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SIXTIETH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Thursday, March 9, 1995
The House was called to order at 8:30 a.m. by the Speaker (Representative Horn presiding). 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 Tiffany Sande and Michelle James. Prayer was offered by Pastor Nell Carlson, First Christian Church of Olympia.
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 sixth order of business.
SECOND READING
There being no objection, the House will consider the bills on the Suspension Calendar.
HOUSE BILL NO. 1866, by Representatives Elliot, K. Schmidt and Benton
Revising certain aeronautics statutes.
The bill was read the second time.
There being no objection the committee recommendation be adopted and the bill be advanced to third reading.
Representative Elliot spoke in favor of passage of the bill.
MOTION
On motion of Representative Brown, Representatives Patterson, Ogden and Costa were excused.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 1866.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1866, and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 3, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, 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, Mitchell, Morris, Mulliken, Padden, 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, Valle, Van Luven, Wolfe and Mr. Speaker - 92.
Absent: Representatives Dyer, Mielke and Veloria - 3.
Excused: Representatives Blanton, Ogden and Patterson - 3.
House Bill No. 1866, having received the constitutional majority, was declared passed.
MOTION FOR RECONSIDERATION
Representative Benton: Having voted on the prevailing side moved that the House immediately reconsider the vote on House Bill No. 1866.
RECONSIDERATION
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 1866 on reconsideration.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1866 on reconsideration, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Patterson - 2.
House Bill No. 1866 on reconsideration, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1872, by Representatives Crouse, Dyer, Dellwo, Wolfe, Morris, Sherstad, Conway, Cody and Padden
Modifying the authority of the board of physical therapy.
The bill was read the second time.
There being no objection the committee recommendation be adopted and the bill be advanced to third reading.
Representative Crouse spoke in favor of passage of the bill.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 1872.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1872, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
House Bill No. 1872, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1891, by Representatives Smith, Wolfe and L. Thomas
Providing parity among financial institutions.
The bill was read the second time.
There being no objection the committee recommendation be adopted and the bill be advanced to third reading.
Representatives Smith and Wolfe spoke in favor of passage of the bill.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 1891.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1891, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
House Bill No. 1891, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1964, by Representatives K. Schmidt, R. Fisher, Robertson, Cairnes, Ogden, Hankins, Elliot, Johnson, Chandler, Scott, Tokuda, Quall, Backlund, Chopp, Horn, Koster, McMahan, Mitchell, Skinner, Benton, D. Schmidt and Stevens
Simplifying accident report record-keeping.
The bill was read the second time.
There being no objection the committee recommendation be adopted and the substitute bill be advanced to third reading.
Representative K. Schmidt spoke in favor of passage of the bill.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1964.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1964, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
Substitute House Bill No. 1964, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1995, by Representatives Mielke, Morris and Dyer
Providing an exemption and an offset for insurance premium and prepayment obligations for the high risk pool.
The bill was read the second time.
There being no objection the committee recommendation be adopted and the substitute bill be advanced to third reading.
Representative Mielke spoke in favor of passage of the bill.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1995.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1995, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
Substitute House Bill No. 1995, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2034, by Representatives Silver, Quall, Sommers and Basich; by request of State Board for Community and Technical Colleges
Changing community and technical college tuition refund and fee cancellation provisions.
The bill was read the second time.
There being no objection the committee recommendation be adopted and the substitute bill be advanced to third reading.
Representative Silver spoke in favor of passage of the bill.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 2034.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2034, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
Substitute House Bill No. 2034, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2039, by Representatives Kremen and Chandler
Prescribing rights for certain applications for water rights or water transfers.
The bill was read the second time.
There being no objection the committee recommendation be adopted and the bill be advanced to third reading.
Representatives Kremen and Chandler spoke in favor of passage of the bill.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 2039.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2039, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
House Bill No. 2039, having received the constitutional majority, was declared passed.
HOUSE JOINT MEMORIAL NO. 4017, by Representatives Thompson, Fuhrman, Stevens, G. Fisher, Elliot, Sheldon, Cairnes, B. Thomas, Beeksma, Schoesler and Horn
Requesting Congress to control or eradicate nonnative noxious weeds.
The memorial was read the second time.
There being no objection the committee recommendation be adopted and the memorial be advanced to third reading.
Representative Thompson spoke in favor of passage of the memorial.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Joint Memorial No. 4017.
ROLL CALL
The Clerk called the roll on the final passage of House Joint Memorial No. 4017, and the memorial passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
House Joint Memorial No. 4017, having received the constitutional majority, was declared passed.
HOUSE JOINT MEMORIAL NO. 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.
The memorial was read the second time.
There being no objection the committee recommendation be adopted and the memorial be advanced to third reading.
Representatives Casada and Rust spoke in favor of passage of the memorial.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Joint Memorial No. 4018.
ROLL CALL
The Clerk called the roll on the final passage of House Joint Memorial No. 4018, and the memorial passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 1, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Absent: Representative Cody - 1.
Excused: Representative Blanton - 1.
House Joint Memorial No. 4018, having received the constitutional majority, was declared passed.
It was my intention to vote YEA on House Joint Memorial No. 4018.
EILEEN CODY, 11th District
HOUSE JOINT MEMORIAL NO. 4030, by Representatives Hankins, Honeyford, Delvin, Grant and Kessler
Concerning federal funds for the cleanup of the Hanford waste disposal site.
The memorial was read the second time.
There being no objection the committee recommendation was adopted and the memorial was advanced to third reading.
Representatives Hankins, Delvin and Ebersole spoke in favor of passage of the memorial.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Joint Memorial No. 4030.
ROLL CALL
The Clerk called the roll on the final passage of House Joint Memorial No. 4030, and the memorial passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
House Joint Memorial No. 4030, having received the constitutional majority, was declared passed.
