6) A United States documented merchant mariner with service aboard an oceangoing vessel operated by the department of defense, or its agents, from both June 25, 1950, through July 27, 1953, in Korean territorial waters and from August 5, 1964, through May 7, 1975, in Vietnam territorial waters, and who received a military commendation."

On page 1, line 1 of the title, after "program;" insert "reenacting and amending RCW 41.04.007;"

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 2471 and advanced the bill as amended by the Senate to final passage.

{{43020}}FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

Representatives Miloscia and McCune spoke in favor the passage of the bill.

The Speaker (Representative Linville presiding) stated the question before the House to be final passage of Substitute House Bill No. 2471, as amended by the Senate.

{{43021}}ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2471, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

Excused: Representative Schual-Berke - 1.

                                                                                                               SUBSTITUTE HOUSE BILL NO. 2471, as amended by the Senate, having received the constitutional majority, was declared passed.

{{43022}}                                                                                                                           MESSAGE FROM THE SENATE

March 1, 2006

Mr. Speaker:

                                                                                                               The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 2498, with the following amendment:

                                                                                                                            Strike everything after the enacting clause and insert the following:

                                                                                                                            "Sec. 1. RCW 43.330.090 and 2005 c 136 s 14 are each amended to read as follows:

                                                                                                                            (1) The department shall work with private sector organizations, industry and cluster associations, federal agencies, state agencies that use a cluster-based approach to service delivery, local governments, local associate development organizations, and higher education and training institutions ((to assist)) in the development of industry cluster-based strategies to diversify the economy, facilitate technology transfer and diffusion, and increase value-added production ((by focusing on targeted sectors)). The industry clusters targeted ((sectors)) by the department may include, but are not limited to, ((software, forest products, biotechnology, environmental industries, recycling markets and waste reduction, aerospace, food processing, tourism, film and video, microelectronics, new materials, robotics, and machine tools)) aerospace, agriculture, food processing, forest products, marine services, health and biomedical, software, digital and interactive media, transportation and distribution, and microelectronics. The department shall, on a continuing basis, evaluate the potential return to the state from devoting additional resources to ((a targeted sector's)) an industry cluster-based approach to economic development and ((including)) identifying and assisting additional ((sectors in its efforts)) clusters. The department shall use information gathered in each service delivery region in formulating its ((sectoral)) industry cluster-based strategies and ((in designating new targeted sectors)) shall assist local communities in identifying regional industry clusters and developing industry cluster-based strategies.

                                                                                                                            (2) The department shall pursue a coordinated program to expand the tourism industry throughout the state in cooperation with the public and private tourism development organizations. The department, in operating its tourism program, shall:

                                                                                                                            (a) Promote Washington as a tourism destination to national and international markets to include nature-based and wildlife viewing tourism;

                                                                                                                            (b) Provide information to businesses and local communities on tourism opportunities that could expand local revenues;

                                                                                                                            (c) Assist local communities to strengthen their tourism partnerships, including their relationships with state and local agencies;

                                                                                                                            (d) Provide leadership training and assistance to local communities to facilitate the development and implementation of local tourism plans;

                                                                                                                            (e) Coordinate the development of a statewide tourism and marketing plan. The department's tourism planning efforts shall be carried out in conjunction with public and private tourism development organizations including the department of fish and wildlife and other appropriate agencies. The plan shall specifically address mechanisms for: (i) Funding national and international marketing and nature-based tourism efforts; (ii) interagency cooperation; and (iii) integrating the state plan with local tourism plans.

(3) The department may, in carrying out its efforts to expand the tourism industry in the state:

(a) Solicit and receive gifts, grants, funds, fees, and endowments, in trust or otherwise, from tribal, local or other governmental entities, as well as private sources, and may expend the same or any income therefrom for tourism purposes. All revenue received for tourism purposes shall be deposited into the tourism development and promotion account created in RCW 43.330.094;

(b) Host conferences and strategic planning workshops relating to the promotion of nature-based and wildlife viewing tourism;

(c) Conduct or contract for tourism-related studies;

(d) Contract with individuals, businesses, or public entities to carry out its tourism-related activities under this section;

(e) Provide tourism-related organizations with marketing and other technical assistance;

(f) Evaluate and make recommendations on proposed tourism-related policies.

(4)(a) The department shall promote, market, and encourage growth in the production of films and videos, as well as television commercials within the state; to this end the department is directed to assist in the location of a film and video production studio within the state.

(b) The department may, in carrying out its efforts to encourage film and video production in the state, solicit and receive gifts, grants, funds, fees, and endowments, in trust or otherwise, from tribal, local, or other governmental entities, as well as private sources, and may expend the same or any income therefrom for the encouragement of film and video production. All revenue received for such purposes shall be deposited into the film and video promotion account created in RCW 43.330.092.

(5) In assisting in the development of ((a targeted sector)) regional and statewide industry cluster-based strategies, the department's activities ((may)) shall include, but are not limited to:

(a) ((Conducting)) Facilitating regional focus group discussions((, facilitating meetings,)) and conducting studies to identify ((members of the sector)) industry clusters, appraise the current ((state of the sector)) information linkages within a cluster, and identify issues of common concern within ((the sector)) a cluster;

(b) Supporting ((the formation of)) industry and cluster associations, publications of association and cluster directories, and related efforts to create or expand the activities ((or)) of industry and cluster associations;

(c) ((Assisting in the formation of flexible networks by providing (i) agency employees or private sector consultants trained to act as flexible network brokers and (ii) funding for potential flexible network participants for the purpose of organizing or implementing a flexible network;

(d) Helping establish research consortia;

(e) Facilitating joint training and education programs;

(f) Promoting cooperative market development activities;

(g) Analyzing the need, feasibility, and cost of establishing product certification and testing facilities and services; and

(h) Providing for methods of electronic communication and information dissemination among firms and groups of firms to facilitate network activity)) Administering a competitive grant program to fund activities designed to further regional cluster growth. In administering the program, the department shall work with an industry cluster advisory committee with equal representation from the work force training and education coordinating board, the state board for community and technical colleges, the employment security department, business, and labor.

                                                                                                                            (i) The industry cluster advisory committee shall recommend criteria for evaluating applications for grant funds and recommend applicants for receipt of grant funds.

                                                                                                                            (ii) Applicants must include organizations from at least two counties and participants from the local business community. Eligible organizations include, but are not limited to, local governments, economic development councils, chambers of commerce, federally recognized Indian tribes, work force development councils, and educational institutions.

                                                                                                                            (iii) Applications must evidence financial participation of the partner organizations.

                                                                                                                            (iv) Priority shall be given to applicants which will use the grant funds to build linkages and joint projects, to develop common resources and common training, and to develop common research and development projects or facilities.

                                                                                                                            (v) The maximum amount of a grant is one hundred thousand dollars.

                                                                                                                            (vi) A maximum of one hundred thousand dollars total can go to King, Pierce, Kitsap, and Snohomish counties combined.

                                                                                                                            (vii) No more than ten percent of funds received for the grant program may be used by the department for administrative costs.

                                                                                                                            (6) As used in subsection (5) of this section, "industry cluster" means a geographic concentration of interdependent competitive firms that do business with each other. "Industry cluster" also includes firms that sell inside and outside of the geographic region as well as support firms that supply raw materials, components, and business services."

