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TWENTY-NINTH DAY

__________


AFTERNOON SESSION


__________


House Chamber, Olympia, Monday, February 6, 1995


             The House was called to order at 1:30 p.m. by the Speaker. The Clerk called the roll and a quorum was present.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Jackie Zehmer and Tracie Salsman. Prayer was offered by Reverend Peter Mans of The Olympia Christian Reform Center.


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


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


MESSAGES FROM THE SENATE


February 3, 1995


Mr. Speaker:


             The Senate has passed:


SUBSTITUTE SENATE BILL NO. 5022,

SENATE BILL NO. 5029,

SENATE BILL NO. 5128,

and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


February 6, 1995


Mr. Speaker:


             The President has signed:


HOUSE CONCURRENT RESOLUTION NO. 4400,

HOUSE CONCURRENT RESOLUTION NO. 4403,


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


 

HB 1693           by Representatives R. Fisher and K. Schmidt

 

AN ACT Relating to connections to the state highway system; and adding a new section to chapter 47.50 RCW.

 

Referred to Committee on Transportation.

 

HB 1694           by Representatives R. Fisher, K. Schmidt, Romero, Patterson, Quall and Costa

 

AN ACT Relating to motor vehicle excise tax distributions to transportation accounts; amending RCW 82.44.150; providing an effective date; and declaring an emergency.

 

Referred to Committee on Transportation.

 

HB 1695           by Representatives Pennington, G. Fisher, Thompson and Romero

 

AN ACT Relating to coastal crab fishing licenses; amending RCW 75.30.350, 75.30.360, 75.30.430, 75.30.050, 75.28.125, and 75.28.113; and repealing RCW 75.30.420 and 75.30.450.

 

Referred to Committee on Natural Resources.

 

HB 1696           by Representatives G. Fisher and Patterson

 

AN ACT Relating to city and town boundary changes; amending RCW 35.10.217; and adding a new section to chapter 36.93 RCW.

 

Referred to Committee on Government Operations.

 

HB 1697           by Representatives Robertson, Tokuda, Lambert, Delvin, D. Schmidt, Costa, Scott, Thibaudeau, L. Thomas and Cooke

 

AN ACT Relating to death investigations systems; amending RCW 46.61.5054, 43.103.030, 43.103.090, 66.08.180, 68.50.107, and 70.58.107; repealing 1994 c 275 s 44 (uncodified); and declaring an emergency.

 

Referred to Committee on Law & Justice.

 

HB 1698           by Representatives Sheahan and Schoesler

 

AN ACT Relating to local transit taxes; and amending RCW 82.14.046.

 

Referred to Committee on Transportation.

 

HB 1699           by Representatives Sehlin and Chopp

 

AN ACT Relating to application of the real estate excise tax to sales to public entities; and amending RCW 82.45.010.

 

Referred to Committee on Finance.

 

HB 1700           by Representatives Sehlin, Chopp, Quall and B. Thomas

 

AN ACT Relating to current use taxation provisions; amending RCW 84.33.120, 84.33.140, 84.34.108, 64.04.130, 84.34.037, and 84.34.070; and declaring an emergency.

 

Referred to Committee on Finance.

 

HB 1701           by Representatives L. Thomas, Wolfe, Veloria and B. Thomas

 

AN ACT Relating to library facilities; adding a new section to chapter 36.32 RCW; adding a new chapter to Title 27 RCW; and repealing RCW 27.14.010, 27.14.015, 27.14.020, 27.14.030, 27.14.035, 27.14.040, and 27.14.050.

 

Referred to Committee on Government Operations.

 

HB 1702           by Representatives Horn, Romero, Cole, Carlson, Cody, Cooke, Rust, Poulsen, Veloria, Mitchell, Reams, Jacobsen, Fuhrman and Costa

 

AN ACT Relating to wheelchair warranties; and amending RCW 19.184.010, 19.184.020, and 19.184.030.

 

Referred to Committee on Commerce & Labor.