The Speaker (Representative Horn presiding) declared the House to be at ease.
The Speaker called the House to order.
HOUSE BILL NO. 1209, by Representatives K. Schmidt, Mielke, Johnson, Quall, Mitchell, Buck, Romero, Horn and Huff
Regulating commercial vehicle safety.
The bill was read the second time. There being no objection, Substitute House Bill No. 1209 was substituted for House Bill No. 1209 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1209 was read the second time.
Representative K. Schmidt moved adoption of the following amendment by Representative K. Schmidt:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 46.32 RCW to read as follows:
(1) The Washington state patrol is responsible for enforcement of safety requirements for commercial motor vehicles, including but not limited to terminal safety audits. Those carriers that have terminal operations in this state are subject to the patrol's terminal safety audits.
(2) This section does not apply to:
(a) Motor vehicles owned and operated by farmers in the transportation of their own farm, orchard, or dairy products, including livestock and plant or animal wastes, from point of production to market or disposal; or supplies or commodities to be used on the farm, orchard, or dairy;
(b) Commercial motor vehicles regulated under chapters 81.68 (auto transportation companies), 81.70 (passenger charter carriers), 81.77 (solid waste collection companies), 81.80 (motor freight carriers), and 81.90 (limousine charter carriers) RCW; and
(c) Vehicles exempted from registration by RCW 46.16.020.
NEW SECTION. Sec. 2. A new section is added to chapter 46.32 RCW to read as follows:
The department shall collect a fee of ten dollars, in addition to all other fees and taxes, for each motor vehicle base plated in the state of Washington that is subject to highway inspections and terminal audits under section 1 of this act, at the time of registration and renewal of registration under chapter 46.16 or 46.87 RCW. Refunds will not be provided for fees paid under this section when the vehicle is no longer subject to section 1 of this act. The department may deduct an amount equal to the cost of administering the program. All remaining fees shall be deposited with the state treasurer and credited to the state patrol highway account of the motor vehicle fund.
NEW SECTION. Sec. 3. A new section is added to chapter 46.32 RCW to read as follows:
In addition to all other penalties provided by law, a commercial motor vehicle that is subject to terminal safety audits under this chapter and an officer, agent, or employee of a company operating a commercial motor vehicle who violates or who procures, aids, or abets in the violation of this title or any order or rule of the state patrol is liable for a penalty of one hundred dollars for each violation. Each violation is a separate and distinct offense, and in case of a continuing violation every day's continuance is a separate and distinct violation.
The penalty provided in this section is due and payable when the person incurring it receives a notice in writing from the patrol describing the violation and advising the person that the penalty is due. The patrol may, upon written application for review, received within fifteen days, remit or mitigate a penalty provided for in this section or discontinue a prosecution to recover the penalty upon such terms it deems proper and may ascertain the facts upon all such applications in such manner and under such rules as it deems proper. If the amount of the penalty is not paid to the patrol within fifteen days after receipt of the notice imposing the penalty, or application for remission or mitigation has not been made within fifteen days after the violator has received notice of the disposition of the application, the attorney general shall bring an action in the name of the state of Washington in the superior court of Thurston county or of some other county in which the violator does business, to recover the penalty. In all such actions the procedure and rules of evidence are the same as an ordinary civil action except as otherwise provided in this chapter. All penalties recovered under this section shall be paid into the state treasury and credited to the state patrol highway account of the motor vehicle fund.
NEW SECTION. Sec. 4. (1) All powers, duties, and functions of the utilities and transportation commission pertaining to safety inspections of commercial vehicles, including but not limited to terminal safety audits, except for those carriers subject to the economic regulation of the commission, are transferred to the Washington state patrol.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington state patrol. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the Washington state patrol. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the Washington state patrol.
(b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall, on the effective date of this act, be transferred and credited to the Washington state patrol.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) In filling new merit system terminal auditor positions, the Washington state patrol shall give preferential consideration to employees of the utilities and transportation commission engaged in performing the powers, functions, and duties transferred.
(4) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the Washington state patrol. All existing contracts and obligations remain in full force and shall be performed by the Washington state patrol.
(5) The transfer of the powers, duties, functions, and personnel of the utilities and transportation commission does not affect the validity of any act performed before the effective date of this act.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section alters an existing collective bargaining unit or the provisions of an existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.
Sec. 5. RCW 81.80.330 and 1980 c 132 s 3 are each amended to read as follows:
The commission is hereby empowered to administer and enforce all provisions of this chapter and to inspect the vehicles, books, and documents of all "motor carriers" and the books, documents, and records of those using the service of the carriers for the purpose of discovering all discriminations and rebates and other information pertaining to the enforcement of this chapter and shall prosecute violations thereof. The commission shall employ such auditors, inspectors, clerks, and assistants as it may deem necessary for the enforcement of this chapter((, and it shall be the duty of)). The Washington state patrol ((to assist in the enforcement of)) shall perform all motor carrier safety inspections required by this chapter, ((and the duty of)) including terminal safety audits, except for (1) those carriers subject to the economic regulation of the commission, or (2) a vehicle owned or operated by a carrier affiliated with a solid waste company subject to economic regulation by the commission. The attorney general ((to)) shall assign at least one assistant to the exclusive duty of assisting the commission in the enforcement of this chapter, and the prosecution of persons charged with the violation thereof. It shall be the duty of the Washington state patrol and the sheriffs of the counties to make arrests and the county attorneys to prosecute violations of this chapter.
NEW SECTION. Sec. 6. RCW 81.80.145 and 1993 c 359 s 1 are each repealed.
NEW SECTION. Sec. 7. This act takes effect January 1, 1996."
