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THIRTY-SEVENTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Tuesday, February 15, 1994
The House was called to order at 10:00 a.m. by the Speaker (Representative Foreman presiding). The Clerk called the roll and a quorum was present.
The Speaker assumed the chair.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Steve Ayre and Sonja Rose. Prayer was offered by Representative McMorris.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGE FROM THE SENATE
February 14, 1994
Mr. Speaker:
The Senate has passed:
ENGROSSED SENATE BILL NO. 5154,
SECOND SUBSTITUTE SENATE BILL NO. 5319,
SUBSTITUTE SENATE BILL NO. 6016,
SECOND SUBSTITUTE SENATE BILL NO. 6053,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6121,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6153,
SUBSTITUTE SENATE BILL NO. 6264,
SUBSTITUTE SENATE BILL NO. 6305,
SUBSTITUTE SENATE BILL NO. 6316,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6370,
ENGROSSED SENATE BILL NO. 6404,
SUBSTITUTE SENATE BILL NO. 6428,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6484,
SUBSTITUTE SENATE BILL NO. 6557,
ENGROSSED SENATE BILL NO. 6572,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6585,
SENATE JOINT MEMORIAL NO. 8031,
SENATE CONCURRENT RESOLUTION NO. 8422,
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HCR 4431 by Representatives Peery and Ballard
Amending the joint rules.
Held over from February 14, 1994.
ESSB 5061 by Senate Committee on Law & Justice (originally sponsored by Senators Fraser, Winsley and A. Smith)
Limiting residential time in parenting plans and visitation orders for abusive parents.
Referred to Committee on Judiciary.
3SSB 5918 by Senate Committee on Ways & Means (originally sponsored by Senators Drew, Sellar, Vognild, Bluechel and Winsley)
Allowing ride-sharing incentives to include cars.
Referred to Committee on Transportation.
SSB 6046 by Senate Committee on Law & Justice (originally sponsored by Senators A. Smith, Nelson, Quigley, Erwin, Winsley, Haugen, Pelz, Oke, McAuliffe and Roach)
Making the third offense for driving or physical control of a vehicle while under the influence a felony.
Referred to Committee on Judiciary.
SSB 6047 by Senate Committee on Law & Justice (originally sponsored by Senators A. Smith, Quigley and Oke)
Revising provisions relating to crimes involving alcohol, drugs, or mental problems.
Referred to Committee on Judiciary.
SB 6061 by Senators Vognild, Winsley, Haugen and Sellar
Revising provisions relating to special elections to validate excess levies or bond issues.
Referred to Committee on State Government.
SB 6141 by Senators Talmadge, Moyer, Gaspard, Sellar, Wojahn and Winsley
Changing the start up date of the new composition for the public employees' benefits board.
Referred to Committee on Health Care.
SSB 6195 by Senate Committee on Labor & Commerce (originally sponsored by Senators Prentice, Moore, McAuliffe, West, Franklin, Ludwig, Roach, Fraser, Bauer, Vognild and Pelz)
Modifying enforcement authority of the public employment relations commission.
Referred to Committee on Commerce & Labor.
2SSB 6206 by Senate Committee on Ways & Means (originally sponsored by Senators Owen, Oke, Hargrove, Erwin and Haugen)
Creating the warm water game fish enhancement program.
Referred to Committee on Fisheries & Wildlife.
ESB 6242 by Senators Sheldon, Sellar, Moore, Anderson, Gaspard, Snyder, Quigley, Franklin, McAuliffe, Oke, Pelz, M. Rasmussen, Winsley, Drew and Ludwig; by request of Governor Lowry
Implementing regulatory reform.
Referred to Committee on State Government.
E2SSB 6255 by Senate Committee on Ways & Means (originally sponsored by Senators Talmadge, Wojahn, Haugen, Winsley and McAuliffe; by request of Attorney General)
Changing provisions relating to children removed from the custody of parents.
Referred to Committee on Human Services.
ESSB 6303 by Senate Committee on Government Operations (originally sponsored by Senators Quigley, Haugen, Snyder, McAuliffe, Roach, Franklin, McDonald, Hargrove, Pelz, Bauer, Wojahn, Williams, Prentice, Sheldon, Loveland, Skratek, Owen, Ludwig, Sutherland, A. Smith, Winsley, Spanel, West, Moyer, Vognild, M. Rasmussen, Oke, Anderson and Drew)
Providing for the elimination of state boards and commissions.
Referred to Committee on Appropriations.
ESSB 6309 by Senate Committee on Transportation (originally sponsored by Senators Vognild and Sellar; by request of Washington State Patrol)
Modifying state patrol funding.
Referred to Committee on Transportation.
ESSB 6339 by Senate Committee on Ecology & Parks (originally sponsored by Senators Sheldon, Amondson, Moore, Morton, Snyder, Gaspard, Skratek, Loveland, Quigley, Fraser, Drew, Hargrove, McAuliffe, Franklin, Haugen, Williams, Spanel, M. Rasmussen, Pelz, A. Smith, Wojahn, Winsley and Ludwig)
Facilitating growth management planning and decisions, integration with related environmental laws, and improving procedures for cleanup of hazardous waste sites.
Referred to Committee on Environmental Affairs.
SSB 6371 by Senate Committee on Higher Education (originally sponsored by Senators Bauer, Prince, Sheldon, Winsley and Drew)
Changing provisions relating to higher education degree-granting authority.
Referred to Committee on Higher Education.
SB 6373 by Senators A. Smith, Nelson, Oke and Haugen
Imposing liability for smoking in nonsmoking accommodations or lodgings.
Referred to Committee on Health Care.
ESB 6411 by Senators Sutherland and Ludwig; by request of Utilities & Transportation Commission
Changing provisions relating to regulation of securities issued by regulated utilities and transportation companies.
Referred to Committee on Financial Institutions & Insurance.
SB 6458 by Senators Williams, Prentice, Pelz, Vognild and Moore
Prohibiting credit history from being used in determining eligibility or rates for automobile insurance.
Referred to Committee on Financial Institutions & Insurance.
ESB 6493 by Senators Sutherland, Amondson and Ludwig
Integrating the state energy strategy into statute.
Referred to Committee on Energy & Utilities.
SSB 6507 by Senate Committee on Transportation (originally sponsored by Senators Vognild, Prince, Morton, Loveland, M. Rasmussen and Winsley)
Eliminating a reference to public highways regarding railroad crossings.
Referred to Committee on Transportation.
SB 6532 by Senators Wojahn, Talmadge, Deccio, Moore, Moyer, Spanel, M. Rasmussen and Oke
Changing provisions relating to release of criminally insane persons.
Referred to Committee on Judiciary.
ESSB 6547 by Senate Committee on Health & Human Services (originally sponsored by Senators Sheldon, Niemi, Prentice and Anderson)
Providing for auditing of mental health systems.
Referred to Committee on Human Services.
SSB 6561 by Senate Committee on Trade, Technology & Economic Development (originally sponsored by Senators Skratek and Bluechel; by request of Department of Trade and Economic Development)
Expanding the marketplace program.
Referred to Committee on Trade, Economic Development & Housing.
SB 6568 by Senators Bauer and Skratek
Creating the pension improvement account.
Referred to Committee on Appropriations.
SSB 6600 by Senate Committee on Ways & Means (originally sponsored by Senators Owen, Skratek, Franklin, McAuliffe, M. Rasmussen, Haugen, Fraser, Sheldon, Moore, Gaspard, Snyder, Sutherland, Oke and Winsley)
Analyzing property tax systems.
Referred to Committee on Revenue.
On motion of Representative Peery, the bills and resolution listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
MOTION
Representative Peery moved that the House immediately consider Substitute House Bill No. 1457 on the second reading calendar. The motion was carried.
SUBSTITUTE HOUSE BILL NO. 1457, by House Committee on Education (originally sponsored by Representatives Peery, Dorn, Brough, Brumsickle, Chappell, Leonard, Jones, Pruitt, Ogden, Basich, Rayburn, Karahalios, G. Cole, Springer, Locke, Eide, Mastin, Cothern, G. Fisher, Morris and H. Myers)
Raising the minimum dollar amount requiring competitive bidding by school districts.
The bill was read the second time. Committee on Education recommendation: Majority, do pass second substitute. (For committee recommendation see Journal, 19th Day, January 28, 1994.)
On motion of Representative Dorn, Second Substitute House Bill No. 1457 was substituted for Substitute House Bill No. 1457, and the bill was placed on the second reading calendar.
Second Substitute House Bill No. 1457 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 1457.
Representatives Dorn and Carlson spoke in favor of passage of the bill.
MOTIONS
On motion of Representative J. Kohl, Representatives Campbell, Lemmon, Scott, Sommers and Wineberry were excused.
On motion of Representative Wood, Representatives Brough, Mielke and Tate were excused.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 1457, and the bill passed the House by the following vote: Yeas - 86, Nays - 4, Absent - 0, Excused - 8.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brown, Brumsickle, Carlson, Casada, Caver, Chandler, Chappell, Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 86.
Voting nay: Representatives Backlund, Cole, G., Jones and Van Luven - 4.
Excused: Representatives Brough, Campbell, Lemmon, Mielke, Scott, Sommers, Tate and Wineberry - 8.
Second Substitute House Bill No. 1457, having received the constitutional majority, was declared passed.
Representative Karahalios: Thank you, Mr. Speaker. As most of you know, in parts of the world, tomorrow is a significant religious holiday. But for our part, more fittingly today, because it's a special day, it's a cutoff day, we might also remember today is Mardi Gras. But with deference to our serious nature and the work we have here, we will wait with great anticipation to follow the annual theme of Mardi Gras and with special acknowledgement to the Representative from District 34 who has many bilingual skills, le vont fou roulette, which for our benefit means, let the good times roll! Happy Mardi Gras.
MOTION
Representative Peery moved that the House consider the following bills in the following order: House Bill No. 2424, House Bill No. 2626, House Bill No. 1409, House Bill No. 2337, House Bill No. 2610 and House Bill No. 1652. The motion was carried.
HOUSE BILL NO. 2424, by Representatives Anderson, J. Kohl, Ballard, Dellwo, King, Dyer, Grant, Brough, Dorn, Lemmon, Quall, B. Thomas, Campbell, Sehlin, Wolfe, Morris, Roland, Wood, Carlson, Silver, Orr, Sheahan, Dunshee, Cothern, Veloria, Mastin, Heavey, Long, Edmondson, Cooke, Schoesler, Kessler, Romero, Thibaudeau, Conway, Jones, Tate, Mielke, Springer and McMorris
Removing "massage services" from the definition of retail sale.
The bill was read the second time.
On motion of Representative Holm, Substitute House Bill No. 2424 was substituted for House Bill No. 2424, and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2424 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2424.
Representatives Anderson, Foreman, J. Kohl and Carlson spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2424, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Campbell, Mielke, Tate and Wineberry - 4.
Substitute House Bill No. 2424, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2626, by Representatives Mastin and Grant
Providing for the enforcement of plumbing certificate of competency requirements.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass substitute by Commerce & Labor as amended by Committee on Appropriations. (For committee amendment see Journal, 29th Day, February 7, 1994.)
On motion of Representative Heavey, Substitute House Bill No. 2626 was substituted for House Bill No. 2626, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2626 was read the second time.
Representative Valle moved the adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
Representative Mastin moved adoption of the following amendment by Representative Mastin and others:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 18.106 RCW to read as follows:
The department of labor and industries shall establish one pilot project in which the department will enter into an agreement with a city regarding compliance inspections by the city to enforce this chapter. Under the terms of the agreement, the city shall be permitted to submit declarations of noncompliance to the department for the department's enforcement under RCW 18.106.180, with reimbursement to the city at an established fee. The pilot project shall be located in eastern Washington.
Sec. 2. RCW 18.106.020 and 1983 c 124 s 4 are each amended to read as follows:
(1) No person may engage in or offer to engage in the trade of plumbing without having a journeyman certificate, specialty certificate, or temporary permit, or without being supervised by a person who has a journeyman certificate, specialty certificate, or temporary permit. No person may employ a person to engage in or offer to engage in the trade of plumbing unless the person employed has a journeyman certificate, specialty certificate, or temporary permit or is supervised by a person who has a journeyman certificate, specialty certificate, or temporary permit.
(2) Violation of subsection (1) of this section is an infraction. Each day in which a person engages in the trade of plumbing in violation of subsection (1) of this section or employs a person in violation of subsection (1) of this section is a separate infraction. Each worksite at which a person engages in the trade of plumbing in violation of subsection (1) of this section or at which a person is employed in violation of subsection (1) of this section is a separate infraction.
(3) Notices of infractions for violations of subsection (1) of this section may be issued to:
(a) The person engaging in or offering to engage in the trade of plumbing in violation of subsection (1) of this section;
(b) The employer of a person employed in violation of subsection (1) of this section; and
(c) The employer's supervisor who authorized the work assignment of the person employed in violation of subsection (1) of this section.
Sec. 3. RCW 18.106.180 and 1983 c 124 s 7 are each amended to read as follows:
An authorized representative of the department may issue a notice of infraction as specified in RCW 18.106.020(3) if a person who is doing plumbing work or who is offering to do plumbing work fails to produce evidence of having a certificate or permit issued by the department in accordance with this chapter or of being supervised by a person who has such a certificate or permit. A notice of infraction issued under this section shall be personally served on the person named in the notice by an authorized representative of the department.
Sec. 4. RCW 18.106.190 and 1983 c 124 § 9 are each amended to read as follows:
(((1))) The form of the notice of infraction issued under this chapter shall (([be] prescribed by the supreme court following consultation with the department. To the extent practicable, the notice of infraction issued under this chapter shall conform to the notice of traffic infraction prescribed by the supreme court pursuant to RCW 46.63.060.
(2) The notice of infraction shall)) include the following:
(((a)))(1) A statement that the notice represents a determination that the infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;
(((b)))(2) A statement that the infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction;
(((c)))(3) A statement of the specific infraction for which the notice was issued;
(((d)))(4) A statement ((that a one hundred dollar)) of the monetary penalty that has been established for the infraction;
(((e)))(5) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
(((f)))(6) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses, including the authorized representative of the department who issued and served the notice of infraction;
(((g)))(7) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter;
(((h)))(8) A statement that refusal to sign the infraction as directed in subsection (((2)(g)))(7) of this section is a misdemeanor; and
(((i)))(9) A statement that failure to respond to a notice of infraction as promised is a misdemeanor and may be punished by a fine or imprisonment in jail.