 

HB 1703           by Representatives Cooke, Appelwick and L. Thomas

 

AN ACT Relating to accepting payment by state agencies; amending RCW 66.16.040; and adding a new section to chapter 43.17 RCW.

 

Referred to Committee on Government Operations.

 

HB 1704           by Representatives Lisk, L. Thomas, Ballasiotes, Kremen, Chappell, Cooke, Goldsmith, Padden, Radcliff, Mulliken, Pennington, McMorris, Smith, Delvin, Hickel, Mastin, Sehlin, Beeksma, Robertson, Cairnes, Koster, Brumsickle, D. Schmidt, Horn, Reams, Campbell, Chandler, Backlund, McMahan and Elliot

 

AN ACT Relating to sellers of travel; amending RCW 19.138.010, 19.138.021, 19.138.030, 19.138.040, 19.138.050, 19.138.140, 19.138.150, 19.138.160, 19.138.170, 19.138.180, 19.138.190, 19.138.200, 19.138.210, 19.138.220, 19.138.230, 19.138.240, 19.138.250, 19.138.270, 19.138.280, 19.138.300, and 19.138.310; repealing RCW 19.138.055, 19.138.100, 19.138.110, 19.138.120, 19.138.130, 19.138.1701, and 19.138.260; prescribing penalties; and providing an effective date.

 

Referred to Committee on Commerce & Labor.

 

HB 1705           by Representatives Huff, Casada, Kremen, Patterson, Grant, Kessler, G. Fisher, Mielke, Crouse, Chandler, Hankins, Mitchell, Hatfield, Campbell, Smith, L. Thomas, Horn and Benton

 

AN ACT Relating to excluding utility line clearing from the definition of retail sale; amending RCW 82.04.050 and 82.04.290; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; creating a new section; and declaring an emergency.

 

Referred to Committee on Energy & Utilities.

 

HB 1706           by Representatives Koster, Chandler, Johnson, McMorris, Honeyford, Mastin, Boldt, Clements, Benton, McMahan, Smith, Kremen and Robertson

 

AN ACT Relating to the dairy inspection program assessment; amending RCW 15.36.551; and declaring an emergency.

 

Referred to Committee on Agriculture & Ecology.

 

HB 1707           by Representatives Hargrove, Sheahan and Pelesky

 

AN ACT Relating to classification of cities and towns; amending RCW 35.22.010, 35.33.020, 35.34.020, and 35.86.010; reenacting and amending RCW 35.23.051, 35.23.101, and 35A.06.020; and repealing RCW 35A.61.010.

 

Referred to Committee on Government Operations.

 

HB 1708           by Representatives Ballasiotes, Benton, Sherstad, Radcliff, Sheldon, Morris, Costa, Padden, Cody, Quall, Chappell, Chandler, Campbell, Smith, Kremen, Conway, Basich, Cooke, Thompson, McMahan, Schoesler and Elliot

 

AN ACT Relating to community corrections officers; and amending RCW 9.95.250.

 

Referred to Committee on Corrections.

 

HB 1709           by Representatives Carrell, Padden, Campbell, Backlund, Costa, Conway, Delvin, Robertson, Thompson, McMahan, Benton and Elliot

 

AN ACT Relating to earned early release; amending RCW 9.92.151, 9.94A.150, and 70.48.210; creating a new section; and prescribing penalties.

 

Referred to Committee on Corrections.

 

HB 1710           by Representatives Sheahan, Appelwick, Padden and McMahan

 

AN ACT Relating to dissolution of marriage; amending RCW 26.09.010, 26.09.030, and 26.12.170; reenacting and amending RCW 26.09.150; and adding a new section to chapter 26.04 RCW.

 

Referred to Committee on Law & Justice.

 

HB 1711           by Representatives Padden, Backlund and McMahan

 

AN ACT Relating to written marriage contracts; amending RCW 26.09.030; reenacting and amending RCW 26.09.020 and 26.09.150; and adding a new section to chapter 26.04 RCW.

 

Referred to Committee on Law & Justice.