                                                                                                                            On page 1, line 1 of the title, after "development;" strike the remainder of the title and insert "and amending RCW 43.330.090."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

                                                                                                               There being no objection, the House concurred in the Senate amendment to SECOND SUBSTITUTE HOUSE BILL NO. 2498 and advanced the bill as amended by the Senate to final passage.

{{43023}}                                                                                                                         FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

                                                                                                               Representatives Pettigrew and Kristiansen spoke in favor the passage of the bill.

                                                                                                               The Speaker (Representative Linville presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2498, as amended by the Senate.

{{43024}}                                                                                                                                             ROLL CALL

                                                                                                               The Clerk called the roll on the final passage of Second Substitute House Bill No. 2498, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 95.

Voting nay: Representatives Anderson and Chandler - 2.

Excused: Representative Schual-Berke - 1.

SECOND SUBSTITUTE HOUSE BILL NO. 2498, as amended by the Senate, having received the constitutional majority, was declared passed.

{{43025}}MESSAGE FROM THE SENATE

March 1, 2006

Mr. Speaker:

The Senate has passed SUBSTITUTE HOUSE BILL NO. 2500, with the following amendment:

On page 1, after line 3, insert the following:

"NEW SECTION. Sec. 1. Health carriers are currently required to file statutory annual statements with the office of the insurance commissioner or the national association of insurance commissioners. These annual statements are extensive and contain a significant amount of financial information. These annual statements are public documents; however, such financial information can be complex and difficult to read and understand.

It is the intent of this act to provide a method of reporting certain financial data in a user friendly format. It is also the intent of this act, to the extent possible, to utilize existing information from the annual statements when developing the additional or supplemental data statement required by this act, and to the extent possible, avoid imposing additional reporting requirements that have the unintended consequences of unduly increasing administrative costs for carriers required to file such information."

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

On page 2, after line 27, insert the following:

"(4) For the purposes of licensed disability insurers, the commissioner shall work collaboratively with insurers to develop an additional or supplemental data statement that utilizes to the maximum extent possible information from the annual statement forms that are currently filed by these entities."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

                                                                                                               There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 2500 and advanced the bill as amended by the Senate to final passage.

{{43026}}                                                                                                                         FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

                                                                                                               Representatives Green and Hinkle spoke in favor the passage of the bill.

                                                                                                               The Speaker (Representative Linville presiding) stated the question before the House to be final passage of Substitute House Bill No. 2500, as amended by the Senate.

{{43027}}                                                                                                                                             ROLL CALL

                                                                                                               The Clerk called the roll on the final passage of Substitute House Bill No. 2500, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Excused - 1.

                                                                                                               Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 96.

                                                                                                               Voting nay: Representative Chandler - 1.

                                                                                                               Excused: Representative Schual-Berke - 1.

                                                                                                               SUBSTITUTE HOUSE BILL NO. 2500, as amended by the Senate, having received the constitutional majority, was declared passed.

{{43028}}                                                                                                                           MESSAGE FROM THE SENATE

February 28, 2006

Mr. Speaker:

The Senate has passed HOUSE BILL NO. 2544, with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. Pursuant to chapter 43.155 RCW, the following project loans recommended by the public works board are authorized to be made with funds appropriated from the public works assistance account:

(1) Alderwood water and wastewater district--sanitary sewer project--upgrade the picnic point wastewater treatment facility and increase the maximum month flow capacity from three million gallons per day to six million gallons per day by improving the fine screening, vortex grit removal, membrane bioreactor, and ultraviolet

disinfection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$7,000,000

(2) Arlington--sanitary sewer project--improve the solids handling capacity of the wastewater treatment plant, expand the capacity of both the solids processing and liquid treatment portions of the plant, and alter the type of treatment process. . . . $7,000,000

(3) Bainbridge Island--sanitary sewer project--construct an enclosed building to house the headworks equipment, construct a new building to house solid handling equipment, convert aeration for both basins from surface aeration to diffused air, add solid storage basins, upgrade two existing clarifiers and associated return activated sludge pumps, construct vactor decanting station, and replace existing electrical system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,564,500

(4) Bellingham--domestic water project--remove an aging diversion dam and replace its function with a withdrawal structure built into the river that will not impede the natural flow of the river to restore runs of two endangered species to the upper reaches of the middle fork of the Nooksack river and connect it with the existing

system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,400,000

(5) Birch Bay water and sewer district--sanitary sewer project--replace the sanitary sewer force main from pump station number 3 to the wastewater treatment plant and divert a portion of the districts sewer flow around pump station number 4 directly to pump station number 3 resulting in a twenty-six percent increase in sanitary sewer conveyance capacity. . . . . . . . . . . . . . . . . . . . . . . $2,305,625

(6) Buckley--sanitary sewer project--construction of a dewatering building to house a belt filter press sludge dewatering machine, rebuild and expand the wastewater treatment plant to provide nutrient removal and accommodate the wastewater from Rainier school and anticipated growth over the next twenty years, and construction of a gravity interceptor. Improvements to the plant include enclosed headworks with fine screens, grit removal, flow measurement and sampling, biological nutrient removal activated sludge process with new anaerobic basins, anoxic basins, and aeration basins, activated sludge clarifiers, and return sludge pumping, followed by ultraviolet light disinfection. . . . $7,000,000

(7) Enumclaw--sanitary sewer project--upgrade and expand the existing wastewater treatment plant including new headworks, new extended aeration activated sludge basins, new anaerobic/anoxic basins for phosphorus removal and denitrification, two additional secondary clarifiers, chemical facilities for additional phosphorus removal in the existing secondary clarifiers, sludge dewatering and stabilization facilities, enlarged laboratory area, increasing capacity to accommodate projected urban growth through 2022. $5,700,000

(8) Everett--sanitary sewer project--limit biochemical oxygen demand loads of the wastewater flowing into the aeration ponds to less than 20,000 pounds per day by construction of a new treatment process in the wastewater stream by constructing the primary clarifiers that will feed up to 21,000,000 gallons per day to the trickling filters for additional treatment, eliminate the use of chlorine gas and replace it with a twelve percent sodium hypochlorite solution, construct a new 4.8 acre solids handling area to process biosolids, and modifications to the laboratory and operations room

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$7,000,000

                                                                                                                            (9) Holmes Harbor sewer district--sanitary sewer project--modify the existing wastewater treatment plant and related systems to include 1,500,000 gallons of storage for incompletely treated effluent, including appurtenant pumping, piping, and control

systems. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $950,000

                                                                                                                            (10) King county water district number 54--domestic water project--replace and dispose of an eight-inch water distribution line and an abandoned six-inch water line as part of a project to replace a fill and box culvert with a bridge across Des Moines creek that will improve fish migration and alleviate excess pooling and flooding, provide a temporary line during construction, and install a permanent twelve-inch line under the new bridge. . . . . . . . . . . . . . . . $150,300

                                                                                                                            (11) Kitsap county sewer district number 7--sanitary sewer project--upgrade and add capacity to the wastewater treatment plant by adding a second aeration basin, changing the existing aeration from a floating aerator to fine bubble diffusers, add a third clarifier, change influent screening from bars to a fine screen, add a second bank of ultraviolet lights, add a third return activated sludge pump, add a second sludge digester, and construct a utility building to house the equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,288,000