Sec. 5. RCW 18.106.200 and 1983 c 124 § 8 are each amended to read as follows:
A violation designated as an infraction under this chapter shall be heard and determined by ((a district court. A notice of infraction shall be filed in the district court district in which the infraction is alleged to have occurred. If a notice of infraction is filed in a court which is not the proper venue, the notice shall be dismissed without prejudice on motion of either party)) an administrative law judge of the office of administrative hearings. If a party desires to contest the notice of infraction, the party shall file a notice of appeal with the department within fourteen days of issuance of the infraction. The administrative law judge shall conduct hearings in these cases at locations in the county where the infraction is alleged to have occurred.
Sec. 6. RCW 18.106.220 and 1983 c 124 § 11 are each amended to read as follows:
(1) A person who receives a notice of infraction shall respond to the notice as provided in this section within fourteen days of the date the notice was served.
(2) If the person named in the notice of infraction does not wish to contest the ((determination)) notice of infraction, the person shall ((respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response)) pay to the department, by check or money order, the amount of the penalty prescribed for the infraction. When a response which does not contest the determination is received((, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department)) by the department with the appropriate payment, the department shall make the appropriate entry in its records.
(3) If the person named in the notice of infraction wishes to contest the ((determination)) notice of infraction, the person shall respond by ((completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than fourteen days from the date of the notice, except by agreement of the parties)) filing an answer of protest with the department specifying the grounds of protest.
(4) If any person issued a notice of infraction:
(a) Fails to respond to the notice of infraction as provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) of this section;
the ((court)) administrative law judge shall enter an appropriate order assessing the monetary penalty prescribed for the infraction and shall notify the department of the failure to respond to the notice of infraction or to appear at a requested hearing.
(((5) An order entered by the court under subsection (4)(b) of this section may, for good cause shown and upon such terms as the court deems just, be set aside for the same grounds a default judgment may be set aside in civil actions in courts of limited jurisdiction.))
Sec. 7. RCW 18.106.250 and 1983 c 124 § 13 are each amended to read as follows:
(1) ((A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.
(2) The court may consider the notice of infraction and any other written report made under oath submitted by the department's authorized representative who issued and served the notice in lieu of his or her personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the authorized representative who issued and served the notice, and has the right to present evidence and examine witnesses present in court.
(3))) The administrative law judge shall conduct notice of infraction cases under this chapter pursuant to chapter 34.05 RCW.
(2) The burden of proof is on the department to establish the commission of the infraction by a preponderance of the evidence. The notice of infraction shall be dismissed if the defendant establishes that, at the time the notice was issued((,)):
(a) The defendant ((was registered)) who was issued a notice of infraction authorized by RCW 18.106.020(3)(a) had a certificate or permit issued by the department in accordance with this chapter, was supervised by a person who has such a certificate or permit, or was exempt from ((registration.
(4))) this chapter under RCW 18.106.150; or
(b) For the defendant who was issued a notice of infraction authorized by RCW 18.106.020(3)(b) or (c), the person employed or supervised by the defendant has a certificate or permit issued by the department in accordance with this chapter, was supervised by a person who had such a certificate or permit, or was exempt from this chapter under RCW 18.106.150.
(3) After consideration of the evidence and argument, the ((court)) administrative law judge shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the ((court's)) record((s)) of the proceedings. If it has been established that the infraction was committed, ((an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department)) the administrative law judge shall issue findings of fact and conclusions of law in its decision and order determining whether the infraction was committed.
(((5)))(4) An appeal from the ((court's)) administrative law judge's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure.
Sec. 8. RCW 18.106.270 and 1983 c 124 s 16 are each amended to read as follows:
(1) A person found to have committed an infraction under RCW 18.106.020 shall be assessed a monetary penalty of ((one)) two hundred fifty dollars for the first infraction, and not more than one thousand dollars for a second or subsequent infraction. The department shall set by rule a schedule of penalties for infractions imposed under this chapter.
(2) The ((court)) administrative law judge may waive, reduce, or suspend the monetary penalty imposed for the infraction for good cause shown.
(3) Monetary penalties collected under this chapter shall be ((remitted as provided in chapter 3.62 RCW)) deposited in the plumbing certificate fund.
NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:
(1) RCW 18.106.025 and 1983 c 124 s 5; and
(2) RCW 18.106.260 and 1983 c 124 s 15.
NEW SECTION. Sec. 10. This act shall take effect July 1, 1994."
Representative Mastin spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2626.
Representatives Mastin and Chandler spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2626, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Campbell and Tate - 2.
Engrossed Substitute House Bill No. 2626, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1409, by Representatives Flemming, Mielke, Leonard, Dyer, R. Johnson, Thibaudeau, Cooke, King, H. Myers, Ballasiotes, Wineberry, Jones, Roland, Romero, Campbell, Rayburn, Orr and J. Kohl
Concerning health treatment for individuals with developmental disabilities.
The bill was read the second time.
On motion of Representative Dellwo, Substitute House Bill No. 1409 was substituted for House Bill No. 1409, and the bill was placed on the second reading calendar.
Substitute House Bill No. 1409 was read the second time.
Representative Flemming moved adoption of the following amendment by Representative Flemming and others:
On page 2, line 4, after "procedures" insert "if the glucometer is recalibrated daily"
Representatives Flemming and Dyer spoke in favor of the adoption of the amendment and it was adopted.
Representative Flemming moved adoption of the following amendment by Representative Flemming and others:
On page 2, line 19, after "18.88 RCW." insert "A registered nurse shall not be subject to any reprisal or disciplinary action for refusing to provide the training required under this section."
Representatives Flemming and Dyer spoke in favor of the adoption of the amendment and it was adopted.
Representative Flemming moved adoption of the following amendment by Representative Flemming and others:
On page 4, line 35, after "centers" insert ", nor to any setting or facility other than community residential programs certified by the department of social and health services under chapter 71A.12 RCW and adult family homes licensed under chapter 70.128 RCW and also certified by the department of social and health services under chapter 71A.12 RCW"
Representatives Flemming and Dyer spoke in favor of the adoption of the amendment and it was adopted.
Representative Flemming moved adoption of the following amendment by Representative Flemming and others:
On page 7, line 23, strike "state board of nursing" and insert "secretary of health in consultation with the state board of nursing and the department of social and health services"
On page 7, line 24, after "make" strike "a" and insert "an interim report by December 31, 1995, and a final"
On page 7, line 25, strike "the state board of health, the secretary of health, and"
On page 7, line 29, after "report" insert "shall be based on direct observation, documentation, and interviews, and"
Representatives Flemming and Dyer spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1409.
Representatives Flemming, Dyer and Conway spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1409, and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Voting nay: Representative Campbell - 1.
Engrossed Substitute House Bill No. 1409, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2337, by Representative R. Meyers
Specifying rights and responsibilities of indigent defendants.
The bill was read the second time.
On motion of Representative Johanson, Substitute House Bill No. 2337 was substituted for House Bill No. 2337, and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2337 was read the second time.
Representative Padden moved adoption of the following amendment by Representative Padden and others:
On page 2, after line 11, insert the following section:
"NEW SECTION. Sec. 2. A new section is added to chapter 10.73 RCW to read as follows:
The legislature is aware that the constitutional requirements of equal protection and due process require that counsel be provided for indigent persons and persons who are indigent and unable to contribute for the first appeal as a matter of right from a judgment and sentence in a criminal case, and no further. There is no constitutional right to the appointment of counsel at public expense to collaterally attack a judgment and sentence in a criminal matter or to seek discretionary review of a lower appellate court decision.
The legislature finds that it is appropriate to extend the right to counsel in criminal cases at state expense to indigent persons and persons who are indigent and able to contribute as those terms are defined in RCW 10.101.010 in the following instances:
(1) For indigent persons filing a direct appeal as a matter of right from a judgment and sentence;
(2) For indigent persons responding to a direct appeal filed as a matter of right or who are responding to a motion for discretionary review or petition for review filed by the state;
(3) For indigent persons under a sentence of death, counsel shall be provided, upon request, for the purpose of filing and prosecution of a motion or petition for collateral attack. However, counsel shall not be provided at public expense for the filing or prosecution of a second or subsequent collateral attack on the same judgment and sentence;
(4) For indigent persons not under a sentence of death to prosecute a collateral attack after the chief judge has determined that the issues raised by the petition are not frivolous in accordance with the procedure contained in RAP 16.11. However, counsel shall not be provided at public expense for the filing or prosecution of a second or subsequent collateral attack on the same judgment and sentence;
(5) For indigent persons who are responding to a collateral attack filed by the state or who are responding to or prosecuting an appeal from a collateral attack that was filed by the state;
(6) For indigent persons to prosecute an appeal after the supreme court or court of appeals has accepted discretionary review of a decision of a court of limited jurisdiction;
(7) For indigent persons to prosecute an appeal after the supreme court has accepted discretionary review of a court of appeals decision.
Representative Padden spoke in favor of the adoption of the amendment.
Representative Peery moved that the House defer further consideration of Substitute House Bill No. 2337 and that the bill hold its place on the second reading calendar. The motion was carried.
HOUSE BILL NO. 2610, by Representatives L. Johnson, Talcott, Valle, Brown, Dellwo, Cooke, Cothern, Van Luven, Linville, Jacobsen, G. Cole, Shin, Pruitt, Patterson, Campbell and Brough
Prohibiting tobacco products on all school grounds.
The bill was read the second time.
On motion of Representative Dellwo, Substitute House Bill No. 2610 was substituted for House Bill No. 2610, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2610 was read the second time.
Representative Backlund moved adoption of the following amendment by Representative Backlund and others:
On page 2, line 9, strike "and private"
AND
On page 2, line 15, "and September 1, 1994, for private schools"
Representatives Backlund, Padden, Kremen, Dyer and Carlson spoke in favor of the adoption of the amendment and Representatives L. Johnson, Dellwo, Van Luven and Heavey spoke against it.
The amendment was not adopted.
With the consent of the House, Representative Backlund withdrew amendment number 1059 to Substitute House Bill No. 2610.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2610.
Representatives L. Johnson and Valle spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2610, and the bill passed the House by the following vote: Yeas - 69, Nays - 29, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Ballard, Basich, Bray, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Fisher, G., Flemming, Foreman, Forner, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, King, Kohl, J., Lemmon, Leonard, Linville, Long, Meyers, R., Moak, Morris, Myers, H., Ogden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Sehlin, Sheahan, Shin, Sommers, Tate, Thibaudeau, Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 69.
Voting nay: Representatives Backlund, Ballasiotes, Brough, Chandler, Dyer, Edmondson, Eide, Finkbeiner, Fisher, R., Fuhrman, Grant, Kessler, Kremen, Lisk, Mastin, McMorris, Mielke, Orr, Padden, Schmidt, Scott, Sheldon, Silver, Springer, Stevens, Talcott, Thomas, B., Wood and Zellinsky - 29.
Substitute House Bill No. 2610, having received the constitutional majority, was declared passed.
MOTIONS
Representative Peery moved that the House defer consideration of House Bill No. 1652 and that the bill hold its place on the second reading calendar. The motion was carried.
Representative Peery moved that the House immediately consider the following bills in the following order: House Bill No. 2737, House Bill No. 2816, House Bill No. 2863, House Bill No. 2872 and House Bill No. 2901. The motion was carried.
HOUSE BILL NO. 2737, by Representatives Wineberry, Sheldon, Schoesler, Shin and Springer; by request of Department of Trade and Economic Development
Modifying provisions regarding the Washington economic development finance authority.
The bill was read the second time.
On motion of Representative Wang, Substitute House Bill No. 2737 was substituted for House Bill No. 2737, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2737 was read the second time.
Representative Wang moved adoption of the following amendment by Representative Wang and others:
On page 4, line 28, after "December" insert ",until 1999,"
Representative Wang spoke in favor of the adoption of the amendment and Representative Schoesler spoke against it.
The amendment was adopted.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2737.
The Speaker called upon Representative R. Meyers to preside.
Representatives Wineberry, Sehlin, Schoesler and Forner spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2737, and the bill passed the House by the following vote: Yeas - 96, Nays - 2, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Voting nay: Representatives Brough and Heavey - 2.
Engrossed Substitute House Bill No. 2737, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2816, by Representatives H. Myers and Reams
Providing a planning process for county-wide provision of regional services.
The bill was read the second time.
On motion of Representative H. Myers, Substitute House Bill No. 2816 was substituted for House Bill No. 2816, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2816 was read the second time.
Representative H. Myers moved adoption of the following amendment by Representative H. Myers and Edmondson:
On page 2, after 19, insert a new section as follows:
"NEW SECTION. Sec. 3. A service agreement addressing children and family services shall enhance coordination and shall be consistent with the comprehensive plan developed under chapter ...., Laws of 1994 (2SHB 2319 or 2SSB 6174)."
On page 5, line 28, strike "7" and insert "8"
Representatives H. Myers and Edmondson spoke in favor of the adoption of the amendment and it was adopted.
With the consent of the House, Representative Edmondson withdrew amendment number 1040 to Substitute House Bill No. 2816.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2816.
Representatives H. Myers and Edmondson spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2816, and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Voting nay: Representatives Fuhrman, Horn, McMorris, Padden and Silver - 5.
Engrossed Substitute House Bill No. 2816, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2863, by Representatives Zellinsky, R. Meyers and Schmidt
Facilitating acquisition of a propulsion system for new jumbo ferries.
The bill was read the second time.
On motion of Representative R. Fisher, Substitute House Bill No. 2863 was substituted for House Bill No. 2863, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2863 was read the second time.
Representative Schmidt moved adoption of the following amendment by Representative Schmidt:
On page 1, line 5, after "finds" strike all material through "immediately." on line 15 and insert "and declares that:
A 1991 legislative study, conducted by Booz.Allen, Hamilton and M. Rosenblatt and Son, examining the Washington State Ferries' management of its vessel refurbishment and construction program, resulted in recommendations for improvements and changes in the vessel refurbishment and construction program. These legislatively adopted recommendations encourage and support input by Washington State Ferries' engineers in the development of refurbishment and new construction project requirements.
The recommendations of the Booz.Allen study have been applied to the construction of the Jumbo Class Mark II ferries through the appointment of a Jumbo Class Mark II Steering Committee comprised of current state ferry engineers responsible for the design, operation, and maintenance of state ferry vessels.