 

HB 1712           by Representatives Lambert, Cooke, Padden, Crouse, Hargrove and Elliot

 

AN ACT Relating to pretrial release; and adding a new section to chapter 10.19 RCW.

 

Referred to Committee on Law & Justice.

 

HB 1713           by Representatives Ballasiotes, Costa, Dickerson, Kessler, Cody, Poulsen, Regala, Mastin and Chopp

 

AN ACT Relating to conducting emergency sexual assault examinations of child sexual assault victims without parental permission

 

Referred to Committee on Law & Justice.

 

HB 1714           by Representatives Thompson, Cairnes, Horn, Elliot, Goldsmith, Reams, Koster, Kessler, Kremen, Basich, Padden and McMahan

 

AN ACT Relating to sales and use tax deferral for construction of new or expanded business; adding a new chapter to Title 82 RCW; providing an effective date; and declaring an emergency.

 

Referred to Committee on Trade & Economic Development.

 

HB 1715           by Representatives Thompson, Pelesky, Stevens, Koster, Campbell and Padden

 

AN ACT Relating to providing educational grants; adding a new section to chapter 28A.150 RCW; and creating a new section.

 

Referred to Committee on Education.

 

HB 1716           by Representatives Thompson, Casada, Stevens, Pelesky, Koster, McMahan and Padden

 

AN ACT Relating to tax credits and reimbursements for education; adding a new chapter to Title 84 RCW; adding a new chapter to Title 82 RCW; prescribing penalties; creating a new section; and declaring an emergency.

 

Referred to Committee on Education.

 

HB 1717           by Representatives Carrell and Ebersole

 

AN ACT Relating to county law enforcement agencies; and adding a new section to chapter 41.14 RCW.

 

Referred to Committee on Government Operations.

 

HB 1718           by Representative Carlson

 

AN ACT Relating to education; and amending RCW 28A.150.410.

 

Referred to Committee on Education.

 

HB 1719           by Representatives Boldt, Koster, Cooke, Carlson, Stevens, Benton, Dyer, Padden and Thompson

 

AN ACT Relating to the office of inspector general within the department of social and health services; amending RCW 41.06.076; adding new sections to chapter 43.20A RCW; creating a new section; providing an effective date; and declaring an emergency.

 

Referred to Committee on Children & Family Services.

 

HB 1720           by Representatives Boldt, Carrell, Padden, Pennington, Van Luven, Koster, Chandler, Carlson, Schoesler, Buck, Campbell, Hargrove, Backlund, Cooke, Thompson and McMahan

 

AN ACT Relating to investigations of public assistance fraud; adding a new section to chapter 74.04 RCW; and adding a new section to chapter 43.10 RCW.

 

Referred to Committee on Children & Family Services.

 

HB 1721           by Representatives Hymes, Sheldon, Hankins, Scott, Mitchell, Basich, Quall, Sehlin, Reams, Tokuda, Cooke, Morris, L. Thomas, Goldsmith and Schoesler

 

AN ACT Relating to products and services provided by community rehabilitation programs; amending RCW 43.19.520, 43.19.525, 43.19.530, 39.23.005, 39.23.010, and 39.23.020; reenacting and amending RCW 82.04.385; and creating a new section.

 

Referred to Committee on Government Operations.

 

HB 1722           by Representatives Padden, Appelwick and Mastin; by request of Utilities & Transportation Commission

 

AN ACT Relating to hearings conducted by the utilities and transportation commission; amending RCW 34.12.020 and 80.01.060; and repealing RCW 34.12.042.

 

Referred to Committee on Law & Justice.

 

HB 1723           by Representatives Reams, Rust, L. Thomas, Goldsmith, Patterson and Appelwick; by request of Governor Lowry

 

AN ACT Relating to fair campaign practices; amending RCW 42.17.020, 42.17.130, 42.17.190, 42.17.240, 42.17.241, 42.17.350, 42.17.405, 42.17.410, 42.17.660, 42.17.720, 42.17.740, 42.17.750, 42.17.770, 42.17.780, 42.17.790, 42.17.100, 42.17.125, 42.17.510, 42.17.090, 42.17.105, 42.17.640, 42.17.128, 42.17.510, 29.85.060, 43.290.020, 42.17.710, 42.17.395, 42.17.095, 42.17.160, 42.17.170, 42.17.132, 43.07.310, 29.80.010, 29.80.020, 29.81.010, 29.80.040, and 29.80.090; adding new sections to chapter 42.17 RCW; creating new sections; and repealing RCW 42.17.021, 42.17.2415, and 42.17.630.