In line 2 of the title, after "patrol;" strike the remainder of the title and insert "amending RCW 81.80.330; adding new sections to chapter 46.32 RCW; creating a new section; repealing RCW 81.80.145; prescribing penalties; and providing an effective date."
Representative K. Schmidt spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was order engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives K. Schmidt, R. Fisher and Chandler spoke in favor of passage of the bill.
Representative K. Schmidt yielded to a question by Representative Chandler.
Representative Chandler: Is it the intent of Substitute House Bill No. 1209 to transfer to the Washington State Patrol responsibility for enforcement of all safety requirements for all commercial motor vehicles that are no longer subject to economic regulation by the Washington Utilities and Transportation Commission?
Representative K. Schmidt: Yes.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1209.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1209, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
Engrossed Substitute House Bill No. 1209, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1317, by Representatives Robertson, Cairnes, B. Thomas, Mitchell, Van Luven, Dyer, Lambert, Radcliff, D. Schmidt, Backlund, Cooke, Reams, Campbell, Stevens, L. Thomas and Koster
Revising the selection process for transportation systems and facilities demonstration projects.
The bill was read the second time. There being no objection, Substitute House Bill No. 1317 was substituted for House Bill No. 1317 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1317 was read the second time.
Representative D. Schmidt moved adoption of the following amendment by Representative D. Schmidt:
On page 6, after line 9, insert the following:
"Sec. 4. RCW 47.46.050 and 1993 c 370 s 5 are each amended to read as follows:
(1) The department may enter into agreements using federal, state, and local financing in connection with the projects, including without limitation, grants, loans, and other measures authorized by section 1012 of ISTEA, and to do such things as necessary and desirable to maximize the funding and financing, including the formation of a revolving loan fund to implement this section.
(2) Agreements entered into under this section shall authorize the private entity to lease the facilities within a designated area or areas from the state and to impose user fees or tolls within the designated area to allow a reasonable rate of return on investment, as established through a negotiated agreement between the state and the private entity. The negotiated agreement shall determine a maximum rate of return on investment, based on project characteristics. If the negotiated rate of return on investment is not affected, the private entity may establish and modify toll rates and user fees.
(3) Agreements may establish "incentive" rates of return beyond the negotiated maximum rate of return on investment. The incentive rates of return shall be designed to provide financial benefits to the affected public jurisdictions and the private entity, given the attainment of various safety, performance, or transportation demand management goals. The incentive rates of return shall be negotiated in the agreement.
(4) Agreements shall require that over the term of the ownership or lease the user fees or toll revenues be applied to payment of the private entity's capital outlay costs for the project, including interest expense, the costs associated with operations, toll collection, maintenance and administration of the facility, reimbursement to the state for the costs of project review and oversight, technical and law enforcement services, establishment of a fund to assure the adequacy of maintenance expenditures, and a reasonable return on investment to the private entity. The use of any excess toll revenues or user fees may be negotiated between the parties, but a negotiated agreement shall not extend the term of the ownership or lease beyond the period of time required for payment of the private entity's capital outlay costs for the project under this subsection.
((After expiration of the lease of a facility to a private entity, the secretary may continue to charge user fees or tolls for the use of the facility, with these revenues to be used for operations and maintenance of the facility, or to be paid to the local transportation planning agency, or any combination of such uses.))"
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 1, line 2 of the title, strike "and 47.46.040" and insert ", 47.46.040, and 47.46.050"
Representative D. Schmidt spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Backlund moved adoption of the following amendment by Representative Backlund:
On page 7, line 20, after "segment." insert "Any action taken by the secretary regarding the disposition of the agreement for such project, phase, or segment that is contrary to the recommendation of the legislative transportation committee shall be presented to the legislature during the ensuing legislative session for approval and final disposition."
Representatives Backlund and Appelwick spoke in favor of the adoption of the amendment.
Representatives R. Fisher and K. Schmidt spoke against the adoption of the amendment.
The amendment was not adopted.
Representative D. Schmidt moved adoption of the following amendment by Representative D. Schmidt:
Beginning on page 6, line 28, strike all material through "segment." on page 7, line 20, and insert the following:
"(2) In seeking public participation, the private entity shall establish a committee comprised of individuals who represent cities and counties in the vicinity of and that are impacted by the project, phase, or segment; organizations formed to support or oppose the project, phase, or segment; and users of the project, phase, or segment. The committee shall be named the public-private local involvement committee, and be known as the local involvement committee.
The members of the local involvement committee shall be: (a) An elected official from each city within the project, phase, or segment area as defined by the department and the private entity under the requirements of subsection (3) of this section; (b) an elected official from each county within the project, phase, or segment area as defined under the requirements of subsection (3) of this section; two representatives from an organization formed in support of the project, phase, or segment; two representatives of an organization formed to oppose the project, phase, or segment; and two public members active in a state-wide transportation organization. If the appointments result in an even number of committee members, there shall be an additional appointment of an elected official from the county in which all, or the greatest portion of the project, phase, or segment is located.
All members of the local involvement committee shall be appointed by the secretary of the department by August 1, 1995. City and county appointees shall be chosen from a list nominated by the association of Washington cities for city members and by the Washington state association of counties for county members. Persons representing organizations in support of or opposed to the project, phase, or segment shall be selected from a list submitted by the chair of such organizations. Public members shall be chosen from a list submitted by the governor.
The local involvement committee shall act in an advisory capacity to the department and the private entity on all issues related to the development and implementation of the public involvement process established under this section.