The Steering Committee, in carrying out the recommendations of the Booz. Allen study, has determined that the procedure for the procurement of equipment, parts, and supplies for the Jumbo Class Mark II ferry vessels authorized by RCW 47.60.770 through 47.60.778, must take into consideration, in addition to life-cycle cost criteria, criteria that are essential to the operation of a public mass transportation system responsive to the needs of Washington State Ferries' users, and that assess the reliability, maintainability, and performance of equipment, parts, and supplies to be installed in the Jumbo Mark II ferries.
The construction of the new Jumbo Class Mark II ferry vessels authorized by RCW 47.60.770 through 47.60.778 is critical to the welfare of the state and any delay in the immediate construction of the ferries will result in severe hardship and economic loss to the state and its citizens. Recognizing these findings, it is the intent of the legislature that the vessel construction should not be delayed further because of the acquisition of a propulsion system, or any component of it, for the ferries, and to authorize the department of transportation to acquire all components of a complete propulsion system as soon as possible so that planned construction of the Jumbo Class Mark II ferry vessels can proceed immediately.
The purpose of this chapter is to authorize the use, by the department, of supplemental, alternative contracting procedures for the procurement of a propulsion system, and the components thereof, for the Jumbo Class Mark II ferries; and to prescribe appropriate requirements and criteria to ensure that contracting procedures for such procurement serve the public interest."
On page 3, line 10, after "(6)" strike the remainder of the subsection and insert the following:
"The criteria to select the most advantageous diesel engine under subsection (5) (b) (ii) shall consist of life-cycle cost factors weighted at thirty percent; and operational factors weighted as follows: reliability at twenty-five percent, maintainability at twenty-five percent, and engine performance at twenty percent. For purposes of this subsection, the cost factors shall consist of the costs for engine acquisition and warranty, spare parts acquisition and inventory, fuel efficiency and lubricating oil consumption, and commonality. The reliability factors shall consist of the length of service and reliability record in comparable uses, user verifications of manufacturer's reliability claims, and mean time between overhauls. The maintainability factors shall consist of spare parts availability, the usual time anticipated to perform typical repair functions, the quality of engine maintenance documentation, and the quality of factory training programs for ferry system maintenance staff. The performance factors shall consist of engine compatibility with ship design, load change responsiveness, and air quality of exhaust and engine room emissions."
Representatives Schmidt, Zellinsky and Heavey spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2863.
Representatives Zellinsky and Schmidt spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2863, and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Grant, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Voting nay: Representatives Forner, Fuhrman, Hansen and Heavey - 4.
Engrossed Substitute House Bill No. 2863, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2872, by Representatives Veloria, Lisk, Caver, Springer and Leonard
Making it a gross misdemeanor to use false identification to obtain liquor.
The bill was read the second time.
On motion of Representative Heavey, Substitute House Bill No. 2872 was substituted for House Bill No. 2872, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2872 was read the second time.
Representative Talcott moved adoption of the following amendment by Representatives Talcott and Veloria:
On page 1, line 10, after "liquor." insert, "In addition to the identification allowed under RCW 66.16.040, a valid United States retired military or active reserve identification card shall constitute adequate proof of a persons right to purchase alcohol."
Representatives Talcott and Veloria spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2872.
Representatives Veloria and Lisk spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2872, and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 1, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Voting nay: Representatives Eide and Scott - 2.
Absent: Representative Talcott - 1.
Engrossed Substitute House Bill No. 2872, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2901, by Representatives Bray, Kessler and Long
Concerning the authority of public utilities to enter into agreements with private developers.
The bill was read the second time.
On motion of Representative Bray, Substitute House Bill No. 2901 was substituted for House Bill No. 2901, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2901 was read the second time.
Representative Chandler moved adoption of the following amendment by Representative Chandler:
On page 2, line 28, after "district." insert "When a regulated utility is supplied with electric energy from an electric generating plant held, in part or in whole, by an unregulated private nonutility developer, no city, public utility district, or joint operating agency shall acquire ownership in the portion of the plant corresponding to the portion of the plant output being supplied to the regulated utility without the consent of the regulated utility."
On page 2, after line 28, insert the following:
A city, public utility district, or joint operating agency participating in an undivided ownership with an unregulated private nonutility developer of an electric generating plant may not sell or otherwise transfer its portion of the electrical output of the generation facility to any retail electricity customers being served by a regulated utility unless both utilities agree to the transaction."
On page 2, after line 28, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 80.28 RCW to read as follows:
An electrical company under the jurisdiction of the Washington utilities and transportation commission may not sell or otherwise transfer its portion of the output of an electric generating plant held in common with an unregulated private nonutility developer to any retail customers being served by a city or public utility district engaged in the business of distributing electricity unless both utilities agree to the transaction."
Representatives Chandler and Bray spoke in favor of the adoption of the amendment and it was adopted.
Representative Bray yielded to a question by Representative Casada.
Representative Casada: Does this mean, for example, that a P. U. D. could not proceed with a condemnation action for an ownership interest in an electric generating plant which is held, in part or in whole by an unregulated private non-utility developer, if that ownership interest would deprive a regulated utility and its customers of their corresponding portion of the plant output, unless the regulated utility consented to the action?
Representative Bray: Yes.
On motion of Representative Wood, Representative Lisk was excused.
The bill was ordered engrossed. With consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2901.
Representatives Bray and Casada spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2901, and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 1, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Voting nay: Representatives Eide and Scott - 2.
Absent: Representative Talcott - 1.
Engrossed Substitute House Bill No. 2901, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House consider the following bills in the following order: House Bill No. 2670, House Bill No. 1652, House Bill No. 2485 and House Bill No. 2577. The motion was carried.
HOUSE BILL NO. 2670, by Representatives G. Fisher, Foreman, Roland, Kessler, Shin, Campbell, Lemmon, Bray, R. Meyers, Basich, Johanson, Pruitt, Holm, Ogden, Sheldon, Caver, Quall, Jacobsen, Scott, Jones, Finkbeiner, Dellwo, H. Myers, Kremen, Conway, King, Rayburn, J. Kohl, L. Johnson and Anderson
Increasing senior citizen property tax relief.
House Bill No. 2670 was read the second time.
Representative G. Fisher moved adoption of the following amendment by Representative G. Fisher:
On page 3, after line 28, insert:
"NEW SECTION. Sec. 3. (1) If a court enters a final order invalidating or remanding section 1 of this act on the grounds that it does not comply with section 13, chapter 2, Laws of 1994, this measure shall be submitted to the people for their adoption, ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."
Representatives G. Fisher and Foreman spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2670.
Representatives G. Fisher, Foreman, Kessler, Carlson, Horn, Sheldon, Chandler and Long spoke in favor of passage of the bill.
Representatives Wang, Fuhrman, Rust, Morris and Cothern spoke against passage of the bill.
The Speaker assumed the chair.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2670, and the bill passed the House by the following vote: Yeas - 83, Nays - 14, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Long, Mastin, Meyers, R., Mielke, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wineberry, Wood, Zellinsky and Mr. Speaker - 83.
Voting nay: Representatives Brown, Cothern, Dunshee, Fisher, R., Fuhrman, McMorris, Moak, Morris, Rust, Sommers, Springer, Thibaudeau, Wang and Wolfe - 14.
Excused: Representative Lisk - 1.
Engrossed House Bill No. 2670, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1652, by Representatives Romero, G. Cole, Valle, Orr, Cothern, Brown, Veloria, Holm, Zellinsky, Scott, Brough, Jones, R. Meyers, Dorn, Quall, Van Luven, Roland, L. Johnson, Long, Johanson and Anderson
Enhancing penalties for animal cruelty.
The bill was read the second time.
On motion of Representative Johanson, Substitute House Bill No. 1652 was substituted for House Bill No. 1652, and the bill was placed on the second reading calendar.
Substitute House Bill No. 1652 was read the second time.
With the consent of the House, Representative Chandler withdrew amendment number 948 to Substitute House Bill No. 1652.
Representative Chandler moved adoption of the following amendment by Representatives Chandler and Romero:
On page 2, line 2, strike "either"
On page 2, beginning on line 4, after "control" strike everything through "act" on page 2 line 5.
On page 2, line 36, after "chapter." insert "Animal care and control agencies may enforce the provisions of this chapter in a county or city only if the county or city legislative authority has entered into a contract with the agency to enforce the provisions of this chapter."
Representatives Chandler and Romero spoke in favor of the adoption of the amendment and it was adopted.
Representative Sheahan moved adoption of the following amendment by Representative Sheahan:
On page 3, beginning on line 28, strike section 3
Representatives Sheahan and Romero spoke in favor of the adoption of the amendment and it was adopted.
Representative Sheahan moved adoption of the following amendment by Representative Sheahan:
On page 7, line 32, after "examination of" strike "an" and insert "((an)) a domestic animal"
On page 7, line 33, after "abused" insert "in violation of this chapter"
On page 7, line 34, after "abuse" insert "in violation of this chapter"
Representatives Sheahan and Romero spoke in favor of the adoption of the amendment and it was adopted.
Representative Chandler moved adoption of the following amendment by Representative Chandler:
On page 8, line 11, strike "five" and insert "fifteen"
Representatives Chandler and Romero spoke in favor of the adoption of the amendment and it was adopted.
Representative Stevens moved adoption of the following amendment by Representative Stevens:
On page 8, line 31, after "attorney." insert If the court grants the petition, the agency which seized the animal must deliver the animal to the owner at no cost to the owner."
Representatives Stevens and Romero spoke in favor of the adoption of the amendment and it was adopted.
Representative Brough moved adoption of the following amendment by Representative Brough:
On page 9, after line 3, insert the following section:
"Sec. 1. RCW 16.52.095 and Code 1881 s 840 are each amended to read as follows:
It shall not be lawful for any person to cut off more than one-half of the ear or ears of any domestic animal such as an ox, cow, bull, calf, sheep, goat or hog, or dog, and any person cutting off more than one-half of the ear or ears of any such animals, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum less than twenty dollars. This section does not apply if cutting off more than one-half of the ear of the animal is a customary husbandry practice that is conducted under supervision of a licensed veterinarian."
Representatives Brough, Forner and Romero spoke in favor of the adoption of the amendment and Representative Appelwick spoke against it.
The amendment was adopted.
Representative Romero moved adoption of the following amendment by Representative Romero:
On page 9, line 7, after "intentionally" insert ", unnecessarily, and unjustifiable"
Representatives Romero and Padden spoke in favor of the adoption of the amendment and Representative Appelwick spoke against it.
The amendment was not adopted.
Representative Fuhrman moved adoption of the following amendment by Representative Fuhrman:
On page 9, line 10, strike "class C felony" and insert "gross misdemeanor"
Representative Fuhrman spoke in favor of the adoption of the amendment and Representatives Romero and Van Luven spoke against it.
The Speaker divided the House. The result of the division was: 30-YEAS; 65-NAYS. The amendment was not adopted.
Representative Schoesler moved adoption of the following amendment by Representative Schoesler:
On page 9, beginning on line 15, after "knowingly" strike everything through "animal" on line 16 and insert "or recklessly inflicts unnecessary or unjustifiable bodily harm upon an animal accompanied by substantial pain that extends for a period sufficient to cause considerable suffering"
Representative Schoesler spoke in favor of the adoption of the amendment and Representative Appelwick spoke against it.
The amendment was not adopted.
With the consent of the House, Representative Fuhrman withdrew amendment number 962 to Substitute House Bill No. 1652.
Representative Fuhrman moved adoption of the following amendment by Representatives Fuhrman and Romero:
On page 11, line 35, after "rodent" insert "or pest"
On page 11, line 36, after "purposes." insert: "As used in this section, the term "rodent" includes but is not limited to Columbia ground squirrels, other ground squirrels, rats, mice, gophers, rabbits, and any other rodent designated as injurious to the agricultural interests of the state as provided in chapter 17.16 RCW. The term "pest" as used in this section includes any pest as defined in RCW 17.21.020."
Representatives Fuhrman and Romero spoke in favor of the adoption of the amendment and it was adopted.
Representative McMorris moved adoption of the following amendment by Representative McMorris:
On page 12, beginning on line 35, after "prevention" strike everything through "treatment" on line 38 and insert "program"
Representatives McMorris and Fuhrman spoke in favor of the adoption of the amendment and Representative Appelwick spoke against it.
The amendment was not adopted.
Representative Romero moved adoption of the following amendment by Representative Romero and others:
On page 13, beginning on line 28, strike all of section 15
Representative Romero spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker called upon Representative Wang to preside.
The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1652.
Representatives Romero, Van Luven, Long, Appelwick and Reams spoke in favor, Representative Fuhrman spoke against passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1652, and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Long, Mastin, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Voting nay: Representatives Fuhrman and McMorris - 2.
Excused: Representative Lisk - 1.
Engrossed Substitute House Bill No. 1652, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2485, by Representatives Jones, Heavey, R. Meyers, King, Springer, Conway, G. Cole, Veloria, J. Kohl and Kessler
Limiting premium liability of workers for industrial insurance.
Representative Mielke moved adoption of the following amendment by Representative Mielke and Lisk:
On page 1, line 9, after "industry" insert "who agree in writing not to bring legal action under Title 51 RCW against any person who was employed by, or who was an employer subject to this title who may have unintentionally caused an injury to the worker on the construction job site"
Representative Mielke spoke in favor of adoption of the amendment and Representatives R. Meyers, Jones and Heavey spoke against it.
Representative Fuhrman demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 1, line 9, to House Bill No. 2485, and the amendment was not adopted by the following vote: Yeas - 32, Nays - 65, Absent - 0, Excused - 1.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Forner, Fuhrman, Hansen, Horn, Johanson, Kremen, McMorris, Mielke, Padden, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Tate, Thomas, B., Thomas, L. and Wood - 32.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Caver, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Grant, Heavey, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Long, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Talcott, Thibaudeau, Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 65.
Excused: Representative Lisk - 1.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Wang presiding) stated the question before the House to be final passage of House Bill No. 2485.
Representatives Jones and Heavey spoke in favor of passage of the bill and Representatives Horn, Mielke and Dyer spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2485, and the bill passed the House by the following vote: Yeas - 55, Nays - 43, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Caver, Chappell, Cole, G., Conway, Cothern, Dellwo, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Leonard, Linville, Mastin, Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Romero, Rust, Scott, Shin, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 55.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dorn, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Kremen, Lemmon, Lisk, Long, McMorris, Meyers, R., Mielke, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven, Wood and Zellinsky - 43.