 

Referred to Committee on Government Operations.

 

HB 1724           by Representatives Reams, Rust, L. Thomas, Goldsmith, Ogden, Patterson, Poulsen, Scott, Regala, Mastin, Valle and Chopp; by request of Governor Lowry

 

AN ACT Relating to implementing the recommendations of the governor's task force on regulatory reform on integrating growth management planning and environmental review; amending RCW 43.21C.075, 43.21C.031, 43.21C.110, 43.21C.080, 36.70A.140, 36.70A.300, 36.70A.330, 90.58.020, 90.58.030, 90.58.050, 90.58.060, 90.58.080, 90.58.090, 90.58.100, 90.58.120, 90.58.140, 90.58.180, 90.58.190, 34.05.461, 34.05.514, 36.70A.020, 36.70A.070, 36.70A.130, 36.70A.280, 36.70A.320, 82.02.090, 82.02.020, 82.46.010, 35.21.225, 35.43.042, 35.43.190, 35.92.010, 36.73.020, 36.94.220, 56.20.015, 57.08.010, 57.16.050, 36.70A.440, 36.70A.065, 58.17.070, 58.17.090, 58.17.092, 58.17.100, 58.17.330, 35.63.130, 35A.63.170, 36.70.970, 7.16.360, and 58.17.180; reenacting and amending RCW 36.70A.030, 36.70A.290, 36.88.010, and 56.08.010; adding new sections to chapter 36.70A RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 35.43 RCW; adding new sections to chapter 36.32 RCW; adding a new section to chapter 56.08 RCW; adding a new section to chapter 57.08 RCW; adding a new section to chapter 64.40 RCW; adding new sections to chapter 43.131 RCW; adding a new section to chapter 4.84 RCW; adding new chapters to Title 36 RCW; adding a new chapter to Title 90 RCW; creating new sections; recodifying RCW 82.02.050, 82.02.060, 82.02.070, 82.02.080, 82.02.090, 82.02.100, 36.70A.065, and 36.70A.440; repealing RCW 90.58.145, 90.62.010, 90.62.020, 90.62.030, 90.62.040, 90.62.050, 90.62.060, 90.62.070, 90.62.080, 90.62.090, 90.62.100, 90.62.110, 90.62.120, 90.62.130, 90.62.900, 90.62.901, 90.62.904, 90.62.905, 90.62.906, 90.62.907, and 90.62.908; making an appropriation; providing an effective date; providing an expiration date; and declaring an emergency.

 

Referred to Committee on Government Operations.

 

HB 1725           by Representatives Brumsickle, Wolfe and Conway

 

AN ACT Relating to housing authorities; and amending RCW 35.82.040 and 35.82.130.

 

Referred to Committee on Government Operations.

 

HB 1726           by Representatives Brumsickle and Wolfe

 

AN ACT Relating to housing authorities; and amending RCW 35.82.070.

 

Referred to Committee on Government Operations.

 

HB 1727           by Representatives Beeksma, Wolfe, L. Thomas, Dyer, Costa and Mielke; by request of Insurance Commissioner

 

AN ACT Relating to mandatory offering of personal injury protection insurance; creating a new section; and repealing RCW 48.22.005, 48.22.085, 48.22.090, 48.22.095, 48.22.100, and 48.22.105.

 

Referred to Committee on Financial Institutions & Insurance.