                                                                                                                            (12) Lake Stevens--sanitary sewer project--construction of a membrane bioreactor tertiary wastewater treatment plant outside the flood plain, construction of an interceptor line and pump station to intercept and redirect existing flows to the new plant, and associated easement acquisition, permit fees, construction management services, and startup and operation and maintenance manuals. . . $7,000,000

                                                                                                                            (13) Lakehaven utility district--sanitary sewer project--remove/replace and/or line approximately 1,030 feet of the existing outfall pipe starting from 100 feet inland to the end of the existing outfall, and extend the existing/new outfall from the previous end point approximately 800 feet further into Puget Sound to ensure the protection of shellfish beds in the area. . . . . . . . . . . $2,400,000

                                                                                                                            (14) Malaga water district--domestic water project--design and construction of two pump stations, an approximately 60,000 gallon reservoir, approximately 11,000 feet of transmission/distribution main, a pressure reducing station, and other water system

appurtenances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,064,950

                                                                                                                            (15) Mercer Island--sanitary sewer project--install approximately 16,000 feet of eight to sixteen-inch sewer main and 7,000 feet of six-inch side sewer laterals in Lake Washington along the north and northwest shoreline, replace and modify two pump stations, extend and connect side sewer laterals to the new main, finalize easements with approximately seventy-five property owners, install approximately ten maintenance manholes and cleanouts, and environmental

mitigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$7,000,000

                                                                                                                            (16) Mill Creek--road project--replace existing culverts carrying Penny creek under Mill Creek Road with a new bridge structure in a different location by drilling piers along the outer edge of the alignment, installing pipe caps and precast concrete bridge deck panels, excavating under the panels, installing timber lagging as the excavation progresses, and constructing concrete walls over the lagging, reroute the streambed with some wetland mitigation work, relocate existing water line, and plugging and abandoning the existing culvert. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $921,500

(17) Mount Vernon--sanitary sewer project--construction of the phase one improvements for the wastewater treatment facility including a new pretreatment (grit and debris screening) facility, two additional primary clarifiers, upgrade of the existing aeration basins, two additional secondary clarifiers, an ultraviolet disinfection system for the effluent (replacing chlorine gas system), and an extensive odor control system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,000,000

(18) Moxee--sanitary sewer project--construct approximately 13,500 feet of wastewater conveyance piping and appurtenances along state route number 24 from Moxee to Riverside Road, discharging to a new lift station owned and operated by the Terrace Heights sewer

district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,000,000

(19) Mukilteo--storm sewer project--construct approximately 16,500 feet of new eighteen to forty-eight inch storm water conveyance pipeline to transfer high storm water flows from Smugglers Gulch and Big Gulch stream channels, restoring the stream channel, associated fish and wildlife habitat, and adjacent infrastructure, as well as provide mitigation for disturbed wetlands

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,587,200

(20) North Bend--domestic water project--drilling, testing, and development of a new municipal supply well for the perfection of a new water right application with the department of ecology to supply the city and urban growth area with needed additional water, construction of approximately 21,200 lineal foot twelve-inch diversion pipeline from the south fork Tolt river reservoir to the north fork Snoqualmie

river. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,474,675

(21) North Bonneville--sanitary sewer project--install a new headworks screen in the existing headworks structure, install a new clarifier, including piping modifications, in the existing sewer treatment plant, and painting existing metal surfaces in the existing treatment plant unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$450,000

(22) Oak Harbor--domestic water project--design and construction of approximately 5,700 feet of twenty-four inch diameter ductile iron water transmission main along highway 20 between Pass Lake and Sharpe's Corner as a replacement for existing water transmission main being destroyed as a result of planned highway construction. . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,694,500

(23) Okanogan county--sanitary sewer project--construction, right of way acquisition and engineering for gravity and pressure pipe, lift stations, telemetry, treatment plant improvements, and associated facilities, water system improvements including supply main, fire hydrants, air/vac facilities, storage, booster pumping, telemetry, and applicable appurtenances. . . . . . . . . . . . .$7,000,000

(24) Othello--road project--reconstruct 1,850 lineal feet of arterial truck route (Broadway Avenue), to include surface, subsurface, and impacted utilities, improved to heavy truck traffic standards, retaining the existing sidewalks, curbs, and gutters

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $555,000

(25) Pullman--sanitary sewer project--construction of a new, approximately 500,000 gallon, variable volume digester at the wastewater treatment plant including site preparation, construction of the digester, necessary piping modifications, upgrades to the existing digesters as required to facilitate the new digester, and modifications to the plant's existing electrical and supervisory control

system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,870,000

(26) Sammamish Plateau water and sewer district--domestic water project--design and construction of a new approximately 6.2 million gallon per day water treatment facility to remove arsenic, hydrogen sulfide, iron and manganese, and silica. . . . . .$2,843,250

                                                                                                                            (27) Sedro-Woolley--sanitary sewer project--construction of approximately 29,700 linear feet of eight to thirty-inch pipes, and the design of two sewer pump stations. . . . . . . . . . . . . . . . . $7,000,000

                                                                                                                            (28) Stanwood--domestic water project--prepare a feasibility study, well desktop treatment study, and a preliminary engineering report to determine the most cost-effective water system improvements, the most effective well treatment methods, and outlining the principal design criteria for all planned facilities, conduct a pilot plant study to confirm effectiveness of treatment and provide/confirm design criteria, obtain all necessary permits, prepare plans, specifications, and cost estimates for all improvements, construct a new treatment plant for the removal of arsenic, manganese, and hydrogen sulfide, construct approximately 500 lineal feet of new transmission water main, and approximately 1,500 linear feet of new distribution water mains to connect to the existing system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,194,733

                                                                                                                            (29) Stanwood--sanitary sewer project--parallel existing sewer alignment with approximately 4,000 lineal feet of thirty-inch sewer pipe in the same right of way corridor as the existing fourteen-inch interceptor and have a flow capacity of 6.5 million gallons a day sufficient to handle the projected 5.8 million gallons a day build outflow, and the replacement of the existing eight and twelve-inch water mains. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,031,500

                                                                                                                            (30) Tenino--sanitary sewer project--construction of a new wastewater treatment plant and collection system with a membrane bioreactor treatment plant with a capacity of 360,000 gallons per day that will produce Class A reclaimed water, and approximately 68,516 lineal feet of one and one-half to six-inch diameter pipe and 784 individual grinder pumps. . . . . . . . . . . . . . . . . . . . . . . . .$7,000,000

                                                                                                                            (31) Terrace Heights sewer district--sanitary sewer project--construct a new lift station with a capacity of approximately 4,400 gallon per minute, approximately 11,700 feet of twelve-inch diameter force mains from the new lift station to the Yakima regional wastewater treatment facility, and approximately 4,200 feet of eight-inch diameter gravity sewer main. . . . . . . . . . . . . . . . . . $3,655,000