House Bill No. 2485, having received the constitutional majority, was declared passed.
Representative Peery moved that the House recess until 1:00 p.m. The motion was carried.
The Speaker (Representative Wang presiding) declared the House to be at recess until 1:00 p.m.
AFTERNOON SESSION
The Speaker called the House to order at 1:00 p.m.
The Clerk called the roll and a quorum was present.
MOTION
Representative Peery moved that the House immediately consider House Bill No. 2577 on the second reading calendar. The motion was carried.
HOUSE BILL NO. 2577, by Representatives L. Thomas, Anderson, Reams, Horn and Dyer
Extending late campaign contribution limitations to all state-wide elections.
House Bill No. 2577 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of House Bill No. 2577.
Representative L. Thomas spoke in favor of passage of the bill.
MOTIONS
On motion of Representative J. Kohl, Representative Riley was excused.
On motion of Representative Wood, Representatives Mielke, Tate and Fuhrman were excused.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2577, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 1, Excused - 4.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Absent: Representative Lemmon - 1.
Excused: Representatives Fuhrman, Mielke, Riley and Tate - 4.
House Bill No. 2577, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the seventh order of business.
THIRD READING
SUBSTITUTE HOUSE BILL NO. 1275, by Representatives R. Fisher, Schmidt, R. Meyers, Brown, Jones, Shin and Horn; by request of Department of Transportation
Exempting site exploration from shorelines management regulation.
Substitute House Bill No. 1275 was read the third time.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1275.
Representatives R. Fisher and Horn spoke in favor of passage of the bill.
On motion of Representative J. Kohl, Representative Dellwo was excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1275, and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 1, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.
Absent: Representative Lemmon - 1.
Excused: Representatives Dellwo, Fuhrman, Mielke, Riley and Tate - 5.
Substitute House Bill No. 1275, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1975, by Representatives Dunshee and Locke; by request of Department of Social and Health Services
Modifying provisions relating to nursing home reimbursement overpayments.
House Bill No. 1975 was read the third time.
The Speaker stated the question before the House to be final passage of House Bill No. 1975.
Representatives Dunshee and Sommers spoke in favor, Representatives Silver and Talcott spoke against passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1975, and the bill passed the House by the following vote: Yeas - 50, Nays - 42, Absent - 2, Excused - 4.
Voting yea: Representatives Anderson, Appelwick, Bray, Brown, Campbell, Carlson, Caver, Cole, G., Conway, Cothern, Dellwo, Dunshee, Eide, Finkbeiner, Fisher, R., Flemming, Hansen, Heavey, Jacobsen, Johanson, Johnson, L., Johnson, R., Karahalios, King, Kohl, J., Leonard, Linville, Long, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Romero, Rust, Scott, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 50.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Basich, Brough, Brumsickle, Casada, Chandler, Chappell, Cooke, Dorn, Dyer, Edmondson, Fisher, G., Foreman, Forner, Fuhrman, Holm, Horn, Jones, Kessler, Kremen, Lisk, McMorris, Padden, Patterson, Rayburn, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Stevens, Talcott, Thomas, B., Thomas, L., Van Luven, Wood and Zellinsky - 42.
Absent: Representatives Grant and Reams - 2.
Excused: Representatives Lemmon, Mielke, Riley and Tate - 4.
House Bill No. 1975, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker (Representative R. Meyers presiding) called the House to order.
MOTION
Representative Peery moved that the House consider the following bills in the following order: House Bill No. 2167, House Bill No. 2281, House Bill No. 2545 and House Bill No. 2641. The motion was carried.
HOUSE BILL NO. 2167, by Representatives Heavey, G. Fisher, Lemmon, Forner, Veloria, Roland, Eide, Campbell, Jones, Dorn, Zellinsky, Rayburn, Springer, Leonard and Patterson
Regulating race tracks.
The bill was read the second time.
On motion of Representative G. Fisher, Substitute House Bill No. 2167 was substituted for House Bill No. 2167, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2167 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2167.
Representatives Heavey and Lisk spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2167, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Riley - 1.
Substitute House Bill No. 2167, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2281, by Representatives Holm, Sheldon, Moak, Foreman, Wolfe, J. Kohl, Carlson, Ogden, Karahalios, Kessler, Kremen and Anderson
Providing a sales and use tax exemption for used books sold by nonprofit organizations for the support of libraries.
House Bill No. 2281 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2281.
Representatives Holm, Foreman spoke for, Representative Rust spoke against passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2281, and the bill passed the House by the following vote: Yeas - 85, Nays - 12, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballasiotes, Basich, Bray, Brough, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Flemming, Foreman, Fuhrman, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Schmidt, Schoesler, Scott, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 85.
Voting nay: Representatives Ballard, Brown, Cothern, Fisher, R., Forner, Horn, Johnson, L., Rust, Sehlin, Sommers, Thibaudeau and Wang - 12.
Excused: Representative Riley - 1.
House Bill No. 2281, having received the constitutional majority, was declared passed.
MOTIONS
Representative Peery moved that the House defer consideration of House Bill No. 2545 and that the bill hold its place on the second reading calendar. The motion was carried.
Representative Peery moved that the House immediately consider House Bill No. 2488 on the second reading calendar. The motion was carried.
HOUSE BILL NO. 2488, by Representatives Appelwick, Forner and Karahalios; by request of Department of Social and Health Services
Providing for child support enforcement operations.
The bill was read the second time.
On motion of Representative Johanson, Substitute House Bill No. 2488 was substituted for House Bill No. 2488, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2488 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2488.
Representatives Appelwick and Padden spoke in favor of passage of the bill.
Representative Karahalios: Thank you, Mr. Speaker. If Substitute House Bill No. 2488 becomes law I may be entitled to recover medical expenses owed as part of past-due child support. Under these circumstances, do I have a private interest within the meaning of House Rule 19D such that I should be excused from voting on this bill?
Mr. Speaker: (Representative R. Meyers presiding): Representative Karahalios, thank you for your question. The answer is no, you should not be excused from voting on Substitute House Bill No. 2488. House Rule 19D and Article 2, Section 30 of the State Constitution, prohibit members from voting on legislation which affects them individually and uniquely, not as members of a group. Since the bill in question affects a broad category of Washington citizens, and not uniquely you or your family, you do not have a private interest within the meaning of our state constitution which would disqualify you from voting.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2488, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Riley - 1.
Substitute House Bill No. 2488, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House consider the following bills in the following order: House Bill No. 2484, House Bill No. 2641, House Bill No. 2679, House Bill No. 2718 and House Joint Memorial No. 4026. The motion was carried.
HOUSE BILL NO. 2484, by Representatives Heavey, Horn, H. Myers, Reams, Forner, Finkbeiner, Brough, B. Thomas, Dyer, Ballard, Roland, Morris, Kremen, Long, Mielke, Springer, Cooke and Wood
Increasing to five years the time after a preliminary plat is approved before a final plat must be submitted for approval.
House Bill No. 2484 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2484.
Representatives Heavey and Edmondson spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2484, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Riley - 1.
House Bill No. 2484, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2641, by Representatives Thibaudeau, Chandler, Conway, Anderson, Heavey and Campbell
Revising provisions relating to collective bargaining for employees of the Washington state bar association.
House Bill No. 2641 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker assumed the chair.
The Speaker stated the question before the House to be final passage of House Bill No. 2641.
Representatives Thibaudeau, Conway and Heavey spoke in favor of passage of the bill and Representatives Lisk, Appelwick and Foreman spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2641, and the bill failed to pass the House by the following vote: Yeas - 41, Nays - 56, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Bray, Brough, Brown, Campbell, Caver, Cole, G., Conway, Cooke, Finkbeiner, Fisher, G., Fisher, R., Grant, Heavey, Holm, Jacobsen, Jones, King, Kohl, J., Kremen, Leonard, Moak, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Roland, Romero, Rust, Scott, Sommers, Springer, Thibaudeau, Valle, Van Luven, Veloria, Wineberry, Wolfe and Mr. Speaker - 41.
Voting nay: Representatives Appelwick, Backlund, Ballard, Ballasiotes, Basich, Brumsickle, Carlson, Casada, Chandler, Chappell, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Flemming, Foreman, Forner, Fuhrman, Hansen, Horn, Johanson, Johnson, L., Johnson, R., Karahalios, Kessler, Lemmon, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Padden, Patterson, Quall, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Wang, Wood and Zellinsky - 56.
Excused: Representative Riley - 1.
House Bill No. 2641, having failed to receive the constitutional majority, was declared lost.
HOUSE BILL NO. 2679, by Representatives Morris, Long, Springer, Chappell, Campbell, Johanson, Brough, Moak, Fuhrman, Padden, Mielke, Cooke and Van Luven
Limiting stays of judgment pending appeal for serious violent and sex offenders.
House Bill No. 2679 was read the second time.
Representative Morris moved adoption of the following amendment by Representatives Morris and others:
Strike everything after the enacting clause and insert the following:
Sec. 1. RCW 9.95.062 and 1989 c 276 s 1 are each amended to read as follows:
(1) Except as provided in subsections (2) and (3) of this section and notwithstanding CrR 3.2 or RAP 7.2, an appeal by a defendant in a criminal action shall not stay the execution of the judgment of conviction, ((if)) unless the court determines by a preponderance of the evidence that:
(a) The defendant is ((likely)) unlikely to flee or unlikely to pose a danger to the safety of any other person or the community if the judgment is stayed; or
(b) The delay resulting from the stay will not unduly diminish the deterrent effect of the punishment; or
(c) A stay of the judgment will not cause unreasonable trauma to the victims of the crime or their families; or
(d) The defendant has ((not)) undertake to the extent of the defendant's financial ability to pay the financial obligations under the judgment or has ((not)) posted an adequate performance bond to assure payment.
(2) An appeal by a defendant convicted of a serious violent or sex offense as defined in RCW 9.94A.030 shall not stay execution of the judgment of conviction.
(3) An appeal by a defendant convicted of a "crime against persons: as defined in RCW 9.94A.440 or a "crime of harassment" as defined in RCW 9A.46.060 which is not a serious violent or sex offense shall not stay execution of the judgment of conviction unless the court finds by clear, cogent, and convincing evidence that:
(a) The defendant is unlikely to flee or unlikely to pose a danger to the safety of the victim, any other person, or the community if the judgment is stayed; or
(b) A stay of the judgment will not cause unreasonable trauma to the victims of the crime or their families.
(4) The court shall obtain the input of the crime victims or the victims' families if available when the court considers whether to stay the judgment.
(5) In any contested bail hearing, the court shall make findings of fact under this section.
(6) In case the defendant has been convicted of a felony, and has been unable to obtain release pending the appeal by posting an appeal bond, cash, adequate security, release on personal recognizance, or any other conditions imposed by the court the time the defendant has been imprisoned pending the appeal shall be deducted from the term for which the defendant was sentenced, if the judgment is affirmed."
Representative Morris spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2679.
Representatives Morris and Long spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2679, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Riley - 1.
Engrossed House Bill No. 2679, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2718, by Representatives G. Fisher, Fuhrman, Foreman, Brown, Bray and Kremen
Excepting utility-related real estate tax affidavits from certain verification requirements.
The bill was read the second time.
On motion of Representative Holm, Substitute House Bill No. 2718 was substituted for House Bill No. 2718, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2718 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2718.
Representatives G. Fisher and Foreman spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2718, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 2, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 95.
Absent: Representatives Ogden and Wood - 2.
Excused: Representative Riley - 1.
Substitute House Bill No. 2718, having received the constitutional majority, was declared passed.
HOUSE JOINT MEMORIAL NO. 4026, by Representatives Shin, Wineberry, Valle, Linville, Hansen, Quall, Basich, Grant, Forner, Patterson, Johanson, Sheldon, Leonard, Schoesler, Campbell, Lisk, Chandler, Foreman, Kremen, Springer and J. Kohl
Requesting that federal law be amended to allow foreign-flagged cruise ships between U.S. ports.
The memorial was read the second time.
On motion of Representative Wineberry, Substitute House Joint Memorial No. 4026 was substituted for House Joint Memorial No. 4026, and the memorial was placed on the second reading calendar.
Substitute House Joint Memorial No. 4026 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the memorial was placed on final passage.
The Speaker stated the question before the House to be final passage of Substitute House Joint Memorial No. 4026.
Representative Shin spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Joint Memorial No. 4026, and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 1, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Voting nay: Representatives King and Thibaudeau - 2.
Absent: Representative Dunshee - 1.
Excused: Representative Riley - 1.
Substitute House Joint Memorial No. 4026, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House consider the following bills in the following order: House Bill No. 2850, House Bill No. 2727, House Bill No. 1869 and House Bill No. 2153. The motion was carried.
With the consent of the House, consideration of House Bill No. 2850 was deferred and the bill held its place on the second reading calendar.
HOUSE BILL NO. 2727, by Representatives King, Pruitt and Rust
Authorizing uses of bond proceeds in the local improvements revolving account--water supply facilities.
The bill was read the second time.
On motion of Representative Pruitt, Substitute House Bill No. 2727 was substituted for House Bill No. 2727, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2727 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2727.
Representatives King and Pruitt spoke in favor of passage of the bill and Representatives Rayburn, McMorris and Chandler spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2727, and the bill passed the House by the following vote: Yeas - 51, Nays - 46, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Basich, Brough, Brown, Campbell, Caver, Cole, G., Conway, Cothern, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Heavey, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Meyers, R., Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Romero, Rust, Scott, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 51.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Bray, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dellwo, Dyer, Edmondson, Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Johanson, Lemmon, Lisk, Long, Mastin, McMorris, Mielke, Moak, Morris, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 46.
Excused: Representative Riley - 1.
Substitute House Bill No. 2727, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1869, by Representative R. Meyers
Failing to return leased or rented machinery, equipment, or motor vehicles.
House Bill No. 1896 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of House Bill No. 1869.
Representatives R. Meyers and Padden spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1869, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Riley - 1.