 

HB 1728           by Representatives Cooke, Chandler, Boldt, Dellwo, Chappell, Clements, Jacobsen, Robertson and Mastin

 

AN ACT Relating to linking growth management with water inventories; amending RCW 36.70A.010, 36.70A.020, 36.70A.040, 36.70A.070, 36.70A.110, and 36.70A.210; reenacting and amending RCW 36.70A.030; adding a new section to chapter 36.70A RCW; and creating a new section.

 

Referred to Committee on Agriculture & Ecology.

 

HB 1729           by Representatives Horn, Chandler, Van Luven, Hargrove, Schoesler and Elliot

 

AN ACT Relating to the appropriation of water from lakes and reservoirs for single-family residential noncommercial garden and landscape irrigation; adding a new section to chapter 90.03 RCW; and creating a new section.

 

Referred to Committee on Agriculture & Ecology.

 

HB 1730           by Representative Benton

 

AN ACT Relating to interest arbitration for law enforcement officers employed by cities, towns, or counties; amending RCW 41.56.465; reenacting and amending RCW 41.56.030; repealing RCW 41.56.460; providing an effective date; and declaring an emergency.

 

Referred to Committee on Commerce & Labor.

 

HJM 4018         by Representatives Casada, Chappell, Brumsickle, Kessler, Huff, Hankins, Kremen, Grant, L. Thomas and Mastin

 

Requesting a variance in order to preserve man-made wetlands.

 

Referred to Committee on Agriculture & Ecology.

 

SB 5022            by Senators Fairley and Winsley

 

Allowing United States military dependents' identification as identification cards for liquor purchases.

 

Referred to Committee on Commerce & Labor.

 

SB 5029            by Senators Hargrove, Fraser and Winsley; by request of Department of Social and Health Services

 

Modifying membership and duties of children's services advisory committee.

 

Referred to Committee on Children & Family Services.

 

SB 5128            by Senators Drew, Owen, Spanel and Snyder; by request of Department of Fish and Wildlife

 

Authorizing shellfish to be taken under a salmon charter license.

Referred to Committee on Natural Resources.


MOTION


             On motion of Representative Foreman, bills and memorial 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 fifth order of business.


REPORTS OF STANDING COMMITTEES


February 3, 1995

HB 1062           Prime Sponsor, Representative Ballasiotes: Using juvenile serious violent offenses as criminal history for adult sentencing. Reported by Committee on Corrections

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Ballasiotes, Chairman; Blanton, Vice Chairman; Sherstad, Vice Chairman; Quall, Ranking Minority Member; Tokuda, Assistant Ranking Minority Member; Cole; Dickerson; Koster; Radcliff; K. Schmidt and Schoesler.


             Voting Yea: Representatives Ballasiotes, Blanton, Cole, Dickerson, Koster, Quall, Radcliff, K. Schmidt, Sherstad, Schoesler and Tokuda.

             Excused: Representatives K. Schmidt and Schoesler.


             Referred to Committee on Appropriations.


February 3, 1995

HB 1081           Prime Sponsor, Representative Radcliff: Specifying sentencing conditions for felons who commit additional felonies. Reported by Committee on Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Blanton, Vice Chairman; Sherstad, Vice Chairman; Quall, Ranking Minority Member; Tokuda, Assistant Ranking Minority Member; Cole; Dickerson; Koster; Radcliff; K. Schmidt and Schoesler.


             Voting Yea: Representatives Ballasiotes, Blanton, Cole, Dickerson, Koster, Quall, Radcliff, K. Schmidt, Sherstad, Schoesler and Tokuda.

             Excused: Representatives K. Schmidt and Schoesler.


             Passed to Committee on Rules for second reading.


February 2, 1995

HB 1158           Prime Sponsor, Representative Morris: Modifying procedures regarding equivalent amounts transferred to tax districts for deferred taxes. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Boldt, Vice Chairman; Carrell, Vice Chairman; Morris, Ranking Minority Member; Campbell; Hymes; Mason; Mulliken; Pennington; Schoesler and Van Luven.


             Voting Yea: Representatives Boldt, Campbell, Carrell, Hymes, Mason, Morris, Mulliken, Pennington, Schoesler, B. Thomas and Van Luven.