                                                                                                                            (32) Union Gap--sanitary sewer project--replace approximately 3,800 feet of sewer line, institute hydrogen sulfide control measures at the master lift station to reduce corrosion problems, complete eight sewer pipeline point repairs, replace seven manholes, install manhole shields on forty-five manholes located in areas of potential flooding, investigate sixteen side sewer connections, conduct an inflow evaluation during the next flooding event, and visually inspect previously uninspected portions of the system. . . . . . . . $1,037,000

                                                                                                                            (33) Val Vue sewer district--sanitary sewer project--replace approximately 11,000 linear feet of pipe and associated side sewers, construction of approximately 1,900 linear feet of replacement main line sewers, construction of approximately 1,600 linear feet of sewer main replacement, replacement of approximately 300 linear feet of main, replacement of approximately 120 side sewer stubs, and improvements to a pump station by the addition of an emergency power

generator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,554,700

                                                                                                                            (34) Whitworth water district number 2--domestic water project--install approximately 11,900 feet of sixteen-inch water pipe, 22,440 feet of twelve-inch water pipe, 4,140 feet of eight-inch water pipe together with valves, fire hydrants, and other appurtenances, and construct an approximately two million gallon ground level steel water reservoir, complete with access road, valving, level controls, and other appurtenances. . . . . . . . . . . . . . . . . . . . . . . . . $3,496,600

                                                                                                                            (35) Zillah--sanitary sewer project--construct wastewater facility improvements including a new screening system, construct a new aeration basin of approximately 159,000 gallons, install baffles in both clarifiers and replace the 28-year-old mechanical components of clarifier number 1, install a positive displacement pump in the aerobic digester building for automated daily sludge wasting, replace the existing ultraviolet system with a new and larger system, construct an effluent pump station to accommodate design peak hour flow, replace the submerged turbine aerators with fine bubble diffusers, and provide 480 volt service to all process electrical equipment, and eliminate dual voltage system now found at the plant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,295,000

(36) Auburn--sanitary sewer project--replace approximately 13,100 linear feet of 10, 12, and 15 inch concrete pipes with 24, 27, and 36 inch sewer pipes to handle existing and future wastewater flows. Removal of eight pressure reducing valves on a water transmission line and storm system revisions. . . . . . . . . $3,500,000

(37) Battle Ground--sanitary sewer project--upgrades at Salmon Creek treatment plant to achieve added capacity and security. Construction of the new Klineline sewer pump station and approximately five miles of force main system to accommodate future pumping capacity needs

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,000,000

(38) Bellevue--road project--improve a section of NE 24th Street including widening the roadway to add five-foot bike lanes, constructing curb, gutter, and sidewalk, and introduce calming elements. The project is designed to improve safety by reducing areas of conflict between vehicular and nonmotorized traffic by reducing overall speeds. . . . . . . . . . . . . . . . . . . . . . . . . . . .$750,000

(39) Burien--storm sewer project--construct approximately 1,450 linear feet of 30 to 42 inch and approximately 300 linear feet of 24 inch storm water trunk lines to eliminate flooding in downtown Burien during a 25-year storm event. Modify and expand the Ambaum regional detention pond to accommodate peak flows and to control the release of storm water in order to protect downstream habitat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,547,000

(40) Clark public utilities--domestic water project--construct a 1,000 gallon per minute water supply well, construct and paint an approximately 300,000 gallon reservoir, install a 500 gallon per minute booster station, and replace approximately 90,000 feet of undersized and deteriorated water line. These projects will increase fire flow and generally improve the performance and reliability of the system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5,087,250

(41) Edmonds--road project--provide the necessary slope stability and improve the integrity of approximately 300 feet of roadway section that has been slowly moving down the hill toward a house due to slope failure. . . . . . . . . . . . . . . . . . . . . . . . $624,750

(42) Franklin County--road project--pave approximately 30 miles of gravel roads throughout the county to save wear and tear on the public's vehicles and savings in annual costs for maintenance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,500,000

(43) Ilwaco--sanitary sewer project--replace a sewage pump station and renovate another sewage pump station, both of which are 35 years old to meet the department of ecology's requirements and save approximately $13,000 every three years. . . . . . . . . .$237,960

(44) Lakewood--sanitary sewer project--construct three pump stations, approximately 17,200 linear feet of force main, approximately 13,500 linear feet of gravity collector pipeline, and approximately 320 side sewer stubs to eliminate septic systems in the American Lake gardens and Tillicum neighborhoods. . .$5,000,000

(45) Olympus terrace sewer district--sanitary sewer project--construction of approximately 8,000 linear feet of trunk pipeline and approximately 16,500 linear feet of storm water conveyance pipeline to prevent high storm water flows from further eroding stream channels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$7,000,000

                                                                                                                            (46) Seattle--storm sewer project--install approximately 2,860 feet of storm drain and approximately 6,800 feet of pipe to alleviate chronic flooding problems for at least 38 businesses and several residences in South Park. . . . . . . . . . . . . . . . . . . . . . . . . $5,000,000

                                                                                                                            (47) Southwest suburban sewer district--sanitary sewer project--replace/rehabilitate approximately 16,700 linear feet of sewer mains to reduce environmental and public health issues associated with sewer backups. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,910,000

                                                                                                                            (48) Stevenson--domestic water project--replace a failing, unsafe, and hazardous pump station to address fire flow requirements, convert the vacated pump station into additional water reservoir storage, and install approximately 6,250 feet of transmission main to eliminate leaks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $795,000

                                                                                                                            (49) Tacoma--domestic water project--construction of an ozonation treatment plant capable of treating approximately 168 million gallons per day that will provide disinfection and taste and odor compound control. . . . . . . . . . . . . . . . . . . . . . . . . . $7,000,000

                                                                                                                            (50) Vancouver--road project--widen approximately 5,000 linear feet of NE 138th Street to four lanes with center left turn lane, bike lanes, sidewalks, street lighting, and landscaping to increase capacity and safety, and upgrade traffic control. . . . . . . . . . . . . . $2,200,000

                                                                                                                            (51) Washougal--sanitary sewer project--replace a pump station with approximately 6,250 linear feet of force and gravity mains, extending approximately 2,200 linear feet of gravity sewer, and extension of approximately 2,000 linear feet of interceptor sewer. The improvements protect the water quality of the Washougal River and serve the projected 20-year growth of the area. . . . .$2,070,000

                                                                                                                            NEW SECTION. Sec. 2. For any project on the proposed public works board recommended project list in section 1 of this act that replaces a water line over a creek, and where the project need and timeline are being determined by a state agency and the city within its boundaries, the jurisdiction may be reimbursed for expenses incurred prior to the execution of the loan agreement.

                                                                                                                            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."

                                                                                                                            On page 1, line 2 of the title, after "board;" strike the remainder of the title and insert "creating new sections; and declaring an emergency."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

                                                                                                               There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 2544 and advanced the bill as amended by the Senate to final passage.

{{43029}}                                                                                                                         FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

                                                                                                               Representatives Ormsby and Jarrett spoke in favor the passage of the bill.

The Speaker (Representative Linville presiding) stated the question before the House to be final passage of House Bill No. 2544, as amended by the Senate.

{{43030}}ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2544, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods, and Mr. Speaker - 97.

Excused: Representative Schual-Berke - 1.