(3) The department and the private entity, in consultation with the legislative transportation committee and the local involvement committee, shall, by August 1, 1995, determine and define the geographical boundaries of the project, phase, or segment, known as the project, phase, or segment area. The definition of such project, phase, or segment area shall, at a minimum, identify and include users of the project, phase, or segment; cities and counties in the vicinity of the project, phase, or segment; and cities and counties impacted by the project, phase, or segment. In formulating such definition, the department and the private entity shall identify areas with the largest percentage of normal, daily usage by residents of communities in the vicinity of the project, phase, or segment and residents of communities impacted by the project, phase, or segment.
(4) The private entity shall cause to be conducted on one or more occasions, a comprehensive inventory of public positions of users and of residents of communities in the vicinity of and impacted by such project, phase, or segment as identified under the definition of the project, phase, or segment area established by the department and the private entity. The comprehensive inventory of public positions may include an advisory vote by users of the project, phase, or segment and by residents in the project, phase, or segment area.
The comprehensive inventory of public positions shall be conducted by an independent accountant or other independent professional jointly selected and supervised by the private entity and the department in consultation with the local involvement committee and the legislative transportation committee. The independent accountant or other independent professional must have a proven history and expertise in assessing public opinion and shall not have a direct or indirect interest in such project. The results of the inventory of public positions shall be made available for public review and comment.
(5) The department and the private entity shall provide the legislative transportation committee and the local involvement committee with progress reports on the status of the public involvement process and the inventory of public positions. The results of the inventory of public positions, including public comment on such inventory of public positions, shall be forwarded to the legislative transportation committee and the local involvement committee for their review.
Within fifteen calendar days of submission of such information for a project, phase, or segment, the local involvement committee shall submit a report to the department and the legislative transportation committee supporting or opposing the results of the inventory of public positions. Within forty-five calendar days of submission of the report of the local involvement committee, the legislative transportation committee shall conduct a public hearing regarding the results of the inventory and the report of the local involvement committee.
Taking into account the information submitted, the legislative transportation committee may adopt a resolution making a recommendation to the secretary regarding the disposition of the agreement for such project, phase, or segment. Any action by the secretary in response to the recommendation of the legislative transportation committee shall be taken within thirty calendar days of receipt of such recommendation and shall be carried out in accordance with the terms and conditions established in the agreement for such project, phase, or segment."
Representatives D. Schmidt, Campbell and Chopp spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Van Luven moved adoption of the following amendment by Representative Van Luven:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The following acts or parts of acts are each repealed:
(1) RCW 47.46.010 and 1993 c 370 s 1;
(2) RCW 47.46.020 and 1993 c 370 s 2;
(3) RCW 47.46.030 and 1993 c 370 s 3;
(4) RCW 47.46.040 and 1993 c 370 s 4;
(5) RCW 47.46.050 and 1993 c 370 s 5; and
(6) RCW 47.46.900 and 1993 c 370 s 7.
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 immediately."
In line 1 of the title, after "facilities;" strike the remainder of the title and insert "repealing RCW 47.46.010, 47.46.020, 47.46.030, 47.46.040, 47.46.050, and 47.46.900; and declaring an emergency."
Representatives Van Luven, Chopp, Smith, Backlund and Thibaudeau spoke in favor of the adoption of the amendment.
Representatives R. Fisher, K. Schmidt and Sheldon spoke against the adoption of the amendment.
Representative Appelwick demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the striking amendment to Substitute House Bill No. 1317, and the amendment was not adopted by the following vote: Yeas - 28, Nays - 67, Absent - 2, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Boldt, Campbell, Casada, Chappell, Chopp, Crouse, Fisher, G., Goldsmith, Hargrove, Hymes, Jacobsen, Koster, Kremen, Lambert, Mason, Patterson, Pennington, Radcliff, Reams, Schmidt, D., Sherstad, Smith, Stevens, Thibaudeau, Valle and Van Luven - 28.
Voting nay: Representatives Ballasiotes, Basich, Beeksma, Benton, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Cole, Conway, Cooke, Costa, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, R., Foreman, Fuhrman, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Johnson, Kessler, Lisk, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Pelesky, Poulsen, Quall, Regala, Robertson, Romero, Rust, Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Sommers, Talcott, Thomas, B., Thomas, L., Tokuda, Veloria, Wolfe and Mr. Speaker - 67.
Absent: Representatives Mastin and Thompson - 2.
Excused: Representative Blanton - 1.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Robertson, D. Schmidt, Chopp, Van Luven, Reams and K. Schmidt spoke in favor of passage of the bill.
Representative R. Fisher spoke against passage of the bill.
Representative K. Schmidt yielded to a question by Representative Van Luven.
Representative Van Luven: This bill, Engrossed Substitute House Bill No. 1317, does it apply to the five projects currently selected for a private-public partnership, as well as any project selected in the future?
Representative K. Schmidt: Yes, all five projects currently selected are included in this bill.
Representative K. Schmidt yielded to a question by Representative Robertson.
Representative Robertson: Is the purpose of changes in Engrossed Substitute House Bill No. 1317, to the intent section of the existing law governing public-private initiatives in transportation, to emphasize that the execution of agreements, by the department of transportation with the private sector, does not guarantee the immediate construction of projects selected under this program?
Representative K. Schmidt: Yes. Language added to the Intent section of Chapter 47.46 RCW clarifies that signing the agreements does not bestow on private entities an immediate right to construct and operate the proposed transportation facilities. Rather, private entities are provided an opportunity to study and design and to complete all the planning and permitting processes required by law in order to obtain a future decision from state and local agencies to proceed with the project.
The agreements establish the conditions under which private developers may achieve the right to develop and operate the proposed transportation facilities. These conditions must be met prior to construction and operation of a project. If they are not met, the project cannot go forward. The added legislative intent language illuminates this point.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1317.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1317, and the bill passed the House by the following vote: Yeas - 86, Nays - 11, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cole, Cooke, Costa, Crouse, Delvin, Dickerson, Dyer, Elliot, Fisher, G., 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, Robertson, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven and Mr. Speaker - 86.