             Excused: Representative Dickerson.


             Passed to Committee on Rules for second reading.


February 2, 1995

HB 1165           Prime Sponsor, Representative Sherstad: Making technical corrections to excise and property tax statutes. Reported by Committee on Finance

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives B. Thomas, Chairman; Boldt, Vice Chairman; Carrell, Vice Chairman; Morris, Ranking Minority Member; Campbell; Hymes; Mason; Mulliken; Pennington; Schoesler and Van Luven.


             Voting Yea: Representatives Boldt, Campbell, Carrell, Hymes, Mason, Morris, Mulliken, Pennington, Schoesler, B. Thomas and Van Luven.

             Excused: Representative Dickerson.


             Passed to Committee on Rules for second reading.


February 3, 1995

HB 1226           Prime Sponsor, Representative Buck: Authorizing shellfish to be taken under a salmon charter license. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens; B. Thomas and Thompson.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.

             Excused: Representatives Cairnes and Romero.


             Passed to Committee on Rules for second reading.


February 3, 1995

HB 1227           Prime Sponsor, Representative Buck: Authorizing retention of specified moneys recovered through forfeitures or court-ordered restitution. Reported by Committee on Natural Resources

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens; B. Thomas and Thompson.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.

             Excused: Representatives Cairnes and Romero.


             Referred to Committee on Appropriations.


February 3, 1995

HB 1228           Prime Sponsor, Representative L. Thomas: Authorizing the director of fish and wildlife to administer game fish catch record cards. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens; B. Thomas and Thompson.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.

             Excused: Representatives Cairnes and Romero.


             Passed to Committee on Rules for second reading.


February 3, 1995

HB 1233           Prime Sponsor, Representative L. Thomas: Avoiding conflicts of interest on election canvassing boards. Reported by Committee on Government Operations

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Reams, Chairman; Goldsmith, Vice Chairman; L. Thomas, Vice Chairman; Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Chopp; R. Fisher; Hargrove; Honeyford; Hymes; Mulliken; D. Schmidt; Sommers; Van Luven and Wolfe.


             Voting Yea: Representatives Chopp, R. Fisher, Goldsmith, Hargrove, Honeyford, Hymes, Mulliken, Reams, Rust, D. Schmidt, Scott, Sommers, L. Thomas, Van Luven and Wolfe.


             Passed to Committee on Rules for second reading.


MOTION


             On motion of Representative Foreman, the bills listed on today's committee reports under the fifth order of business were referred to the committees so designated.


             The Speaker declared the House to be at ease.


             The Speaker called the House to order.


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


SECOND READING


             HOUSE BILL NO. 1023, by Representatives B. Thomas, Foreman, Chandler, Lisk, Cooke, Carlson, Brumsickle, Silver, Ballasiotes, Dyer, Sherstad, Dellwo, Benton, Skinner, Kremen, Hargrove, Tokuda, Costa, Horn, Delvin, Schoesler, Buck, Johnson, Thompson, Beeksma, Goldsmith, Radcliff, Hickel, Backlund, Crouse, Cairnes, Elliot, Reams, Pennington, Mastin, Carrell, Mitchell, K. Schmidt, Quall, Chappell, G. Fisher, Grant, Smith, Robertson, Sehlin, Honeyford, Van Luven, Pelesky, Blanton, Koster, Lambert, D. Schmidt, Mulliken, Boldt, McMorris, Clements, Fuhrman, Campbell, L. Thomas, Huff, Mielke, Talcott, McMahan, Stevens, Morris, Hymes and Casada

 

Reducing business and occupation tax rates.


             The bill was read the second time.


             Representative Sheldon moved the adoption of the following amendment by Representative Sheldon and others:


             On page 1, line 10, strike "1.75" and insert "1.5"


             On page 2, line 10, strike "2.0" and insert "1.5"


             On page 2, line 15, strike "1.6" and insert "1.5"


             On page 2, line 22, strike "1.75" and insert "1.5"


             Representatives Sheldon, Ebersole, Pennington, Morris, Appelwick and Kremen spoke in favor of adoption of the amendment.