HOUSE BILL NO. 2544, as amended by the Senate, having received the constitutional majority, was declared passed.

{{43031}}MESSAGE FROM THE SENATE

March 2, 2006

Mr. Speaker:

The Senate has passed HOUSE BILL NO. 2567, with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 9.91 RCW to read as follows:

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

(a) "Iodine matrix" means iodine at a concentration greater than two percent by weight in a matrix or solution.

(b) "Matrix" means something, as a substance, in which something else originates, develops, or is contained.

(c) "Methylsulfonylmethane" means methylsulfonylmethane in its powder form only, and does not include products containing methylsulfonylmethane in other forms such as liquids, tablets, capsules not containing methylsulfonylmethane in pure powder form, ointments, creams, cosmetics, foods, and beverages.

(2) Any person who knowingly purchases in a thirty-day period or possesses any quantity of iodine in its elemental form, an iodine matrix, or more than two pounds of methylsulfonylmethane is guilty of a gross misdemeanor, except as provided in subsection (3) of this section.

                                                                                                                            (3) Subsection (2) of this section does not apply to:

                                                                                                                            (a) A person who possesses iodine in its elemental form or an iodine matrix as a prescription drug, under a prescription issued by a licensed veterinarian, physician, or advanced registered nurse practitioner;

                                                                                                                            (b) A person who possesses iodine in its elemental form, an iodine matrix, or any quantity of methylsulfonylmethane in its powder form and is actively engaged in the practice of animal husbandry of livestock;

                                                                                                                            (c) A person who possesses iodine in its elemental form or an iodine matrix in conjunction with experiments conducted in a chemistry or chemistry-related laboratory maintained by a:

                                                                                                                            (i) Public or private secondary school;

                                                                                                                            (ii) Public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States department of education;

                                                                                                                            (iii) Manufacturing facility, government agency, or research facility in the course of lawful business activities;

                                                                                                                            (d) A veterinarian, physician, advanced registered nurse practitioner, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, or an agent of any of these persons who possesses iodine in its elemental form, an iodine matrix, or methylsulfonylmethane in its powder form in the regular course of lawful business activities; or

                                                                                                                            (e) A person working in a general hospital who possesses iodine in its elemental form or an iodine matrix in the regular course of employment at the hospital.

                                                                                                                            (4) Any person who purchases any quantity of iodine in its elemental form, an iodine matrix, or any quantity of methylsulfonylmethane must present an identification card or driver's license issued by any state in the United States or jurisdiction of another country before purchasing the item.

                                                                                                                            (5) The Washington state patrol shall develop a form to be used in recording transactions involving iodine in its elemental form, an iodine matrix, or methylsulfonylmethane. A person who sells or otherwise transfers any quantity of iodine in its elemental form, an iodine matrix, or any quantity of methylsulfonylmethane to a person for any purpose authorized in subsection (3) of this section must record each sale or transfer. The record must be made on the form developed by the Washington state patrol and must be retained by the person for at least three years. The Washington state patrol or any local law enforcement agency may request access to the records:

                                                                                                                            (a) Failure to make or retain a record required under this subsection is a misdemeanor.

                                                                                                                            (b) Failure to comply with a request for access to records required under this subsection to the Washington state patrol or a local law enforcement agency is a misdemeanor."

                                                                                                                            On page 1, line 1 of the title, after "precursors;" strike the remainder of the title and insert "adding a new section to chapter 9.91 RCW; and prescribing penalties."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 2567 and advanced the bill as amended by the Senate to final passage.

{{43032}}FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

Representatives O'Brien and Pearson spoke in favor the passage of the bill.

The Speaker (Representative Linville presiding) stated the question before the House to be final passage of House Bill No. 2567, as amended by the Senate.

{{43033}}ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2567, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 96.

Voting nay: Representative Nixon - 1.

Excused: Representative Schual-Berke - 1.

HOUSE BILL NO. 2567, as amended by the Senate, having received the constitutional majority, was declared passed.

{{43034}}MESSAGE FROM THE SENATE

March 2, 2006

Mr. Speaker:

The Senate has passed HOUSE BILL NO. 2606, with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 35.21 RCW to read as follows:

                                                                                                                            (1) Except as otherwise prohibited by law, a volunteer member of any fire department who does not serve as fire chief for the department may be:

                                                                                                                            (a) A candidate for elective public office and serve in that public office if elected; or

                                                                                                                            (b) Appointed to any public office and serve in that public office if appointed.

                                                                                                                            (2) For purposes of this section, "volunteer" means a member of any fire department who performs voluntarily any assigned or authorized duties on behalf of or at the direction of the fire department without receiving compensation or consideration for performing such duties.

                                                                                                                            (3) For purposes of this section, "compensation" and "consideration" do not include any benefits the volunteer may have accrued or is accruing under chapter 41.24 RCW.

                                                                                                                            NEW SECTION. Sec. 2. A new section is added to chapter 52.30 RCW to read as follows:

                                                                                                                            (1) Except as otherwise prohibited by law, a volunteer member of any fire protection district who does not serve as fire chief for the district may be:

                                                                                                                            (a) A candidate for elective public office and serve in that public office if elected; or

                                                                                                                            (b) Appointed to any public office and serve in that public office if appointed.

                                                                                                                            (2) For purposes of this section, "volunteer" means a member of any fire protection district who performs voluntarily any assigned or authorized duties on behalf of or at the direction of the fire protection district without receiving compensation or consideration for performing such duties.

                                                                                                                            (3) For purposes of this section, "compensation" and "consideration" do not include any benefits the volunteer may have accrued or is accruing under chapter 41.24 RCW."

                                                                                                                            On page 1, line 2 of the title, after "office;" strike the remainder of the title and insert "adding a new section to chapter 35.21 RCW; and adding a new section to chapter 52.30 RCW."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL

                                                                                                               There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 2606 and advanced the bill as amended by the Senate to final passage.

{{43035}}                                                                                                                         FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

                                                                                                               Representative Curtis spoke in favor the passage of the bill.

                                                                                                               The Speaker (Representative Linville presiding) stated the question before the House to be final passage of House Bill No. 2606, as amended by the Senate.

{{43036}}                                                                                                                                             ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2606, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

Excused: Representative Schual-Berke - 1.

HOUSE BILL NO. 2606, as amended by the Senate, having received the constitutional majority, was declared passed.

MOTION

{{43684}}On motion of Representative Ericksen, the House immediately reconsidered the vote by which ENGROSSED HOUSE BILL NO. 2322, as amended by the Senate, passed the House.

RECONSIDERATION

The Speaker (Representative Linville presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 2322, as amended by the Senate, on reconsideration.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2322, as amended by the Senate, on reconsideration, and the bill passed the House by the following vote: Yeas - 79, Nays - 18, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Bailey, Blake, Buri, Campbell, Chase, Clements, Clibborn, Cody, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Ericks, Ericksen, Flannigan, Fromhold, Green, Haigh, Haler, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Takko, Tom, Upthegrove, Wallace, Williams, Wood, Woods and Mr. Speaker - 79.

                                                                                                               Voting nay: Representatives Armstrong, Buck, Chandler, Condotta, Cox, Curtis, Dunn, Eickmeyer, Grant, Hinkle, Holmquist, Kristiansen, Newhouse, Orcutt, Pearson, Sump, Talcott and Walsh - 18.