Voting nay: Representatives Brown, Cody, Conway, Dellwo, Ebersole, Fisher, R., Regala, Romero, Sommers, Veloria and Wolfe - 11.
Excused: Representative Blanton - 1.
Engrossed Substitute House Bill No. 1317, having received the constitutional majority, was declared passed
I would have voted YEA on Engrossed Substitute House Bill No. 1317.
BILL THOMPSON, 44th District
HOUSE BILL NO. 1318, by Representatives Carlson, Mulliken and Mastin; by request of Higher Education Coordinating Board
Revising provisions for the Washington scholars program.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 1318 was substituted for House Bill No. 1318 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 1318 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Carlson spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 1318.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 1318, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
Second Substitute House Bill No. 1318, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1330, by Representatives Dyer, Dellwo and Backlund; by request of Department of Health
Modifying health facility and services provisions.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 1330 was substituted for House Bill No. 1330 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 1330 was read the second time.
Representative Schoesler moved adoption of the following amendment by Representative Schoesler:
On page 2, line 34, strike the amendatory language and insert "except a home health agency operated by the smaller public hospital district based on assessed valuation in a county with a population of under 20,000 with two public hospital districts serving the entire county"
Representatives Schoesler and Dyer spoke in favor of the adoption of the amendment.
The amendment was adopted.
With the consent of the House, amendment number 187 to Second Substitute House Bill No. 1330 was withdrawn.
Representative Dyer moved adoption of the following amendment by Representative Dyer:
On page 12, after line 29, insert the following:
"NEW SECTION. Sec. 12. The legislature finds that ambulatory surgical centers have provided the citizens of Washington state access to various routine surgical and similar invasive medical procedures not requiring hospitalization, resulting in reduced health care costs consistent with the intent of health care reform. However, the delivery of these services may put patients at risk due to the invasive nature of the procedures performed or the use of general anesthesia and the short patient recovery time prior to discharge.
It is the intent of the legislature to protect the citizens of Washington state by licensing ambulatory surgical centers and by adopting and enforcing minimum standards for ambulatory surgical centers. Standards established are intended to be the minimum necessary to ensure a safe environment for the performance of surgical procedures and to ensure safe and competent care of patients.
NEW SECTION. Sec. 13. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Ambulatory surgical center" means any freestanding distinct entity that operates primarily for the purpose of performing surgical procedures to treat patients not requiring in-patient hospital care under normal circumstances, except:
(a) A health care facility otherwise licensed and regulated by the department to provide surgical services, including an ambulatory surgical facility operated by a hospital and regulated by the department according to chapter 70.41 RCW;
(b) A facility in the offices of either an individual or group practice of physicians licensed under chapter 18.71 RCW, osteopathic physicians or surgeons licensed under chapter 18.57 RCW, or podiatric physicians or surgeons licensed under chapter 18.22 RCW, including where the facility is physically separate from such a practice, if the privilege of using such a facility is not extended to such licensed practitioners outside the individual or group practice. However, such a facility may request licensure as an ambulatory surgical center if the facility meets the requirements of this chapter and rules adopted under this chapter; and
(c) A facility in which the services are provided solely by dentists licensed under chapter 18.32 RCW and persons assisting or under the supervision of dentists. However, such a facility may request licensure as an ambulatory surgical center if the facility meets the requirements of this chapter and rules adopted under this chapter.
(2) "Department" means the department of health.
(3) "Person" means an individual, firm, partnership, corporation, company, association, joint stock association, and the legal successor thereof.
(4) "Surgical procedure" means an invasive medical procedure that:
(a) Utilizes a knife, laser, cautery, cryogenics, or chemicals; and
(b) Removes, corrects, or facilitates the diagnosis or cure of a disease, process, or injury through that branch of medicine that treats diseases, injuries, and deformities by manual or operative methods.
NEW SECTION. Sec. 14. (1) Nothing in this chapter shall be construed in any manner to change or expand the scope of practice of a health care practitioner.
(2) Nothing in this chapter shall be construed to limit an ambulatory surgical center to performing only surgical procedures.
NEW SECTION. Sec. 15. After June 30, 1996, no person shall operate or maintain an ambulatory surgical center or advertise by using the term "licensed ambulatory surgery center," "licensed day surgery center," "licensed surgical center," "licensed surgery center," or other words conveying similar meaning without first obtaining an ambulatory surgical center license from the department.
NEW SECTION. Sec. 16. An applicant for an ambulatory surgical center license shall:
(1) Submit to the department a written application on a form provided by the department, including a list of surgical specialties offered;
(2) Submit to the department for review and approval building plans for new construction, alterations other than minor alterations, and additions to existing facilities prior to licensure and occupancy as prescribed by the department;
(3) Demonstrate ability to comply with this chapter and rules adopted under this chapter;
(4) Cooperate with the department during on-site surveys prior to licensure or renewal of licensure;
(5) Provide such proof as the department may require concerning organizational and governance structure, and the identity of the applicant, officers, directors, partners, managing employees, or owners of ten percent or more of the applicant's assets;
(6) Pay to the department a license fee and building plan review fee as prescribed by the department under the authority of RCW 43.70.110 and 43.70.250; and
(7) Provide any other information the department may reasonably require.
NEW SECTION. Sec. 17. If the department determines that an applicant complies with the provisions of this chapter and rules adopted under this chapter, the department shall issue a license to the applicant. A license, unless suspended or revoked, is effective for a period of two years, however an initial license is only effective for twelve months. The department shall conduct at least one on-site survey within each licensure period, except as provided for in section 21 of this act.