House Bill No. 1869, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2153, by Representatives J. Kohl, Foreman, Thibaudeau, Ballasiotes, L. Johnson, Cooke, Valle, R. Johnson, Ogden, H. Myers, Heavey, Cothern, Appelwick, Anderson, Roland, Forner, Campbell, Kremen, Pruitt, Johanson, Kessler, Holm, King, Wineberry, Basich, Romero, Springer and Leonard
Requiring the superintendent of public instruction to develop sexual harassment policy criteria for school districts.
The bill was read the second time.
On motion of Representative Cothern, Substitute House Bill No. 2153 was substituted for House Bill No. 2153, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2153 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2153.
Representatives J. Kohl, Brough, Dorn, Ogden, Forner, Foreman and Wood spoke in favor of passage of the bill.
Representative B. Thomas spoke against the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2153, and the bill passed the House by the following vote: Yeas - 87, Nays - 10, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Long, Mastin, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Sommers, Springer, Tate, Thibaudeau, Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 87.
Voting nay: Representatives Ballard, Chandler, Fuhrman, Lisk, McMorris, Padden, Silver, Stevens, Talcott and Thomas, B. - 10.
Excused: Representative Riley - 1.
Substitute House Bill No. 2153, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House consider the following bills in the following order: House Joint Memorial No. 4031 and Engrossed Substitute House Bill No. 1445. The motion was carried.
The Speaker called upon Representative R. Meyers to preside.
HOUSE JOINT MEMORIAL NO. 4031, by Representatives Brough, Heavey, Van Luven, Moak, Silver, Reams, Jones, Fuhrman, Linville, Campbell, Horn, Wineberry, Conway and Anderson
Petitioning for a legal suit on behalf of American Prisoners of War and personnel that are missing in action.
House Joint Memorial No. 4031 was read the second time.
Representative Shin moved adoption of the following amendment by Representatives Shin and others:
On page 3, line 35, after "Kampuchea," insert "North Korea,"
On page 4, line 2, after "Action" insert "from World War II, the Korean conflict, and Southeast Asia"
On page 5, line 27, after "Kampuchea," insert "North Korea,"
On page 5, line 29, after "Kampuchea," insert "North Korea, Russia, the People's Republic of China"
On page 5, line 38, after "captivity in" insert "North Korea, Russia, the People's Republic of China, and"
Representatives Shin and Brough spoke in favor of the adoption of the amendment and it was adopted.
The memorial was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker assumed the chair.
The Speaker stated the question before the House to be final passage of Engrossed House Joint Memorial No. 4031.
Representatives Brough, Campbell and Shin spoke in favor of passage of the memorial and Representatives Sehlin, Talcott, B. Thomas, Flemming, Dyer and Carlson spoke against it.
Representative Campbell again spoke for passage of the memorial.
Engrossed House Joint Memorial No. 4031 passed the House.
MOTIONS
Representative Peery moved that the House defer consideration of Engrossed Substitute House Bill No. 1445 and that the bill hold its place on the second reading calendar. The motion was carried.
Representative Peery moved that the House immediately consider House Bill No. 2850 on the second reading calendar. The motion was carried.
HOUSE BILL NO. 2850, by Representatives Dorn, Brough, Cothern and Karahalios
Changing education provisions.
The bill was read the second time.
On motion of Representative Dorn, Substitute House Bill No. 2850 was substituted for House Bill No. 2850, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2850 was read the second time.
Representative Dorn moved adoption of the following amendment by Representative Dorn:
On page 2, line 30, after "allocated." insert "Activities conducted pursuant to this section also may be conducted during the months of July and August preceding each school year for which the school has received a grant. Expenses incurred as a result of these summer activities may be paid from the following school year grant."
Representatives Dorn and Brough spoke in favor of the adoption of the amendment and it was adopted.
Representative Stevens moved adoption of the following amendment by Representative Stevens:
On page 9, after line 3, insert the following:
"Sec. 10. RCW 28A.150.210 and 1993 c 336 s 101 are each amended to read as follows:
(1) The goal of the Basic Education Act for the schools of the state of Washington set forth in this chapter shall be to provide students with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives.
Certain basic values and character traits are integral to achieving student learning goals and it is important that they be integrated throughout kindergarten through grade twelve curriculum and instruction as determined by consensus at the local level. While these basic values and character traits are not measurable as essential learning requirements or standards for graduation, they are essential for attaining individual liberty, fulfillment and happiness.
These basic values and character traits include the importance of:
(a) Honesty, integrity and trust;
(b) Respect for self and others;
(c) Responsibility for personal actions and commitments;
(d) Self-discipline and moderation;
(e) Diligence and a positive work ethic;
(f) Respect for law and authority;
(g) Healthy and constructive behavior; and
(h) Family as the basis of society.
(2) To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for all students to develop the knowledge and skills essential to:
(((1))) (a) Read with comprehension, write with skill, and communicate effectively and responsibly in a variety of ways and settings;
(((2))) (b) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history; geography; arts; and health and fitness;
(((3))) (c) Think analytically, logically, and creatively, and to integrate experience and knowledge to form reasoned judgments and solve problems; and
(((4))) (d) Understand the importance of work and how performance, effort, and decisions directly affect future career and educational opportunities."
Representatives Stevens, Dorn, Brough, Padden and Cothern spoke in favor of the adoption of the amendment. The amendment was adopted.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2850.
Representatives Dorn and Brough spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2850, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Riley - 1.
Engrossed Substitute House Bill No. 2850, having received the constitutional majority, was declared passed.
MOTION FOR RECONSIDERATION
Representative Chappell, having voted on the prevailing side, moved that the House immediately reconsider the vote by which House Bill No. 2641 failed to pass the House.
Representative Padden spoke against the motion to reconsider House Bill No. 2641.
The Speaker divided the House. The result of the division was: 51-YEAS; 46-NAYS. The motion to reconsider was adopted.
RECONSIDERATION
The Speaker stated the question before the House to be reconsideration of final passage of House Bill No. 2641.
Representatives Heavey and Cooke spoke in favor, Representatives Foreman, Mastin and Horn, spoke against passage of the bill.
Representative Padden spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2641 on reconsideration, and the bill passed the House by the following vote: Yeas - 52, Nays - 45, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Basich, Bray, Brown, Campbell, Caver, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Roland, Romero, Rust, Shin, Sommers, Springer, Thibaudeau, Valle, Van Luven, Veloria, Wineberry, Wolfe and Mr. Speaker - 52.
Voting nay: Representatives Appelwick, Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Dorn, Dyer, Edmondson, Eide, Foreman, Forner, Fuhrman, Hansen, Horn, Jacobsen, Lemmon, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Padden, Quall, Rayburn, Reams, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Wang, Wood and Zellinsky - 45.
Excused: Representative Riley - 1.
House Bill No. 2641, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House immediately consider Engrossed Substitute House Bill No. 1445 on the second reading calendar. The motion was carried.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1445, by Representatives J. Kohl, Brough, Wineberry, Romero, Veloria, Ogden, G. Cole, Thibaudeau, Anderson, Sheldon, Leonard, Shin, Wang and Heavey
Modifying the scope of the state law against discrimination.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass second substitute by Committee on Commerce & Labor as amended by the Committee on Appropriations. (For committee amendment see Journal, 29th Day, February 7, 1994.)
Representative Valle moved the adoption of the committee amendment.
Representative Silver moved adoption of the following amendment by Representatives Appelwick and Silver to the committee amendment:
On page 1, beginning on line 5 of the amendment, strike lines 5 through 10 and insert the following: "brochure to inform employers how to engage in employment without discrimination, and mail or otherwise distribute the brochure before June 30, 1994, to all employers with one to seven employees as identified by the employment security department on January 1, 1994. The brochure shall be distributed through a joint effort with the department of revenue and department of labor and industries. The commission shall also provide the brochure at anytime to any other person upon request"
Representatives Silver, Valle and Appelwick spoke in favor of the adoption of the amendment. The committee amendment as amended was adopted.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick:
On page 1, beginning on line 5, strike Section 1
Representative Appelwick spoke in favor of the adoption of the amendment and Representative Padden spoke against it. The amendment was adopted.
Representative Morris moved adoption of the following amendment by Representative Morris and others:
On page 2, after line 17, insert the following:
"Sec. 2. RCW 49.60.030 and 1993 c 69 s 1 and 1993 c 510 s 3 are each reenacted and amended to read as follows:
"(1) The right to be free from discrimination because of race, creed, color, national origin, sex, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service dog by a disabled person is recognized as and declared to be a civil right. This right shall include, but not be limited to:
(a) The right to obtain and hold employment without discrimination;
(b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;
(c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;
(d) The right to engage in credit transactions without discrimination;
(e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination: PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph; and
(f) The right to engage in commerce free from any discriminatory boycotts or blacklists. Discriminatory boycotts or blacklists for purposes of this section shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, the presence of any sensory, mental, or physical disability, or the use of a trained guide dog or service dog by a disabled person, or national origin or lawful business relationship: PROVIDED HOWEVER, That nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices.
(2) Except as limited in this chapter, any person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys' fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.)((; and)).
(3) Except for any unfair practice committed by an employer against an employee or a prospective employee, or any unfair practice in a real estate transaction which is the basis for relief specified in the amendments to RCW 49.60.225 contained in chapter 69, Laws of 1993, any unfair practice prohibited by this chapter which is committed in the course of trade or commerce as defined in the Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of applying that chapter, a matter affecting the public interest, is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce."
On page 2, line 30, after "includes" insert ", for purposes of the jurisdiction of the Washington state human rights commission,"
On page 2, line 37, after "activities" insert ". "Employer" shall continue to include, for purposes of a civil action based on a violation of this chapter, any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons, and does not include any religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities"
Representatives Morris, R. Johnson, Basich, Sheldon, Long and Cooke spoke in favor of the adoption of the amendment and Representatives Heavey, Appelwick and J. Kohl spoke against it.
Representative Morris again spoke in favor of the amendment.
Representative Fuhrman demanded an electronic roll call vote and the demand was sustained.
The Speaker called upon Representative R. Meyers to preside.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 2, line 17, to Second Substitute House Bill No. 1445, and the amendment was adopted by the following vote: Yeas - 53, Nays - 43, Absent - 1, Excused - 1.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Basich, Brough, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Cothern, Dorn, Dyer, Edmondson, Eide, Finkbeiner, Foreman, Forner, Fuhrman, Horn, Johnson, R., Jones, Kessler, Kremen, Lemmon, Lisk, Long, Mastin, McMorris, Mielke, Morris, Orr, Padden, Patterson, Quall, Rayburn, Reams, Romero, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven, Wood and Zellinsky - 53.
Voting nay: Representatives Anderson, Appelwick, Bray, Brown, Campbell, Caver, Cole, G., Conway, Dellwo, Dunshee, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Karahalios, King, Kohl, J., Leonard, Linville, Meyers, R., Moak, Myers, H., Ogden, Peery, Pruitt, Roland, Rust, Schmidt, Scott, Sommers, Springer, Thibaudeau, Valle, Veloria, Wineberry, Wolfe and Mr. Speaker - 43.
Absent: Representative Wang - 1.
Excused: Representative Riley - 1.
With the consent of the House, Representative Padden withdrew amendment number 1053 to Engrossed Substitute House Bill No. 1445.
Representative Foreman moved adoption of the following amendment by Representative Foreman and Padden:
On page 2, line 32, after "religious" strike everything through line 37 and insert "or sectarian organization not organized for private profit;"
Representatives Foreman and Quall spoke in favor of the adoption of the amendment and Representative Springer spoke against it.
Representative Fuhrman demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 2, line 32, to Second Substitute House Bill No. 1445, and the amendment was not adopted by the following vote: Yeas - 43, Nays - 54, Absent - 0, Excused - 1.
Voting yea: Representatives Backlund, Ballard, Basich, Bray, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Cothern, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Johanson, Johnson, R., Kremen, Lisk, Long, Mastin, McMorris, Mielke, Padden, Quall, Rayburn, Reams, Roland, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 43.
Voting nay: Representatives Anderson, Appelwick, Ballasiotes, Brough, Brown, Caver, Cole, G., Conway, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johnson, L., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Romero, Rust, Schmidt, Scott, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 54.
Excused: Representative Riley - 1.
Representative Kremen moved adoption of the following amendment by Representative Kremen and others:
On page 2, line 37, after "activities" insert ". Nothing in this subsection shall in any way limit, prohibit, or constrain the ability of a religious corporation, association, educational institution, or society to employ, discharge, or discipline an employee based on the religious doctrine, beliefs, or practices of the particular religious corporation, association, educational institution, or society"
Representatives Kremen, Foreman and Carlson spoke in favor of the adoption of the amendment.
Representative Mielke demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 2, line 37, to Second Substitute House Bill No. 1445, and the amendment was adopted by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Voting nay: Representative Caver - 1.
Excused: Representative Riley - 1.
Representative Kremen yielded to a question by Representative J. Kohl.
Representative J. Kohl: (1) On line 7 of your amendment the word "religious" precedes, the words "doctrine, beliefs, or practices:' and (2) on lines 5 and 8 of your amendment the word "religious" precedes the words "corporation, association, educational institutional, or society."
Is the word "religious" intended to modify each word listed after it--meaning "religious doctrine, religious beliefs, or religious practices: and also meaning religious corporation, religious association, religious educational institution, or religious society?"
Representative Kremen: Yes, indeed.
With the consent of the House, Representative Lisk withdrew amendment number 1031 to Second Substitute House Bill No. 1445.
Representative Peery moved that the House defer further consideration of Second Substitute House Bill No. 1445 and that the bill hold its place on the second reading calendar.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
MOTION
Representative Peery moved that the House immediately consider House Bill No. 2510 on the second reading calendar. The motion was carried.