                                                                                                               Excused: Representative Schual-Berke - 1.

                                                                                                               ENGROSSED HOUSE BILL NO. 2322, as amended by the Senate, on reconsideration, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

                                                                                                               I intended to vote YEA on ENGROSSED HOUSE BILL NO. 2322, as amended by the Senate on reconsideration.

J'ANEA HOLMQUIST, 13^th District

                                                                                                               The Speaker (Representative Linville presiding) called upon Representative Lovick to preside.

{{43685}}                                                                                                                          MESSAGES FROM THE SENATE

March 4, 2006

Mr. Speaker:

                                                                                                               The Senate concurred in the House amendments to the following bills:

{{43695}}                                                                                                                                                                                        ENGROSSED SENATE BILL NO. 5232,

SENATE BILL NO. 6059,

SUBSTITUTE SENATE BILL NO. 6188,

SUBSTITUTE SENATE BILL NO. 6234,

SENATE BILL NO. 6248,

SENATE BILL NO. 6373,

SUBSTITUTE SENATE BILL NO. 6377,

SUBSTITUTE SENATE BILL NO. 6555,

SENATE BILL NO. 6568,

and passed the bills as amended by the House.

Brad Hendrickson, Deputy Secretary

March 4, 2006

Mr. Speaker:

                                                                                                               The President has signed:

HOUSE BILL NO. 1305,

ENGROSSED HOUSE BILL NO. 1383,

HOUSE BILL NO. 1471,

SUBSTITUTE HOUSE BILL NO. 1504,

HOUSE BILL NO. 1641,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2056,

HOUSE BILL NO. 2328,

HOUSE BILL NO. 2330,

HOUSE BILL NO. 2366,

HOUSE BILL NO. 2379,

HOUSE BILL NO. 2380,

SUBSTITUTE HOUSE BILL NO. 2394,

SUBSTITUTE HOUSE BILL NO. 2414,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2479,

HOUSE BILL NO. 2520,

HOUSE BILL NO. 2562,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2651,

SUBSTITUTE HOUSE BILL NO. 2670,

HOUSE BILL NO. 2690,

SUBSTITUTE HOUSE BILL NO. 2691,

SUBSTITUTE HOUSE BILL NO. 2713,

SUBSTITUTE HOUSE BILL NO. 2723,

SUBSTITUTE HOUSE BILL NO. 2726,

SUBSTITUTE HOUSE BILL NO. 2780,

SUBSTITUTE HOUSE BILL NO. 2804,

SECOND SUBSTITUTE HOUSE BILL NO. 2805,

HOUSE BILL NO. 2857,

HOUSE BILL NO. 2874,

SUBSTITUTE HOUSE BILL NO. 2876,

SUBSTITUTE HOUSE BILL NO. 2898,

SUBSTITUTE HOUSE BILL NO. 2908,

HOUSE BILL NO. 2932,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2951,

SUBSTITUTE HOUSE BILL NO. 2987,

HOUSE BILL NO. 3001,

HOUSE BILL NO. 3056,

ENGROSSED HOUSE BILL NO. 3074,

SUBSTITUTE HOUSE BILL NO. 3085,

SUBSTITUTE HOUSE BILL NO. 3087,

SUBSTITUTE HOUSE BILL NO. 3120,

SUBSTITUTE HOUSE BILL NO. 3128,

HOUSE BILL NO. 3134,

SUBSTITUTE HOUSE BILL NO. 3137,

HOUSE BILL NO. 3154,

SUBSTITUTE HOUSE BILL NO. 3185,

ENGROSSED HOUSE BILL NO. 3192,

HOUSE BILL NO. 3252,

HOUSE JOINT MEMORIAL NO. 4023,

HOUSE JOINT MEMORIAL NO. 4031,

{{43701}}and the same are herewith transmitted.

Thomas Hoemann, Secretary

March 4, 2006

Mr. Speaker:

The President has signed ENGROSSED SUBSTITUTE SENATE BILL NO. 6885, and the same is herewith transmitted.

Thomas Hoemann, Secretary

March 4, 2006

Mr. Speaker:

The Senate concurred in the House amendments to the following bills:

{{43716}}ENGROSSED SUBSTITUTE SENATE BILL NO. 5385,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6106,

{{43708}}SUBSTITUTE SENATE BILL NO. 6308,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6391,

SUBSTITUTE SENATE BILL NO. 6439,

SUBSTITUTE SENATE BILL NO. 6527,

SUBSTITUTE SENATE BILL NO. 6617,

SENATE BILL NO. 6637,

ENGROSSED SENATE BILL NO. 6661,

SUBSTITUTE SENATE BILL NO. 6840,

{{43720}} and passed the bills as amended by the House.

Thomas Hoemann, Secretary

March 4, 2006

Mr. Speaker:

                                                                                                               The Senate has passed SECOND SUBSTITUTE SENATE BILL NO. 6793, and the same is herewith transmitted.

Brad Hendrickson, Deputy Secretary

{{43724}}                                                                                                               There being no objection, the Rules Committee was relieved of SUBSTITUTE SENATE BILL NO. 6247, and the bill was placed on the Second Reading calendar.

{{43725}}                                                                                                                           MESSAGE FROM THE SENATE

March 1, 2006

Mr. Speaker:

                                                                                                               The Senate has passed HOUSE BILL NO. 2617, with the following amendment:

                                                                                                                            Strike everything after the enacting clause and insert the following:

                                                                                                                            "Sec. 1. RCW 46.16.010 and 2005 c 350 s 1, 2005 c 323 s 2, and 2005 c 213 s 6 are each reenacted and amended to read as follows:

                                                                                                                            (1) It is unlawful for a person to operate any vehicle over and along a public highway of this state without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates therefor as by this chapter provided.

                                                                                                                            (2) Failure to make initial registration before operation on the highways of this state is a traffic infraction, and any person committing this infraction shall pay a penalty of five hundred twenty-nine dollars, no part of which may be suspended or deferred.

                                                                                                                            (3) Failure to renew an expired registration before operation on the highways of this state is a traffic infraction.

                                                                                                                            (4) The licensing of a vehicle in another state by a resident of this state, as defined in RCW 46.16.028, evading the payment of any tax or license fee imposed in connection with registration, is a gross misdemeanor punishable as follows:

                                                                                                                            (a) For a first offense, up to one year in the county jail and payment of a fine of five hundred twenty-nine dollars plus twice the amount of delinquent taxes and fees, no part of which may be suspended or deferred;

                                                                                                                            (b) For a second or subsequent offense, up to one year in the county jail and payment of a fine of five hundred twenty-nine dollars plus four times the amount of delinquent taxes and fees, no part of which may be suspended or deferred;

                                                                                                                            (c) For fines levied under (b) of this subsection, an amount equal to the avoided taxes and fees owed will be deposited in the vehicle licensing fraud account created in the state treasury;

                                                                                                                            (d) The avoided taxes and fees shall be deposited and distributed in the same manner as if the taxes and fees were properly paid in a timely fashion.