NEW SECTION. Sec. 18. The department shall establish and adopt such minimum standards and rules pertaining to the construction, maintenance, and operation of ambulatory surgical centers as are necessary for the safe and adequate care and treatment of patients: PROVIDED, That such minimum standards are no greater than federal medicare program standards as they existed on January 1, 1995, unless authorized by other state statute. The department shall adopt standards that are at least equal to recognized applicable national standards pertaining to medical gas piping systems. The department shall rescind, amend, or modify the rules as necessary.
NEW SECTION. Sec. 19. The department may, at any time, conduct an on-site survey of a licensee in order to determine compliance with this chapter and rules adopted under this chapter.
NEW SECTION. Sec. 20. The department may deny, suspend, or revoke a license under this chapter or, in lieu thereof or in addition thereto, assess civil monetary penalties in any case in which it finds the applicant or licensee:
(1) Failed or refused to comply with the requirements of this chapter or rules adopted under this chapter;
(2) Was the holder of a license issued according to this chapter that was revoked for cause and never reissued by the department, or that was suspended for cause and the terms of the suspension were not fulfilled, and the licensee has continued to operate;
(3) Has knowingly or with reason to know made a false statement of material fact in the application for the license or any data attached thereto or in any record required by this chapter or matter under investigation by the department;
(4) Refused to allow representatives of the department to inspect any portion of the licensee's premises, or any book, record, or file required by this chapter to be maintained;
(5) Willfully prevented, interfered with, or attempted to impede in any way the work of any representative of the department and the lawful enforcement of any provision of this chapter;
(6) Willfully prevented, interfered with, or attempted to impede in any way any representative of the department in the preservation of evidence of any violation of this chapter or rules adopted under this chapter;
(7) Failed to pay any civil monetary penalty assessed by the department according to this chapter within ten days after the assessment becomes final;
(8) Used advertising that is false, fraudulent, or misleading;
(9) Has repeated incidents of personnel performing services beyond their scope of practice; or
(10) Misrepresented or was fraudulent in any aspect of the conduct of the licensee's business.
NEW SECTION. Sec. 21. (1) An ambulatory surgical center that is certified or accredited as an ambulatory surgical center by the federal medicare program or any private accrediting organization shall be granted the applicable renewal license without the necessity of an on-site state licensure survey if:
(a) The department determines that the applicable survey standards of the certification or accreditation program are substantially equivalent to those required by this chapter;
(b) An on-site survey has been conducted for the purposes of certification or accreditation during the previous twenty-four months; and
(c) The department receives directly from the certifying or accrediting entity or from the licensee or applicant copies of the initial and subsequent survey reports and other relevant reports or findings that indicate compliance with licensure requirements.
(2) In reviewing whether the federal medicare program or any private accrediting organization has survey standards that are of substantial equivalency to those set forth in this chapter, the department is directed to provide the most liberal interpretation consistent with the intent of this chapter. In the event the department determines at any time that the survey standards are not substantially equivalent to those required by this chapter, the department is directed to notify the affected licensees. The notification shall contain a detailed description of the deficiencies in the alternative survey process, as well as an explanation concerning the risk to the consumer. The determination of substantial equivalency for an alternative survey process and lack of substantial equivalency are agency actions and subject to the provisions of chapter 34.05 RCW.
(3) Ambulatory surgical centers receiving a license without an on-site survey by the department under this chapter shall pay the same licensure fee as other ambulatory surgical centers.
(4) This section does not affect the department's enforcement authority for licensed ambulatory surgical centers.
Sec. 22. RCW 18.106.010 and 1983 c 124 s 1 are each amended to read as follows:
Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meaning:
(1) "Advisory board" means the state advisory board of plumbers;
(2) "Department" means the department of labor and industries;
(3) "Director" means the director of department of labor and industries;
(4) "Journeyman plumber" means any person who has been issued a certificate of competency by the department of labor and industries as provided in this chapter;
(5) "Medical gas piping" means oxygen, nitrous oxide, high pressure nitrogen, medical compressed air, and medical vacuum systems;
(6) "Specialty plumber" means anyone who has been issued a specialty certificate of competency limited to installation, maintenance, and repair of the plumbing of single family dwellings, duplexes, and apartment buildings which do not exceed three stories;
(((6))) (7) "Plumbing" means that craft involved in installing, altering, repairing and renovating potable water systems ((and)), liquid waste systems, and medical gas piping systems within a building: PROVIDED, That installation in a water system of water softening or water treatment equipment shall not be within the meaning of plumbing as used in this chapter.
NEW SECTION. Sec. 23. Sections 12 through 22 of this act are 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.
NEW SECTION. Sec. 24. Sections 12 through 21 of this act shall constitute a new chapter in Title 70 RCW."
Correct internal references and correct the title.
Representative Dyer spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Dyer and Dellwo spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1330.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1330, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Ebersole - 2.
Engrossed Second Substitute House Bill No. 1330, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 1357 and House Bill No. 1421 and the bills held their place on the second reading calendar.
HOUSE BILL NO. 1430, by Representatives Carlson, Sehlin, Cooke, Sommers, Dellwo and Basich; by request of Joint Committee on Pension Policy
Exempting certain employers from additional retirement contributions.
The bill was read the second time. There being no objection, Substitute House Bill No. 1430 was substituted for House Bill No. 1430 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1430 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Carlson spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1430.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1430, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Ebersole - 2.
Substitute House Bill No. 1430, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 1431 and the bill held it's place on the second reading calendar.
HOUSE BILL NO. 1432, by Representatives Brumsickle and Reams
Providing for notice statements regarding county financial matters.