MESSAGE FROM THE SENATE
February 15, 1994
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5057,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5468,
ENGROSSED SENATE BILL NO. 5920,
SUBSTITUTE SENATE BILL NO. 6000,
SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 6009,
SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 6013,
SUBSTITUTE SENATE BILL NO. 6073,
SUBSTITUTE SENATE BILL NO. 6209,
SUBSTITUTE SENATE BILL NO. 6230,
SUBSTITUTE SENATE BILL NO. 6295,
SUBSTITUTE SENATE BILL NO. 6298,
SUBSTITUTE SENATE BILL NO. 6384,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6461,
SUBSTITUTE SENATE BILL NO. 6463,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6467,
ENGROSSED SENATE BILL NO. 6480,
SUBSTITUTE SENATE BILL NO. 6509,
ENGROSSED SENATE BILL NO. 6564,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
HOUSE BILL NO. 2510, by Representatives R. Meyers, Reams, Brough, Dorn, Dunshee, Johanson, Pruitt, Shin, Zellinsky, Carlson, R. Johnson, J. Kohl, Karahalios, Basich, Jones, Bray, R. Fisher, Holm, Moak, Sheldon, Valle, Chappell, Eide, Wolfe, B. Thomas, Dyer, King, G. Fisher, L. Johnson, Dellwo, Ogden, Roland, Grant, Jacobsen, Quall, Rayburn, Morris, Romero, Rust, Kremen, Conway, Linville, Patterson, Forner, Long, Mielke, Springer, Cothern, Kessler, H. Myers, Tate, Backlund, Cooke, Wood and Mastin; by request of Governor Lowry
Implementing regulatory reform.
The bill was read the second time.
On motion of Representative Anderson, Substitute House Bill No. 2510 was substituted for House Bill No. 2510, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2510, was read the second time.
On motion of Representative Valle, Second Substitute House Bill No. 2510 was substitute for Substitute House Bill No. 2510, and the bill was placed on the second reading calendar.
Second Substitute House Bill No. 2510 was read the second time.
Representative Anderson moved adoption of the following amendment by Representative Anderson:
Beginning on page 1, line 18, strike all of section 1
Representative Anderson spoke in favor of the adoption of the amendment and it was adopted.
Representative Wood moved adoption of the following amendment by Representative Wood:
On page 2, after line 6, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 44.04 RCW to read as follows:
Appropriate standing committees of the senate and house of representatives shall prepare a regulatory note as part of the bill report on each bill before the committee that grants rule-making authority to a state agency. The regulatory note shall identify if rule making is required or authorized by the bill, describe the nature of the rule making, identify agencies to which rule making is delegated, and identify any other agencies that have rule-making authority over the same activity or subject matter. In addition, the regulatory note shall contain a checklist confirming that the committee addressed the following criteria:
(1) Whether the bill responds to a specific, identifiable regulatory need and whether government is the most appropriate institution to address the need;
(2) Whether the bill contains a clear statement of legislative intent and identification of the state agency or local government charged with carrying out the intent;
(3) Whether the bill contains measurable outcomes and an evaluation process that will be used to determine if the outcomes are achieved;
(4) Whether there has been adequate involvement of affected interests in the development of the bill;
(5) Whether the costs of compliance and administration have been estimated, whether the bill achieves its outcomes with the least cost and burden to those affected by the regulation, and whether the cost of not enacting the law has been considered;
(6) Whether the bill adequately allows for voluntary compliance;
(7) Whether the bill is written clearly and concisely, without ambiguities; and
(8) Whether the bill adequately resolves potential conflicts with other laws."
Representative Wood spoke in favor of the adoption of the amendment and Representative Peery spoke against it.
MOTIONS
On motion of Representative Wood, Representatives Sheahan and Casada were excused.
On motion of Representative J. Kohl, Representative Leonard was excused.
Representative Fuhrman demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 2, line 6, to Second Substitute House Bill No. 2510, and the amendment was not adopted by the following vote: Yeas - 32, Nays - 61, Absent - 1, Excused - 4.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Long, Mastin, McMorris, Mielke, Padden, Reams, Schmidt, Schoesler, Sehlin, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 32.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Caver, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wolfe, Zellinsky and Mr. Speaker - 61.
Absent: Representative Wineberry - 1.
Excused: Representatives Casada, Leonard, Riley and Sheahan - 4.
With the consent of the House, Representative Silver withdrew amendment number 1097 to Second Substitute House Bill No. 2510.
Representative R. Meyers moved adoption of the following amendment by Representative R. Meyers:
On page 3, after line 38, insert the following:
"(4) When adopting an emergency rule, an agency shall meet the requirements of section 4(1) and (2) of this act or provide written justification for its failure to provide the information."
Representative R. Meyers spoke in favor of the adoption of the amendment and it was adopted.
Representative Schoesler moved adoption of the following amendment by Representative Schoesler:
On page 3, after line 38, insert the following:
"NEW SECTION. Sec. 4. A new section is added to chapter 34.05 RCW to read as follows:
Unless specifically and expressly authorized by state statute, state agency rules shall not exceed federal rules as they exist on January 31, 1994, if the federal rules are on the same subject as the agency rules."
Representative Schoesler spoke in favor of the adoption of the amendment and Representative King spoke against it.
Representative Schoesler again spoke in favor of adoption of the amendment.
Representative Mielke demanded an electronic roll call vote and the demand was sustained.
On motion of Representative J. Kohl, Representative Wineberry was excused.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 3, line 38, to Second Substitute House Bill No. 2510, and the amendment was not adopted by the following vote: Yeas - 35, Nays - 58, Absent - 0, Excused - 5.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Lisk, Long, Mastin, McMorris, Mielke, Padden, Reams, Schmidt, Schoesler, Sehlin, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 35.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Roland, Romero, Rust, Scott, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wolfe, Zellinsky and Mr. Speaker - 58.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Wineberry - 5.
With the consent of the House, Representative Reams withdrew amendment number 1101 to Second Substitute House Bill No. 2510.
Representative Reams moved adoption of the following amendment by Representative Reams:
On page 4, beginning on line 30, after "review." strike everything through "review." on line 32
Representative Reams spoke in favor of the adoption of the amendment and Representative R. Meyers spoke against it.
Representative Padden demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 4, line 30, to Second Substitute House Bill No. 2510, and the amendment was not adopted by the following vote: Yeas - 32, Nays - 61, Absent - 0, Excused - 5.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Long, Mastin, McMorris, Mielke, Padden, Reams, Schmidt, Schoesler, Sehlin, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 32.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Caver, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wolfe, Zellinsky and Mr. Speaker - 61.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Wineberry - 5.
Representative Reams moved adoption of the following amendment by Representative Reams:
On page 4, after line 32, insert the following:
"(3) Grants of rule-making authority to an agency by the legislature shall be narrowly construed."
Representative Reams spoke in favor of the adoption of the amendment and Representative R. Meyers spoke against it.
Representative Fuhrman demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 4, line 32, to Second Substitute House Bill No. 2510, and the amendment was not adopted by the following vote: Yeas - 34, Nays - 59, Absent - 0, Excused - 5.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Kremen, Lisk, Long, McMorris, Mielke, Padden, Reams, Schmidt, Schoesler, Sehlin, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 34.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wolfe, Zellinsky and Mr. Speaker - 59.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Wineberry - 5.
Representative Carlson moved adoption of the following amendment by Representative Carlson:
On page 4, after line 32, insert the following:
"(3) Upon adoption of any rule under this section, an agency shall have a plan to:
(a) Promote voluntary compliance; and
(b) Evaluate whether the rule avoids the taking of private property for public use unless no reasonable alternative exists that advances the public interest.
(4) As used in this section, "taking" means totally destroying or rendering valueless private property, damaging by a public use in connection with an actual taking by the exercise of eminent domain, or when there is interference with the use of property to the owner's prejudice, with resulting diminution in value. Police action to prevent or abate actual damage to another is not considered a taking."
Representatives Carlson, Forner, Padden, Mielke, Reams and Tate spoke in favor of the adoption of the amendment and Representatives R. Meyers, Appelwick, Dunshee and Heavey spoke against it.
Representative Carlson again spoke in favor of the amendment.
Representative Dunshee asked Representative Carlson to yield to a question and the request was denied.
Representative Brumsickle demanded an electronic roll call vote and the demand was sustained.
On motion of Representative J. Kohl, Representative Shin was excused.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 4, line 32, to Second Substitute House Bill No. 2510, and the amendment was not adopted by the following vote: Yeas - 40, Nays - 52, Absent - 0, Excused - 6.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Basich, Brough, Brumsickle, Campbell, Carlson, Chandler, Chappell, Cooke, Dorn, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Holm, Horn, Lisk, Long, McMorris, Mielke, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 40.
Voting nay: Representatives Anderson, Appelwick, Bray, Brown, Caver, Cole, G., Conway, Cothern, Dellwo, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Romero, Rust, Scott, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wolfe, Zellinsky and Mr. Speaker - 52.
Excused: Representatives Casada, Leonard, Riley, Sheahan, Shin and Wineberry - 6.
With the consent of the House, Representative Pruitt withdrew amendment number 955 to Second Substitute House Bill No. 2510.
Representative Pruitt moved adoption of the following amendment by Representative Pruitt and others:
On page 4, beginning on line 1, strike all of new section 4 and insert the following:
"NEW SECTION. Sec. 4. A new section is added to chapter 34.05 RCW to read as follows:
(1) Before adopting a rule, an agency shall evaluate:
(a) The need for the rule;
(b) Whether the likely benefits of the rule justify its likely costs;
(c) The economic and environmental consequences of adopting the rule of failing to adopt the rule, including the agency's compliance with chapters 19.85, 43.21C, and 43.21H RCW;
(d) Whether alternative rule language or alternatives to adopting the rule, including the no action alternative, may achieve the same purpose at less cost;
(e) Whether any conflict, overlap, or duplication with any other provision of federal or state lease is reasonably justified;
(f) Whether any differences between the proposed rule and rules adopted by the federal government on the same subject are reasonably justified, the costs and benefits that may result from such differences, and the statutory authority for the rule; and
(g) Whether any differences in the applicability of the rule to public and private entities are reasonably justified.
(2) The agency shall prepare a written description of the evaluations required under subsection (1) of this section. The description shall be part of the official rule-making file for the rule.
(3) Within a reasonable period of time after adopting rules, an agency shall have a plan to evaluate whether rules filed under each adopting order achieve the purpose for which they were adopted.
(4) Agency evaluations under subsection (1) of this section and the requirements of subsections (2) and (3) of this section are subject to the full scope of judicial review authorized in RCW 34.05.570(2)(C)."
Representatives Pruitt, R. Meyers and Dunshee spoke in favor of the adoption of the amendment and Representatives Horn, Mielke, Reams and King spoke against it.
Representative Peery demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 4, line 1, to Second Substitute House Bill No. 2510, and the amendment was adopted by the following vote: Yeas - 80, Nays - 13, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Carlson, Caver, Chandler, Chappell, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, Kremen, Lemmon, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Rust, Schmidt, Schoesler, Sehlin, Sheldon, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 80.
Voting nay: Representatives Campbell, Cole, G., Conway, Fisher, R., Heavey, Jacobsen, King, Kohl, J., Orr, Romero, Scott, Thibaudeau and Veloria - 13.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Shin - 5.
Representative Horn moved adoption of the following amendment by Representative Horn:
On page 4, line 1, strike all of section 4 and insert the following:
"NEW SECTION. Sec. 4. A new section is added to chapter 34.05 RCW to read as follows:
(1) In addition to other requirements imposed by law, an agency may not adopt a rule the violation of which subjects a person to a penalty or administrative sanction; that establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession; or that establishes, alters, or revokes a mandatory standard for a product or material that must be met before distribution or sale, unless:
(a) The rule is needed;
(b) The likely benefits of the rule are greater than its likely costs;
(c) There are no alternatives to the rule that would be as effective but less burdensome on those required to comply;
(d) Any fee imposed is reasonable and related to the cost of administration;
(e) The rule is clearly and simply stated, so that it can be understood by persons required to comply;
(f) The rule does not conflict with, overlap, or duplicate any other provision of federal, state, or local law;
(g) The rule does not, without express statutory authority to do so, differ from any provision of federal law regulating the same activity or subject matter; and
(h) The rule does not differ in its application to public and private entities.
(2) Upon adoption of any rule meeting the criteria in subsection (1) of this section, an agency shall have a plan to evaluate whether the rule achieves the purpose for which it was adopted."
Representatives Horn and Reams spoke in favor of the adoption of the amendment and Representative R. Meyers spoke against it.
Representative L. Thomas demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 4, line 1, to Second Substitute House Bill No. 2510, and the amendment was not adopted by the following vote: Yeas - 37, Nays - 56, Absent - 0, Excused - 5.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Basich, Brough, Brumsickle, Carlson, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Long, Mastin, McMorris, Mielke, Morris, Padden, Quall, Reams, Schmidt, Schoesler, Sehlin, Silver, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 37.
Voting nay: Representatives Anderson, Appelwick, Bray, Brown, Campbell, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Meyers, R., Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Rayburn, Roland, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 56.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Shin - 5.
MESSAGE FROM THE SENATE
February 15, 1994
Mr Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5038,
SECOND SUBSTITUTE SENATE BILL NO. 5579,
SUBSTITUTE SENATE BILL NO. 5714,
SECOND SUBSTITUTE SENATE BILL NO. 6107,
SUBSTITUTE SENATE BILL NO. 6164,
SUBSTITUTE SENATE BILL NO. 6375,
SUBSTITUTE SENATE BILL NO. 6380,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6407,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6426,
SUBSTITUTE SENATE BILL NO. 6487,
SUBSTITUTE SENATE BILL NO. 6505,
SUBSTITUTE SENATE BILL NO. 6556,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
With the consent of the House, Representative Reams withdrew amendment number 1075 to Second Substitute House Bill No. 2510.
Representative Mielke moved adoption of the following amendment by Representatives Mielke and Casada:
On page 4, after line 32, insert the following:
"NEW SECTION. Sec. 5. The legislature finds that it has allowed state agencies to adopt administrative rules without sufficient guidance from the legislature, relying on general grants of authority rather than specific legislative policy direction. This has resulted in agency-initiated policy that has been adopted without the benefit of the public dialogue and accountability inherent to the legislative process. It is therefore the intent of the legislature in this act to lessen reliance on general grants of authority, limit agency rule making to those matters specifically authorized by the legislature, and that grants of rule-making authority be narrowly construed.
Sec. 6. RCW 43.70.040 and 1989 1st ex.s. c 9 s 106 are each amended to read as follows:
In addition to any other powers granted the secretary, the secretary may:
(1) Adopt, in accordance with chapter 34.05 RCW, rules ((necessary to carry out the provisions of this act;)) or policy statements, other than emergency rules, only:
(a) As specifically required by federal law; or
(b) As specifically authorized, and only to the extent specifically authorized, by the legislature.