                                                                                                                            (5) These provisions shall not apply to the following vehicles:

                                                                                                                            (a) Motorized foot scooters;

                                                                                                                            (b) Electric-assisted bicycles;

                                                                                                                            (c) Off-road vehicles operating on nonhighway roads under RCW 46.09.115;

                                                                                                                            (d) Farm vehicles if operated within a radius of fifteen miles of the farm where principally used or garaged, farm tractors and farm implements including trailers designed as cook or bunk houses used exclusively for animal herding temporarily operating or drawn upon the public highways, and trailers used exclusively to transport farm implements from one farm to another during the daylight hours or at night when such equipment has lights that comply with the law;

(e) Spray or fertilizer applicator rigs designed and used exclusively for spraying or fertilization in the conduct of agricultural operations and not primarily for the purpose of transportation, and nurse rigs or equipment auxiliary to the use of and designed or modified for the fueling, repairing, or loading of spray and fertilizer applicator rigs and not used, designed, or modified primarily for the purpose of transportation;

(f) Fork lifts operated during daylight hours on public highways adjacent to and within five hundred feet of the warehouses which they serve: PROVIDED FURTHER, That these provisions shall not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks;

(g) "Trams" used for transporting persons to and from facilities related to the horse racing industry as regulated in chapter 67.16 RCW, as long as the public right-of-way routes over which the trams operate are not more than one mile from end to end, the public rights-of-way over which the tram operates have an average daily traffic of not more than 15,000 vehicles per day, and the activity is in conformity with federal law. The operator must be a licensed driver and at least eighteen years old. For the purposes of this section, "tram" also means a vehicle, or combination of vehicles linked together with a single mode of propulsion, used to transport persons from one location to another;

(h) "Special highway construction equipment" defined as follows: Any vehicle which is designed and used primarily for grading of highways, paving of highways, earth moving, and other construction work on highways and which is not designed or used primarily for the transportation of persons or property on a public highway and which is only incidentally operated or moved over the highway. It includes, but is not limited to, road construction and maintenance machinery so designed and used such as portable air compressors, air drills, asphalt spreaders, bituminous mixers, bucket loaders, track laying tractors, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting plants, welders, pumps, power shovels and draglines, self-propelled and tractor-drawn earth moving equipment and machinery, including dump trucks and tractor-dump trailer combinations which either (i) are in excess of the legal width, or (ii) which, because of their length, height, or unladen weight, may not be moved on a public highway without the permit specified in RCW 46.44.090 and which are not operated laden except within the boundaries of the project limits as defined by the contract, and other similar types of construction equipment, or (iii) which are driven or moved upon a public highway only for the purpose of crossing such highway from one property to another, provided such movement does not exceed five hundred feet and the vehicle is equipped with wheels or pads which will not damage the roadway surface.

Exclusions:

"Special highway construction equipment" does not include any of the following:

Dump trucks originally designed to comply with the legal size and weight provisions of this code notwithstanding any subsequent modification which would require a permit, as specified in RCW 46.44.090, to operate such vehicles on a public highway, including trailers, truck-mounted transit mixers, cranes and shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.

                                                                                                                            (6) The following vehicles, whether operated solo or in combination, are exempt from license registration and displaying license plates as required by this chapter:

                                                                                                                            (a) A converter gear used to convert a semitrailer into a trailer or a two-axle truck or tractor into a three or more axle truck or tractor or used in any other manner to increase the number of axles of a vehicle. Converter gear includes an auxiliary axle, booster axle, dolly, and jeep axle.

                                                                                                                            (b) A tow dolly that is used for towing a motor vehicle behind another motor vehicle. The front or rear wheels of the towed vehicle are secured to and rest on the tow dolly that is attached to the towing vehicle by a tow bar.

(c) An off-road vehicle operated on a street, road, or highway as authorized under RCW 46.09.180.

                                                                                                                            (7)(a) A motor vehicle subject to initial or renewal registration under this section shall not be registered to a natural person unless the person at time of application:

                                                                                                                            (i) Presents an unexpired Washington state driver's license; or

                                                                                                                            (ii) Certifies that he or she is:

                                                                                                                            (A) A Washington resident who does not operate a motor vehicle on public roads; or

                                                                                                                            (B) Exempt from the requirement to obtain a Washington state driver's license under RCW 46.20.025.

                                                                                                                            (b) For shared or joint ownership, the department will set up procedures to verify that all owners meet the requirements of this subsection.

                                                                                                                            (c) A person falsifying residency is guilty of a gross misdemeanor punishable only by a fine of five hundred twenty-nine dollars.

                                                                                                                            (d) The department may adopt rules necessary to implement this subsection, including rules under which a natural person applying for registration may be exempt from the requirements of this subsection where the person provides evidence satisfactory to the department that he or she has a valid and compelling reason for not being able to meet the requirements of this subsection.

                                                                                                                            Sec. 2. RCW 46.09.115 and 2005 c 213 s 4 are each amended to read as follows:

                                                                                                                            (1) Except as otherwise provided in this section, it is lawful to operate an off-road vehicle upon:

                                                                                                                            (a) A nonhighway road and in parking areas serving designated off-road vehicle areas if the state, federal, local, or private authority responsible for the management of the nonhighway road authorizes the use of off-road vehicles; and

                                                                                                                            (b) A street, road, or highway as authorized under RCW 46.09.180.

                                                                                                                            (2) Operations of an off-road vehicle on a nonhighway road, or on a street, road, or highway as authorized under RCW 46.09.180, under this section is exempt from licensing requirements of RCW 46.16.010 and vehicle lighting and equipment requirements of chapter 46.37 RCW.

                                                                                                                            (3) It is unlawful to operate an off-road vehicle upon a private nonhighway road if the road owner has not authorized the use of off-road vehicles.

                                                                                                                            (4) Nothing in this section authorizes trespass on private property.

(5) The provisions of RCW 4.24.210(5) shall apply to public landowners who allow members of the public to use public facilities accessed by a highway, street, or nonhighway road for recreational off-road vehicle use.

Sec. 3. RCW 46.09.120 and 2005 c 213 s 3 are each amended to read as follows:

(1) Except as provided in subsection (4) of this section, it is a traffic infraction for any person to operate any nonhighway vehicle:

(a) In such a manner as to endanger the property of another;

(b) On lands not owned by the operator or owner of the nonhighway vehicle without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others regardless of ownership;

(c) On lands not owned by the operator or owner of the nonhighway vehicle without an adequate braking device or when otherwise required for the safety of others regardless of ownership;

(d) Without a spark arrester approved by the department of natural resources;

(e) Without an adequate, and operating, muffling device which effectively limits vehicle noise to no more than eighty-six decibels on the "A" scale at fifty feet as measured by the Society of Automotive Engineers (SAE) test procedure J 331a, except that a maximum noise level of one hundred and five decibels on the "A" scale at a distance of twenty inches from the exhaust outlet shall be an acceptable substitute in lieu of the Society of Automotive Engineers test procedure J 331a when measured:

(i) At a forty-five degree angle at a distance of twenty inches from the exhaust outlet;

(ii) With the vehicle stationary and the engine running at a steady speed equal to one-half of the manufacturer's maximum allowable ("red line") engine speed or where the manufacturer's maximum allowable engine speed is not known the test speed in revolutions per minute calculated as sixty percent of the speed at which maximum horsepower is developed; and

(iii) With the microphone placed ten inches from the side of the vehicle, one-half way between the lowest part of the vehicle body and the ground plane, and in the same lateral plane as the rearmost exhaust outlet where the outlet of the exhaust pipe is under the vehicle;

(f) On lands not owned by the operator or owner of the nonhighway vehicle upon the shoulder or inside bank or slope of any nonhighway road or highway, or upon the median of any divided highway;

(g) On lands not owned by the operator or owner of the nonhighway vehicle in any area or in such a manner so as to unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing crops, or other vegetation;

(h) On lands not owned by the operator or owner of the nonhighway vehicle or on any nonhighway road or trail, when these are restricted to pedestrian or animal travel;

(i) On any public lands in violation of rules and regulations of the agency administering such lands; and

(j) On a private nonhighway road in violation of RCW 46.09.115(3).