The bill was read the second time. There being no objection, Substitute House Bill No. 1432 was substituted for House Bill No. 1432 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1432 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Brumsickle spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1432.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1432, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 1, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, 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, Valle, Van Luven, Wolfe and Mr. Speaker - 95.
Absent: Representative Veloria - 1.
Excused: Representatives Blanton and Ebersole - 2.
Substitute House Bill No. 1432, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1437, by Representatives Foreman, Chandler, Mastin and B. Thomas
Revising lease rates for amateur radio electronic repeater sites.
The bill was read the second time. There being no objection, Substitute House Bill No. 1437 was substituted for House Bill No. 1437 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1437 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Foreman spoke in favor of passage of the bill.
MOTION
On motion of Representative Talcott, Representative Brumsickle was excused.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1437.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1437, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.
Excused: Representatives Blanton, Brumsickle and Ebersole - 3.
Substitute House Bill No. 1437, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1459, by Representatives Van Luven and Sheldon
Exempting from business and occupation tax reimbursements and advances received by property management companies for the payment of wages and benefits to on-site employees.
The bill was read the second time. There being no objection, Substitute House Bill No. 1459 was substituted for House Bill No. 1459 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1459 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Van Luven spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1459.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1459, and the bill passed the House by the following vote: Yeas - 91, Nays - 4, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, 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, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 91.
Voting nay: Representatives Chopp, Cole, Rust and Sommers - 4.
Excused: Representatives Blanton, Brumsickle and Ebersole - 3.
Substitute House Bill No. 1459, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1465, by Representatives Silver and Sommers; by request of Secretary of State
Concerning the employee suggestion program.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Sommers spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1465.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1465, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.
Excused: Representatives Blanton, Brumsickle and Ebersole - 3.
House Bill No. 1465, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1471, by Representatives Padden and Appelwick
Regulating homeowners' associations.
The bill was read the second time. There being no objection, Substitute House Bill No. 1471 was substituted for House Bill No. 1471 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1471 was read the second time.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick:
On page 2, line 4, strike "An" and insert "Unless otherwise provided in the governing documents, an"
On page 3, line 15, after "adoption" insert "by the board of directors"
On page 3, line 15, strike "of directors"
On page 6, line 9, strike "an annual budget" and insert "annual assessments"
Representatives Appelwick and Padden spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick:
On page 4, beginning on line 21, after "(2)" strike all matter through "directors." on page 4, line 22
Representatives Appelwick and Padden spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick:
On page 1, at the beginning of line 9, insert "unincorporated association, or other legal entity,"
On page 1, line 9, after "owner of" insert "residential"
On page 1, line 10, strike "association boundaries" and insert "association's jurisdiction, as described in the governing documents,"
On page 1, line 15, after "incorporation," strike all matter through "association" on page 1, line 17, and insert "bylaws, plat, declaration of covenants, conditions, and restrictions, rules and regulations of the association, or other written instrument by which the association has the authority to exercise any of the powers provided for in this chapter or to manage, maintain, or otherwise affect the property under its jurisdiction"
On page 1, after line 17, insert:
"(3) "Board of directors" or "board" means the body, regardless of name, with primary authority to manage the affairs of the association.
(4) "Common areas" means property owned, or otherwise maintained, repaired or administered by the association.
(5) "Common expense" means the costs incurred by the association to exercise any of the powers provided for in this chapter.
(6) "Residential real property" means any real property, the use of which is limited by law, covenant or otherwise to primarily residential or recreational purposes."
The amendment was adopted.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick:
On page 6, after line 18, insert:
"NEW SECTION. Sec. 11. Any violation of the provisions of this chapter shall entitle an aggrieved party to any remedy provided by law or in equity. The court in an appropriate case may award reasonable attorneys' fees to the prevailing party."
On page 6, line 19, strike "10" and insert "11"
Representatives Appelwick and Padden spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Padden spoke in favor of passage of the bill.
Representative McMahan spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1471.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1471, and the bill passed the House by the following vote: Yeas - 82, Nays - 13, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Boldt, Brown, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, G., Fisher, R., Foreman, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Kremen, Lambert, Mason, Mastin, Mielke, Morris, Ogden, Padden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Sommers, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 82.
Voting nay: Representatives Benton, Fuhrman, Goldsmith, Hargrove, Koster, Lisk, McMahan, McMorris, Mitchell, Mulliken, Pennington, Sherstad and Stevens - 13.
Excused: Representatives Blanton, Brumsickle and Ebersole - 3.
Engrossed Substitute House Bill No. 1471, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
There being no objection, the House considered the following bills in the following order: House Bill No. 1632, House Bill No. 1903, House Joint Memorial No. 4001, House Joint Memorial No. 4020, House Bill No. 1431 and House Bill No. 1476.
HOUSE BILL NO. 1632, by Representatives Horn, Basich and Fuhrman
Exchanging certain public lands.
The bill was read the second time. There being no objection, Substitute House Bill No. 1632 was substituted for House Bill No. 1632 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1632 was read the second time.
With the consent of the House, amendment number 112 to Substitute House Bill No. 1632 was withdrawn.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Horn spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1632.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1632, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.
Excused: Representatives Blanton, Brumsickle and Ebersole - 3.
Substitute House Bill No. 1632, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1903, by Representatives Clements, Casada, Chandler and Schoesler
Establishing new procedures for rule adoption by administrative agencies.
The bill was read the second time. There being no objection, Substitute House Bill No. 1903 was substituted for House Bill No. 1903 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1903 was read the second time.
Representative Clements moved adoption of the following amendment by Representative Clements:
On page 12, after line 8, strike all of section 302 and insert the following:
"Sec. 302. RCW 17.21.040 and 1989 c 380 § 35 are each amended to read as follows:
All rules adopted under the provisions of this chapter shall be subject to the provisions of chapter 34.05 RCW ((as enacted or hereafter amended,)) and section 104 of this act concerning the adoption of rules."