(2) Appoint such advisory committees as may be necessary to carry out the provisions of ((this act)) chapter 9, Laws of 1989 1st ex. sess. Members of such advisory committees are authorized to receive travel expenses in accordance with RCW 43.03.050 and 43.03.060. The secretary and the board of health shall review each advisory committee within their jurisdiction and each statutory advisory committee on a biennial basis to determine if such advisory committee is needed. The criteria specified in RCW 43.131.070 shall be used to determine whether or not each advisory committee shall be continued;
(3) Undertake studies, research, and analysis necessary to carry out the provisions of ((this act)) chapter 9, Laws of 1989 1st ex. sess. in accordance with RCW 43.70.050;
(4) Delegate powers, duties, and functions of the department to employees of the department as the secretary deems necessary to carry out the provisions of ((this act)) chapter 9, Laws of 1989 1st ex. sess.;
(5) Enter into contracts on behalf of the department to carry out the purposes of ((this act)) chapter 9, Laws of 1989 1st ex. sess.;
(6) Act for the state in the initiation of, or the participation in, any intergovernmental program to the purposes of ((this act)) chapter 9, Laws of 1989 1st ex. sess.; or
(7) Accept gifts, grants, or other funds.
Sec. 7. RCW 82.01.060 and 1977 c 75 s 92 are each amended to read as follows:
The director of revenue, hereinafter in ((this 1967 amendatory act)) chapter 26, Laws of 1967 ex. sess. referred to as the director, through the department of revenue, hereinafter in ((this 1967 amendatory act)) chapter 26, Laws of 1967 ex. sess. referred to as the department, shall:
(1) Assess and collect all taxes and administer all programs relating to taxes which are the responsibility of the tax commission at the time ((this 1967 amendatory act)) chapter 26, Laws of 1967 ex. sess. takes effect or which the legislature may hereafter make the responsibility of the director or of the department;
(2) ((Make, adopt and publish such rules and regulations as he may deem necessary or desirable to carry out the powers and duties imposed upon him or the department by the legislature: PROVIDED, That)) The director of revenue may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(a) As specifically required by federal law; or
(b) As specifically authorized, and only to the extent specifically authorized, by the legislature.
(3) Rules ((and regulations)) adopted by the tax commission prior to the effective date of this ((1967 amendatory)) 1994 act shall remain in force until such time as they may be revised or rescinded by the director;
(((3))) (4) Provide by general regulations for an adequate system of departmental review of the actions of the department or of its officers and employees in the assessment or collection of taxes;
(((4))) (5) Maintain a tax research section with sufficient technical, clerical and other employees to conduct constant observation and investigation of the effectiveness and adequacy of the revenue laws of this state and of the sister states in order to assist the governor, the legislature and the director in estimation of revenue, analysis of tax measures, and determination of the administrative feasibility of proposed tax legislation and allied problems;
(((5))) (6) Recommend to the governor such amendments, changes in, and modifications of the revenue laws as seem proper and requisite to remedy injustice and irregularities in taxation, and to facilitate the assessment and collection of taxes in the most economical manner.
NEW SECTION. Sec. 8. A new section is added to chapter 43.21A RCW to read as follows:
The director of the department of ecology may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
NEW SECTION. Sec. 9. A new section is added to chapter 43.22 RCW to read as follows:
The director of the department of labor and industries may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
NEW SECTION. Sec. 10. A new section is added to chapter 43.24 RCW to read as follows:
The director of the department of licensing may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
Sec. 11. RCW 46.01.110 and 1979 c 158 s 120 are each amended to read as follows:
The director of licensing is hereby authorized to adopt ((and enforce such reasonable rules and regulations as may be consistent with and)), in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
The rules shall be necessary to carry out the provisions relating to vehicle licenses, certificates of ownership and license registration and drivers' licenses not in conflict with the provisions of Title 46 RCW.
Sec. 12. RCW 50.12.010 and 1977 c 75 s 75 are each amended to read as follows:
The commissioner shall administer this title. He or she shall have the power and authority to ((adopt, amend, or rescind such rules and regulations, to)) employ ((such)) persons, make ((such)) expenditures, require ((such)) reports, make ((such)) investigations, and take ((such)) other action as he or she deems necessary or suitable to that end. ((Such rules and regulations shall be effective upon publication and in the manner, not inconsistent with the provisions of this title, which the commissioner shall prescribe.)) The commissioner, in accordance with the provisions of this title, shall determine the organization and methods of procedure of the divisions referred to in this title, and shall have an official seal which shall be judicially noticed. The commissioner shall submit to the governor a report covering the administration and operation of this title during the preceding fiscal year, July 1 through June 30, and shall make ((such)) recommendations for amendments to this title as he or she deems proper. ((Such)) The report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserve shall be set up by the commissioner in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period. Whenever the commissioner believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, he or she shall promptly ((so)) inform the governor and legislature and make recommendations with respect thereto.
NEW SECTION. Sec. 13. A new section is added to chapter 50.12 RCW to read as follows:
The commissioner of the employment security department may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
Sec. 14. RCW 77.04.090 and 1984 c 240 s 1 are each amended to read as follows:
The commission shall adopt ((permanent rules and amendments to or repeals of existing rules)), in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature, by approval of four members by resolution, entered and recorded in the minutes of the commission. The commission shall adopt emergency rules by approval of four members. The commission or the director, when adopting emergency rules under RCW 77.12.150, shall adopt rules in conformance with chapter 34.05 RCW. Judicial notice shall be taken of the rules filed and published as provided in RCW 34.05.380 and 34.05.210.
A copy of an emergency rule, certified as a true copy by a member of the commission, the director, or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.
Sec. 15. RCW 43.17.060 and 1965 c 8 s 43.17.060 are each amended to read as follows:
The director of each department may prescribe ((rules and regulations,)) guidelines not inconsistent with law, for the government of his or her department, the conduct of its subordinate officers and employees, the disposition and performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto. This section shall not be construed to authorize the adoption of rules under chapter 34.05 RCW.
NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed:
(1) RCW 43.21A.080 and 1970 ex.s. c 62 s 8; and
(2) RCW 50.12.040 and 1973 1st ex.s. c 158 s 3 & 1945 c 35 s 43.
Sec. 17. RCW 48.02.060 and 1947 c 79 s .02.06 are each amended to read as follows:
(1) The commissioner shall have the authority expressly conferred upon him by or reasonably implied from the provisions of this code.
(2) The commissioner shall execute his duties and shall enforce the provisions of this code.
(3) The commissioner may:
(a) ((Make reasonable rules and regulations for effectuating any provision of this code, except those relating to his election, qualifications, or compensation. No such rules and regulations shall be effective prior to their being filed for public inspection in the commissioner's office)) Adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(i) As specifically required by federal law; or
(ii) As specifically authorized, and only to the extent specifically authorized, by the legislature.
(b) Conduct investigations to determine whether any person has violated any provision of this code.
(c) Conduct examinations, investigations, hearings, in addition to those specifically provided for, useful and proper for the efficient administration of any provision of this code."
Representatives Mielke and Reams spoke in favor of the adoption of the amendment and Representative R. Meyers spoke against it.
Representative McMorris demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 4, line 32, to Second Substitute House Bill No. 2510, and the amendment was not adopted by the following vote: Yeas - 35, Nays - 58, Absent - 0, Excused - 5.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Long, Mastin, McMorris, Mielke, Padden, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 35.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Romero, Rust, Scott, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 58.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Shin - 5.
Representative Springer moved adoption of the following amendment by Representative Springer and R. Myers:
On page 4, after line 32, insert the following:
"Sec. 5. RCW 34.05.325 and 1992 c 57 s 1 are each amended to read as follows:
(1) The agency shall make a good faith effort to insure that the information on the proposed rule published pursuant to RCW 34.05.320 accurately reflects the rule to be presented and considered at the oral hearing on the rule. Written comment about a proposed rule, including supporting data, shall be accepted by an agency if received no later than the time and date specified in the notice, or such later time and date established at the rule-making hearing.
(2) The agency shall provide an opportunity for oral comment to be received by the agency in a rule-making hearing.
(3) If the agency possesses equipment capable of receiving telefacsimile transmissions or recorded telephonic communications, the agency may provide in its notice of hearing filed under RCW 34.05.320 that interested parties may comment on proposed rules by these means. If the agency chooses to receive comments by these means, the notice of hearing shall provide instructions for making such comments, including, but not limited to, appropriate telephone numbers to be used; the date and time by which comments must be received; required methods to verify the receipt and authenticity of the comments; and any limitations on the number of pages for telefacsimile transmission comments and on the minutes of tape recorded comments. The agency shall accept comments received by these means for inclusion in the official record if the comments are made in accordance with the agency's instructions.
(4) The agency head, a member of the agency head, or a presiding officer designated by the agency head shall preside at the rule-making hearing. Rule-making hearings shall be open to the public. The agency shall cause a record to be made of the hearing by stenographic, mechanical, or electronic means. Unless the agency head presides or is present at substantially all the hearings, the presiding official shall prepare a memorandum for consideration by the agency head, summarizing the contents of the presentations made at the rule-making hearing. The summarizing memorandum is a public document and shall be made available to any person in accordance with chapter 42.17 RCW.
(5) Rule-making hearings are legislative in character and shall be reasonably conducted by the presiding official to afford interested persons the opportunity to present comment. Rule-making hearings may be continued to a later time and place established on the record without publication of further notice under RCW 34.05.320.
(6) Before the adoption of a final rule, an agency shall prepare a written summary of all comments received regarding the proposed rule, and a substantive response to the comments by category or subject matter, indicating how the final rule reflects agency consideration of the comments, or why it fails to do so. The agency shall provide the written summary and response to any person upon request or from whom the agency received comment."
On page 5, at the beginning of line 12, strike "(1)" and insert "(((1)))"
On page 5, line 15, after "identifying" strike "(a)" and insert "(((a))) (1)"
On page 5, line 16, after "rule," strike "((and)) (b)" and insert "((and (b))) (2)"
On page 5, line 19, after "and" strike "(c)" and insert "(3)"
On page 5, line 19, after "agency's" insert "substantive"
On page 5, beginning on line 21, strike everything through "rule." on line 26, and insert the following:
"(((2) Upon the request of any interested person within thirty days after adoption of a rule, the agency shall issue a concise statement of the principal reasons for overruling the considerations urged against its adoption.))"
Representative Springer spoke in favor of the adoption of the amendment and it was adopted.
Representative Finkbeiner moved adoption of the following amendment by Representative Finkbeiner:
On page 5, line 4, after "agency" insert "headed by a nonelected official"
Representatives Finkbeiner and R. Meyers spoke in favor of the adoption of the amendment and Representative Mielke spoke against it.
Representative Mielke demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 5, line 4, to Second Substitute House Bill No. 2510, and the amendment was adopted by the following vote: Yeas - 63, Nays - 30, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brough, Brown, Campbell, Caver, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Patterson, Peery, Pruitt, Quall, Rayburn, Roland, Romero, Rust, Scott, Sheldon, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 63.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Brumsickle, Carlson, Chandler, Cooke, Dyer, Edmondson, Forner, Fuhrman, Horn, Lisk, Long, McMorris, Mielke, Orr, Padden, Reams, Schmidt, Schoesler, Sehlin, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 30.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Shin - 5.
With the consent of the House, Representative Reams withdrew amendment number 1076 to Second Substitute House Bill No. 2510.
Representative Reams moved adoption of the following amendment by Representative Reams:
On page 6, after line 30, insert the following:
"Sec. 9. RCW 19.86.060 and 1989 c 374 s 5 are each amended to read as follows:
An agency is not required to prepare a small business economic impact statement if the agency files a statement that ((:
(1) )) the rule is being adopted solely for the purpose of conformity or compliance, or both, with federal law or regulations ((; or
(2) The rule will have a minor or negligible economic impact. The business assistance center shall develop guidelines for determining whether a proposed rule will have minor or negligible impacts. The business assistance center may review a proposed rule that indicates that there is only a minor or negligible economic impact to determine if the agency's assistancecenter. The business assistance center is authorized to advise the joint administrative rules review committee on disputes involving agency determinations under this section))."
Representative Reams spoke in favor of the adoption of the amendment and Representatives Campbell and R. Meyers spoke against it.
Representative Cooke demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 6, line 30, to Second Substitute House Bill No. 2510, and the amendment was not adopted by the following vote: Yeas - 39, Nays - 53, Absent - 1, Excused - 5.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Jones, Lisk, Long, Mastin, McMorris, Mielke, Morris, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheldon, Silver, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 39.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Meyers, R., Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Romero, Rust, Scott, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 53.
Absent: Representative Caver - 1.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Shin - 5.
Representative Campbell moved adoption of the following amendment by Representative Campbell:
On page 9, after line 18, insert the following:
"Sec. 12. RCW 19.85.060 and 1989 c 374 s 5 are each amended to read as follows:
An agency is not required to prepare a small business economic impact statement if the agency files a statement that:
(1) The rule is being adopted solely for the purpose of conformity or compliance, or both, with federal law or regulations; or
(2) The rule will have a minor or negligible economic impact when it does not exceed 0.001 multiplied by the average profits for businesses in any industry affected by a rule. The business assistance center shall develop guidelines ((for)) to assist agencies in determining whether a proposed rule will have minor or negligible impacts. The business assistance center may review a proposed rule that indicates that there is only a minor or negligible economic impact to determine if the agency's finding is within the guidelines developed by the business assistance center. The business assistance center is authorized to advise the joint administrative rules review committee on disputes involving agency determinations under this section."
Representative Campbell spoke in favor of the adoption of the amendment and Representative King spoke against it.
The amendment was adopted.
With the consent of the House, Representative Reams withdrew amendment number 1077 to Second Substitute House Bill No. 2510.
With the consent of the House, Representative Wood withdrew amendment number 1099 to Second Substitute House Bill No. 2510.
Representative Lisk moved adoption of the following amendment by Representative Lisk and Edmondson:
On page 9, after line 26, insert the following:
"NEW SECTION. Sec. 13. A new section is added to chapter 34.05 RCW to read as follows:
Before final adoption of a rule, each agency shall file with the chief clerk of the house of representatives and the secretary of the senate a copy of the rule for review by the appropriate standing committees of the legislature. Upon review, if a standing committee determines by majority vote that the rule is within the intent of the legislature as expressed by the statute that the rule implements, the rule is approved and may be adopted by the agency. If not approved, the rule may be modified by the agency so as to conform with the intent of the legislature and resubmitted for approval by the standing committees."