(2) It is a misdemeanor for any person to operate any nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance.

(3)(a) Except for an off-road vehicle equipped with seat belts and roll bars or an enclosed passenger compartment, it is a traffic infraction for any person to operate or ride an off-road vehicle on a nonhighway road without wearing upon his or her head a motorcycle helmet fastened securely while in motion. For purposes of this section, "motorcycle helmet" has the same meaning as provided in RCW 46.37.530.

                                                                                                                            (b) Subsection (3)(a) of this section does not apply to an off-road vehicle operator operating on his or her own land.

                                                                                                                            (c) Subsection (3)(a) of this section does not apply to an off-road vehicle operator operating on agricultural lands owned or leased by the off-road vehicle operator or the operator's employer.

(4) It is not a traffic infraction to operate an off-road vehicle on a street, road, or highway as authorized under RCW 46.09.180.

                                                                                                                            Sec. 4. RCW 46.09.180 and 1977 ex.s. c 220 s 15 are each amended to read as follows:

                                                                                                                            Notwithstanding any of the provisions of this chapter, any city, county, or other political subdivision of this state, or any state agency, may regulate the operation of nonhighway vehicles on public lands, waters, and other properties under its jurisdiction, and on streets, roads, or highways within its boundaries by adopting regulations or ordinances of its governing body, provided such regulations are not less stringent than the provisions of this chapter. However, the legislative body of a city with a population of less than three thousand persons may, by ordinance, designate a street or highway within its boundaries to be suitable for use by off-road vehicles. The legislative body of a county may, by ordinance, designate a road or highway within its boundaries to be suitable for use by off-road vehicles if the road or highway is a direct connection between a city with a population of less than three thousand persons and an off-road vehicle recreation facility.

                                                                                                                            Sec. 5. RCW 46.37.010 and 2005 c 213 s 7 are each amended to read as follows:

                                                                                                                            (1) It is a traffic infraction for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter or in regulations issued by the chief of the Washington state patrol, or which is equipped in any manner in violation of this chapter or the state patrol's regulations, or for any person to do any act forbidden or fail to perform any act required under this chapter or the state patrol's regulations.

                                                                                                                            (2) Nothing contained in this chapter or the state patrol's regulations shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter or the state patrol's regulations.

                                                                                                                            (3) The provisions of the chapter and the state patrol's regulations with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.

                                                                                                                            (4) No owner or operator of a farm tractor, self-propelled unit of farm equipment, or implement of husbandry shall be guilty of a crime or subject to penalty for violation of RCW 46.37.160 as now or hereafter amended unless such violation occurs on a public highway.

                                                                                                                            (5) It is a traffic infraction for any person to sell or offer for sale vehicle equipment which is required to be approved by the state patrol as prescribed in RCW 46.37.005 unless it has been approved by the state patrol.

                                                                                                                            (6) The provisions of this chapter with respect to equipment required on vehicles shall not apply to motorcycles or motor-driven cycles except as herein made applicable.

                                                                                                                            (7) This chapter does not apply to off-road vehicles used on nonhighway roads or used on streets, roads, or highways as authorized under RCW 46.09.180.

(8) This chapter does not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks.

(9) Notices of traffic infraction issued to commercial drivers under the provisions of this chapter with respect to equipment required on commercial motor vehicles shall not be considered for driver improvement purposes under chapter 46.20 RCW.

(10) Whenever a traffic infraction is chargeable to the owner or lessee of a vehicle under subsection (1) of this section, the driver shall not be arrested or issued a notice of traffic infraction unless the vehicle is registered in a jurisdiction other than Washington state, or unless the infraction is for an offense that is clearly within the responsibility of the driver.

(11) Whenever the owner or lessee is issued a notice of traffic infraction under this section the court may, on the request of the owner or lessee, take appropriate steps to make the driver of the vehicle, or any other person who directs the loading, maintenance, or operation of the vehicle, a codefendant. If the codefendant is held solely responsible and is found to have committed the traffic infraction, the court may dismiss the notice against the owner or lessee.

Sec. 6. RCW 4.24.210 and 2003 c 39 s 2 and 2003 c 16 s 2 are each reenacted and amended to read as follows:

(1) Except as otherwise provided in subsection (3) or (4) of this section, any public or private landowners or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, skateboarding or other nonmotorized wheel-based activities, hanggliding, paragliding, rock climbing, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users.

(2) Except as otherwise provided in subsection (3) or (4) of this section, any public or private landowner or others in lawful possession and control of any lands whether rural or urban, or water areas or channels and lands adjacent to such areas or channels, who offer or allow such land to be used for purposes of a fish or wildlife cooperative project, or allow access to such land for cleanup of litter or other solid waste, shall not be liable for unintentional injuries to any volunteer group or to any other users.

(3) Any public or private landowner, or others in lawful possession and control of the land, may charge an administrative fee of up to twenty-five dollars for the cutting, gathering, and removing of firewood from the land.

(4) Nothing in this section shall prevent the liability of a landowner or others in lawful possession and control for injuries sustained to users by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted. A fixed anchor used in rock climbing and put in place by someone other than a landowner is not a known dangerous artificial latent condition and a landowner under subsection (1) of this section shall not be liable for unintentional injuries resulting from the condition or use of such an anchor. Nothing in RCW 4.24.200 and ((4.24.210)) this section limits or expands in any way the doctrine of attractive nuisance. Usage by members of the public, volunteer groups, or other users is permissive and does not support any claim of adverse possession.

                                                                                                                            (5) For purposes of this section, the following are not fees:

                                                                                                                            (a) A license or permit issued for statewide use under authority of chapter 79A.05 RCW or Title 77 RCW ((is not a fee)); and

                                                                                                                            (b) A daily charge not to exceed twenty dollars per person, per day, for access to a publicly owned ORV sports park, as defined in RCW 46.09.020, or other public facility accessed by a highway, street, or nonhighway road for the purposes of off-road vehicle use."

                                                                                                                            On page 1, line 2 of the title, after "roads;" strike the remainder of the title and insert "amending RCW 46.09.115, 46.09.120, 46.09.180, and 46.37.010; and reenacting and amending RCW 46.16.010 and 4.24.210."

and the same is herewith transmitted.

Thomas Hoemann, Secretary

SENATE AMENDMENT TO HOUSE BILL