             Representative Appelwick demanded an electronic roll call vote and the demand was sustained.


             Representatives B. Thomas, Pennington, Dyer and Campbell spoke against the adoption of the amendment.


             Representative Sheldon again spoke in favor of adoption of the amendment.


ROLL CALL


             The Clerk called the roll on adoption of the amendment on page 1, line 10 to House Bill No. 1023 and the amendment was not adopted by the following vote: Yeas - 38, Nays - 60, Absent - 0, Excused - 0.

             Voting yea: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hargrove, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 38.

             Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 60.



SPEAKER'S PRIVILEGE


             I would also like to take a moment of Point of Personal Privilege and indicate to you, by doing so, that you are creating some exciting times for me. This is my 40th Wedding Anniversary and I've always told my wife that we will not work on the night of our Wedding Anniversary.


POINT OF PERSONAL PRIVILEGE


             Representative Ebersole: Thank you Mr. Speaker. Let me from those of us on this side of the aisle, I think, speaking for all members, wish you another happy 40 years of marriage. We've greatly enjoyed our association with you and Ruth. You're a wonderful couple and we wish you well. And we're sorry that this 5:00 session might delay your celebration by a few moments. But please accept our sincere appreciation.


             The Speaker declared the House to be at ease.


             The Speaker called the House to order.


POINT OF PERSONAL PRIVILEGE


             Representative Ogden: Thank you Mr. Speaker and friends. Thank you very much for your support. I'm sure that my quick recovery has been hastened by your cards, your letters, your calls, the flowers and plants. Thank you very much. I'm delighted to be back, and I will be doing my job now.


POINT OF PERSONAL PRIVILEGE


             Representative Backlund: Thank you Mr. Speaker, ladies and gentlemen of the House, as a physician and a surgeon I would like to compliment the fair lady on her rapid recovery. So we welcome you back.


             Representative Chappell moved adoption of the following amendment by Representative Chappell:


             On page 2, after line 33, insert:


             "NEW SECTION. Sec. 3. RCW 82.04.2201 and 1994 1st sp.s. c 10 § 1 & 1993 sp.s. c 25 § 204 are each repealed.


             NEW SECTION. Sec. 4. The repeals in section 3 of this act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections repealed or under any rule or order adopted under those sections, nor as affecting any proceeding instituted under those sections."


POINT OF ORDER


             Representative B. Thomas: Thank you Mr. Speaker. I would request a ruling on the scope and object of amendment number 30 to House Bill No. 1023.


SPEAKER'S RULING


             Representative B. Thomas: The title of House Bill No. 1023 is "An act relating to reducing business and occupation tax rates." The title is narrow in that it relates only to reducing business and occupation tax rates. The bill amends RCW 82.04.255 and RCW 82.04.290.

             Amendment number 30 would add to House Bill No. 1023 a new section to repeal business & occupation surtaxes found in RCW 82.04.2201.

             While eliminating surtaxes would reduce the taxes paid by employers it would not in any manner reduce employers business & occupation tax rates that are in statute.

             The Speaker finds that amendment number 30 would expand the scope and object of the underlying House Bill No. 1023 and is therefore beyond the scope and object of the bill.


             Representative B. Thomas, your point of order is well taken.


             Representative Morris moved the adoption of the following amendment by Representative Morris:


             On page 2, after line 33, insert the following:


             "Sec. 3. RCW 82.04.2201 and 1994 sp.s. c 10 s 1 are each amended to read as follows:

             There is levied and shall be collected for the period July 1, 1993, through June 30, 1997, from every person for the act or privilege of engaging in business activities, as a part of the tax imposed under RCW 82.04.220 through 82.04.280 and 82.04.290(3), except RCW 82.04.250(1) and 82.04.260(15), an additional tax equal to ((4.5)) 0.0 percent multiplied by the tax payable under those sections.