Representatives Lisk, Mielke and Horn spoke in favor of the adoption of the amendment and Representatives R. Meyers, Heavey and Jacobsen spoke against it.
Representative Backlund demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 9, line 26, to Second Substitute House Bill No. 2510, and the amendment was not adopted by the following vote: Yeas - 34, Nays - 59, Absent - 0, Excused - 5.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Long, McMorris, Mielke, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 34.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Romero, Rust, Scott, Sheldon, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 59.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Shin - 5.
Representative Forner moved adoption of the following amendment by Representative Forner:
On page 9, after line 34, insert the following:
"NEW SECTION. Sec. 14. A new section is added to chapter 4.84 RCW to read as follows:
A party that prevails in a judicial review of an agency action shall be awarded by the court, fees and other expenses not to exceed ten thousand dollars. A party shall be considered to have prevailed if the party obtained relief on a significant issue that achieves some benefit that the party sought."
Representatives Forner, Padden, Appelwick, Foreman, Zellinsky and Ballard spoke in favor of the adoption of the amendment and Representatives R. Meyers, Karahalios and Pruitt spoke against it.
Representative Sehlin demanded an electronic roll call vote and the demand was sustained.
Representative R. Meyers yielded to a question by Representative Appelwick.
Representative Appelwick: Thank you Mr. Speaker. Representative Meyers, calling your attention to amendment number 1078 on line 8, it says "a party that prevails". Would it be your intent and understanding that under this amendment, that a party that prevails could be either the state or the agency or the appealing party who is a non-agency?
Representative R. Meyers: Representative Appelwick, the prevailing party could clearly be the state of Washington and probably would be in most actions against agencies. This could end up costing the taxpayers and the state of Washington, individually, millions of dollars. It might help us to defer some of our costs, but clearly, the little guy could get wiped out by this amendment.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 9, line 34, to Second Substitute House Bill No. 2510, and the amendment was not adopted by the following vote: Yeas - 40, Nays - 53, Absent - 0, Excused - 5.
Voting yea: Representatives Appelwick, Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Chandler, Cooke, Dyer, Edmondson, Eide, Foreman, Forner, Fuhrman, Holm, Horn, Jones, Kremen, Lisk, Long, Mastin, McMorris, Mielke, Padden, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 40.
Voting nay: Representatives Anderson, Basich, Bray, Brown, Caver, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Jacobsen, Johanson, Johnson, L., Johnson, R., Karahalios, Kessler, King, Kohl, J., Lemmon, Linville, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Roland, Romero, Rust, Scott, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 53.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Shin - 5.
With the consent of the House, Representative Reams withdrew amendment number 1079 to Second Substitute House Bill No. 2510.
Representative Dyer moved adoption of the following amendment by Representative Dyer:
On page 10, beginning on line 9, strike all of section 15 and insert the following:
"NEW SECTION. Sec. 15. A new section is added to chapter 34.05 RCW to read as follows:
(1) An agency may immediately impose a penalty otherwise provided for by law for a violation of an administrative rule only if the entity on which the penalty will be imposed has: (a) Previously violated the same rule; or (b) willfully violated the rule. If a penalty is otherwise provided, but may not be imposed under this subsection, the agency shall issue a statement of deficiency.
(2) A statement of deficiency shall specify: (a) The particular rule violated; (b) the steps the entity must take to comply with the rule; (c) agency personnel designated by the agency to provide technical assistance regarding compliance with the rule; and (d) a date by which the entity is required to comply with the rule. The date specified shall provide a reasonable period of time for the entity to comply with the rule, considering the size of the entity, its available resources, and the threat posed by the violation. If the entity fails to comply with the rule by the date specified, it shall be subject to the penalty otherwise provided in law.
(3) Subsection (1) of this section shall not apply to any violation that places a person in danger of death or substantial bodily harm, is causing or is likely to cause significant environmental harm, or has caused or is likely to cause physical damage to the property of others in an amount exceeding one thousand dollars.
(4) The state, the agency, and officers or employees of the state shall not be liable for damages to any person to the extent that liability is asserted to arise from the technical assistance provided under this section, or if liability is asserted to arise from the failure of the agency to supply technical assistance.
(5) If a state agency has been delegated authority to enforce federal rules, the agency shall submit a written petition to the appropriate federal agency for authorization to comply with this section for all inspections while retaining the state's federal delegation. If the federal agency fails to provide the authorization, the agency shall comply with this section in all inspections except the minimum number of inspections required by the federal government for the program delegated to the state of Washington for enforcement."
Representative Dyer spoke in favor of the adoption of the amendment and Representative King spoke against it.
The Speaker called upon Representative Wang to preside.
Representative Talcott demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 10, line 9, to Second Substitute House Bill No. 2510, and the amendment was not adopted by the following vote: Yeas - 38, Nays - 55, Absent - 0, Excused - 5.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Kremen, Lisk, Long, Mastin, McMorris, Mielke, Morris, Padden, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Silver, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 38.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Linville, Meyers, R., Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Roland, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 55.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Shin - 5.
Representative R. Meyers moved adoption of the following amendment by Representative R. Meyers:
On page 15, line 9, after "mail" insert "or provide by personal service"
Representative R. Meyers spoke in favor of the adoption of the amendment and it was adopted.
With the consent of the House, amendment number 1086 to Second Substitute House Bill No. 2510 was withdrawn.
Representative Reams moved adoption of the following amendment by Representative Reams:
On page 15, line 11, after "complete." insert "The applicant and the city or county may agree in writing to a later date. If a city or county fails to mail the written notice within the later of thirty days after the application has been received or the date agreed to by the applicant and the city or county, the application shall be deemed complete and the city or county shall not require any additional information from the applicant."
Representative Reams spoke in favor of the adoption of the amendment and Representative R. Meyers spoke against it.
Representative B. Thomas demanded an electronic roll call vote and the demand was sustained.
Representative Reams again spoke in favor of the amendment.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 15, line 11, to Second Substitute House Bill No. 2510, and the amendment was not adopted by the following vote: Yeas - 37, Nays - 56, Absent - 0, Excused - 5.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Johnson, R., Lisk, Long, McMorris, Mielke, Padden, Quall, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 37.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Caver, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Romero, Rust, Scott, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 56.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Shin - 5.
Representative R. Meyers moved adoption of the following amendment by Representative R. Meyers:
On page 41, after line 18, insert the following:
"NEW SECTION. Sec. 48. This act applies prospectively only and not retroactively."
Representative R. Meyers spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2510.
Representative R. Meyers yielded to a question by Representative Johanson.
Representative Johanson: Is it the intent of this legislation that the evaluations state agencies must perform under section 4 as part of the rule adoption process be subject to the level of judicial review described by the Washington Supreme Court in its 1992 decision in Neah Bay Chamber of Commerce v. Department of Fisheries?
Representative R. Meyers: Yes. In that decision, the Court described a "middle level" of intensity of judicial scrutiny and concluded that this middle level, between a de novo review and a strictly procedural review, was the appropriate standard to be used in reviewing agency rule making. It is the intent of this legislation that agency compliance with the new rule adoption requirements in the bill be judged according to this standard.
Representatives R. Meyers and Mastin spoke in favor of passage of the bill and Representatives Ballard, Dyer, Sehlin, Stevens, Mielke and Reams spoke against the bill.
Representative Zellinsky demanded the previous question and the demand was sustained.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2510, and the bill passed the House by the following vote: Yeas - 64, Nays - 29, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Caver, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Forner, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Patterson, Peery, Pruitt, Quall, Rayburn, Roland, Romero, Rust, Schoesler, Scott, Sheldon, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 64.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Chandler, Dyer, Edmondson, Foreman, Fuhrman, Horn, Lisk, Long, McMorris, Mielke, Orr, Padden, Reams, Schmidt, Sehlin, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 29.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Shin - 5.
Second Substitute House Bill No. 2510, having received the constitutional majority, was declared passed.
There being no objection, the House reverted to the fourth order of business.
MOTION
On motion of Representative Peery, the rules were suspended and House Concurrent Resolution No. 4431 was advanced to second reading and read the second time in full.
On motion of Representative Peery, the rules were suspended, the second reading considered the third, and the resolution was placed on final passage.
Representative Reams moved adoption of the following amendment by Representative Reams:
On page 1, line 8, after "Committee: strike "shall selectively review" and insert "shall review all"
Representative Reams spoke in favor of the adoption of the amendment and Representative Peery spoke against it.
Representative Reams again spoke in favor of the amendment.
Representative Fuhrman demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 1, line 8, to House Concurrent Resolution No. 4431, and the amendment was not adopted by the following vote: Yeas - 35, Nays - 58, Absent - 0, Excused - 5.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Lisk, Long, McMorris, Mielke, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Silver, Stevens, Talcott, Tate, Thomas, L., Van Luven and Wood - 35.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Romero, Rust, Scott, Sheldon, Sommers, Springer, Thibaudeau, Thomas, B., Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 58.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Shin - 5.
With the consent of the House, the rules were suspended, the second reading considered the third, and the resolution was placed on final adoption.
The Speaker (Representative Wang presiding) stated the question before the House to be final adoption of House Concurrent Resolution No. 4431.
House Concurrent Resolution No. 4431 was adopted.
There being no objection, the House advanced to the eighth order of business.
HOUSE RESOLUTION NO. 94-4693, by Representatives Peery and Ballard
PERMANENT RULES OF THE HOUSE OF REPRESENTATIVES
FIFTY-THIRD LEGISLATURE
1993-1994
Duties of Committees
Sec. 1. HR 4608 Rule 24 is amended to read as follows:
Rule 24. House committees shall operate as follows:
(A) NOTICE OF COMMITTEE MEETING. The chief clerk shall make public the time, place and subjects to be discussed at committee meetings. All public hearings held by committees shall be scheduled at least five (5) days in advance and shall be given adequate publicity: PROVIDED, That when less than eight (8) days remain for action on a bill, the Speaker may authorize a reduction of the five-day notice period when required by the circumstances, including but not limited to the time remaining for action on the bill, the nature of the subject, and the number of prior hearings on the subject.
(B) COMMITTEE QUORUM. A majority of any committee shall constitute a quorum for the transaction of business.
(C) SESSION MEETINGS. No committee shall sit while the house is in session without special leave of the speaker.
(D) DUTIES OF STANDING COMMITTEES.
(1) Only such bills as are included on the written notice of a committee meeting may be considered at that meeting except upon the vote of a majority of the entire membership of the committee to consider another bill.
(2) A majority recommendation of a committee must be signed by a majority of the entire membership of the committee in a regularly called meeting before a bill, memorial or resolution may be reported out: PROVIDED, That by motion under the eighth order of business, a majority of the members elected to the house may relieve a committee of a bill and place it on the second reading calendar.
Majority recommendations of a committee can only be "do pass", "do pass as amended" or that "the substitute bill be substituted therefor and that the substitute bill do pass."
(3) Members of the committee not concurring in the majority report may prepare a written minority report containing a recommendation of "do not pass" or "without recommendation", which shall be signed by those members of the committee subscribing thereto, and submitted with the majority report.
(4) All committee reports shall be spread upon the journal. The journal of the house shall contain an exact copy of all committee reports, together with the names of the members signing such reports.
(5) Every vote to report a bill out of committee shall be taken by the yeas and nays, and the names of the members voting for and against, as well as the names of members absent, shall be recorded on the committee report and spread upon the journal. Any member may call for a recorded vote, which shall include the names of absent members, on any substantive question before the committee. A copy of all recorded committee votes shall be kept by the chief clerk and shall be available for public inspection.
(6) All bills having a direct appropriation shall be referred to the appropriate fiscal committee before their final passage. For purposes of this subsection, fiscal committee means the appropriations, capital budget, revenue, and transportation committees.
(7) No standing committee shall vote by secret written ballot on any issue.
(8) During its consideration of or vote on any bill, resolution or memorial, the deliberations of any standing committee of the house of representatives shall be open to the public.
(9) A standing committee to which a bill was originally referred shall, prior to voting the bill out of committee, consider whether the bill authorizes rule-making powers or requires the exercise of rule-making powers and, if so, consider:
(a) The nature of the new rule-making powers; and
(b) To which agencies the new rule-making powers would be delegated and which agencies, if any, may have related rule-making powers.
This subsection (9) takes effect April 1, 1994.
Representative Reams moved adoption of the following amendment by Representative Reams:
On page 2, line 32, strike everything through line 36 and insert the following:
"(9) A standing committee to which a bill was originally referred shall, prior to voting the bill out of committee, prepare a regulatory note as part of the committee bill report on the bill which shall state whether the bill authorizes new rule-making powers or requires the further exercise of current rule-making powers, and if so, state:
(a) The nature and extent of the new rule-making powers or further exercise of current rule-making powers; and"
Representative Reams spoke in favor of the adoption of the amendment and Representative Peery spoke against it.
Representative Brumsickle demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 1, line 8, to House Resolution No. 4693, and the amendment was not adopted by the following vote: Yeas - 34, Nays - 59, Absent - 0, Excused - 5.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Long, McMorris, Mielke, Padden, Patterson, Reams, Schmidt, Schoesler, Sehlin, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 34.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Rayburn, Roland, Romero, Rust, Scott, Sheldon, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 59.
Excused: Representatives Casada, Leonard, Riley, Sheahan and Shin - 5.
The Speaker (Representative Wang presiding) stated the question before the House to be final adoption of House Resolution No. 4693.
House Resolution No. 4693 was adopted.
Representative R. Meyers: Thank you Mr. Speaker. Throughout this process, wherever you came down on this, there were certainly a number of amendments, a lot of paper that was generated, and there was one person that worked this from the beginning to the end in O.P.R., a woman by the name of Bonnie Austin and I just wanted to say thanks to her. She helped us keep this all in order, and we would have been a lot later tonight had it not been for her efforts and I'd be remiss if I didn't thank her.
MOTION
Representative Peery moved that the House refer the following bills to the Committee on Rules: Engrossed Substitute House Bill No. 1363, Engrossed Substitute House Bill No. 1368, Engrossed Substitute House Bill No. 1412, House Concurrent Resolution No. 4412, House Bill No. 1553, House Bill No. 2090, Engrossed Second Substitute House Bill No. 1445, House Bill No. 2337 and House Bill No. 2600. The motion was carried.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Peery, the House adjourned until 10:00 a.m., Wednesday, February 16, 1994.
BRIAN EBERSOLE, Speaker
MARILYN SHOWALTER, Chief Clerk