             To facilitate collection of these additional taxes, the department of revenue is authorized to adjust the basic rates of persons to which this section applies in such manner as to reflect the amount to the nearest one-thousandth of one percent of the additional tax hereby imposed, adjusting ten-thousandths equal to or greater than five ten-thousandths to the greater thousandth."


POINT OF ORDER


             Representative B. Thomas: Thank you Mr. Speaker. I would request a ruling on the scope and object of amendment number 43 to House Bill No. 1023.


SPEAKER'S RULING


             Representative B. Thomas: The title of House Bill No. 1023 is "An act relating to reducing business and occupation tax rates."

             The title is narrow in that it relates only to reducing business and occupation Tax Rates. The bill amends RCW 82.04.255 and RCW 82.04.290.

             Amendment number 43 would add to House Bill No. 1023 a section which would eliminate the business & occupation tax surcharges by amending RCW 82.04.2201.

             While drafted in a different form, amendment number 43 would have the same effect on this bill that amendment number 30 would have had. Both amendments propose to eliminated the business & occupation tax surcharge, and neither amendment effects the business & occupation tax rates which are set forth in statute.

             The Speaker finds that amendment number 43 would expand the scope and object of the underlying House Bill No. 1023 and is therefore beyond the scope and object of the bill.


             Representative B. Thomas, your point of order is well taken.


             Representative G. Fisher moved adoption of the following amendment by Representative G. Fisher and Conway:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 82.04.4451 and 1994 sp.s. c 2 s 1 are each amended to read as follows:

             (1) In computing the tax imposed under this chapter, a credit is allowed against the amount of tax otherwise due under this chapter, as provided in this section. The maximum credit for a taxpayer for a reporting period is ((thirty-five)) one hundred fifty-five dollars multiplied by the number of months in the reporting period, as determined under RCW 82.32.045.

             (2) When the amount of tax otherwise due under this chapter is equal to or less than the maximum credit, a credit is allowed equal to the amount of tax otherwise due under this chapter.

             (3) When the amount of tax otherwise due under this chapter exceeds the maximum credit, a reduced credit is allowed equal to twice the maximum credit, minus the tax otherwise due under this chapter, but not less than zero.


             NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995."


POINT OF ORDER


             Representative B. Thomas: Thank you Mr. Speaker. I would request a ruling on the scope and object of amendment number 41 to House Bill No. 1023.


SPEAKER'S RULING


             Representative B. Thomas, the Speaker is prepared to rule on your point of order which challenges amendment number 41 to House Bill No. 1023 as being beyond the scope and object of the bill.

             The title of House Bill No. 1023 is "An act relating to reducing business and occupation tax rates."

             The title is narrow in that it relates only to reducing business and occupation Tax Rates. The bill amends RCW 82.04.255 and RCW 82.04.290.

             Amendment number 41 would add to House Bill No. 1023 a section which would increase the credit allowed against business and occupation taxes by amending RCW 82.04.4451.

             While increasing the credit against business & occupation taxes would reduce the taxes paid by employers it would not in any manner reduce business and occupation tax rates that are in statute.

             The Speaker finds that amendment number 41 would expand the scope and object of the underlying House Bill No. 1023 and is therefore beyond the scope and object of the bill.


             Representative B. Thomas, your point of order is well taken.


             On motion of Representative Foreman, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Appelwick spoke in favor of the motion.


             Representatives B. Thomas, Morris, Boldt, Van Luven, Chappell, Beeksma, Ebersole, Mielke, G. Fisher, Schoesler and Thompson spoke in favor of passage of the bill.


             Representative K. Schmidt demanded the previous question and the demand was sustained.


             The Speaker stated the question before the House to be final passage of House Bill No. 1023.


ROLL CALL


             The Clerk called the roll on final passage of House Bill No. 1023 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Voting nay: Representative Valle - 1.


             House Bill No. 1023, having received the constitutional majority, was declared passed.


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


MOTION


             On motion of Representative Foreman, the House adjourned until 9:55 a.m., Tuesday, February 7, 1995.


CLYDE BALLARD, Speaker

TIMOTHY A. MARTIN, Chief Clerk