Representatives Clements and Mastin spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
MOTION
On motion of Representative Talcott, Representative Horn was excused.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Clements and Mastin spoke in favor of passage of the bill.
Representative Rust spoke against passage of the bill.
MOTION
Representative Appelwick moved that the House refer Engrossed Substitute House Bill No. 1903 to the Committee on Government Operations.
Representative Appelwick spoke in favor of the motion.
The motion failed.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1903.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1903, and the bill passed the House by the following vote: Yeas - 74, Nays - 22, Absent - 0, Excused - 2.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Dellwo, Delvin, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 74.
Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dickerson, Fisher, R., Mason, Ogden, Patterson, Poulsen, Regala, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 22.
Excused: Representatives Blanton and Horn - 2.
Engrossed Substitute House Bill No. 1903, having received the constitutional majority, was declared passed.
HOUSE JOINT MEMORIAL NO. 4001, by Representatives Campbell, B. Thomas, Chappell, Schoesler, Talcott, Dyer, Mastin, Chandler, Casada, Kremen, Sheahan, Backlund, Beeksma, Pennington, Lambert, Smith, Delvin, Robertson, Buck, Elliot, Mulliken, Blanton, Benton, McMahan, Hargrove, Radcliff, Koster, Scott, Cooke, Johnson, Thompson, Goldsmith, Crouse, Brumsickle, G. Fisher, Basich, Grant, Sehlin, Van Luven, Hankins, McMorris, Fuhrman, Sheldon, Huff, Silver and Hymes
Petitioning the federal government to cease and desist mandates that are beyond the scope of its powers.
The memorial was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the memorial was placed on final passage.
Representatives Campbell, Foreman, Elliot, Sherstad, Sheldon, Koster, Johnson, Smith and Padden spoke in favor of passage of the memorial.
Representatives Appelwick, Jacobsen and Benton spoke against passage of the memorial.
Representative Appelwick again spoke against passage of the memorial.
Representative Campbell again spoke in favor of passage of the memorial.
MOTIONS
Representative McMahan moved that the remarks by Representative Campbell to House Joint Memorial No. 4001 be spread upon the Journal.
Representative Campbell moved that the remarks by Representative Appelwick to House Joint Memorial No. 4001 be spread upon the Journal.
Representative McMahan withdrew the motion to spread the remarks by Representative Campbell on the Journal.
Representative Campbell withdrew the motion to spread the remarks by Representative Appelwick on the Journal.
The Speaker stated the question before the House to be final passage of House Joint Memorial No. 4001.
ROLL CALL
The Clerk called the roll on the final passage of House Joint Memorial No. 4001, and the memorial passed the House by the following vote: Yeas - 71, Nays - 25, Absent - 0, Excused - 2.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 71.
Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Hatfield, Jacobsen, Kessler, Mason, Ogden, Poulsen, Regala, Romero, Rust, Scott, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 25.
Excused: Representatives Blanton and Horn - 2.
House Joint Memorial No. 4001, having received the constitutional majority, was declared passed.
HOUSE JOINT MEMORIAL NO. 4020, by Representatives Campbell, Hatfield, Wolfe, B. Thomas, McMorris, Brumsickle, Morris, Radcliff, Elliot, Beeksma, Kessler, Carrell and L. Thomas
Encouraging schools to provide an elementary gun safety program.
The memorial was read the second time.
Representative Costa moved adoption of the following amendment by Representative Costa:
On page 1, after line 18, strike all material down to and including "State." on page 2, line 25 and insert the following:
"WHEREAS, Fortunately, education professionals, firearms safety experts, and others have developed gun safety programs designed for children in the early grades; and
WHEREAS, The Eddie Eagle Gun Safety Program developed by the National Rifle Association and the STAR program (Straight Talk about Risks) developed by the Center to Prevent Handgun Violence are two such programs that teach the fundamentals of firearms safety to children in an effective and enjoyable way, emphasizing the need to stay away from guns and to report guns to a responsible adult; and
WHEREAS, These worthwhile programs are available at nominal costs; and
WHEREAS, Teaching children to act safely around firearms is a critical step in the effort to reduce the number of firearms accidents among children;
NOW, THEREFORE, Your Memorialists respectfully pray that the school districts of the State of Washington promote the use of gun safety programs in our schools to help prevent firearms accidents among children.
BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Judith Billings, Superintendent of Public Instruction, and to the Superintendent of each public school district in Washington State."
Representative Costa spoke in favor of the adoption of the amendment.
Representative Campbell spoke against the adoption of the amendment.
Representative Schoesler demanded an electronic roll call vote and the demand was sustained.
Representative Costa again spoke in favor of the adoption of the amendment.
ROLL CALL
The Clerk called the roll on the adoption of the amendment on page 1, after line 18, to House Joint Memorial No. 4020 and the memorial was not adopted by the following vote: Yeas - 35, Nays - 61, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 35.
Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 61.
Excused: Representatives Blanton and Horn - 2.
There being no objection, the rules were suspended, the second reading considered the third and the memorial was placed on final passage.
Representatives Campbell, Brumsickle, K. Schmidt, Cole and Mitchell spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Joint Memorial No. 4020.
ROLL CALL
The Clerk called the roll on the final passage of House Joint Memorial No. 4020, and the memorial passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Horn - 2.
House Joint Memorial No. 4020, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1431, by Representative Silver; by request of Department of Retirement Systems
Paying for department of retirement system expenses.
The bill was read the second time. There being no objection, Substitute House Bill No. 1431 was substituted for House Bill No. 1431 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1431 was read the second time.
Representative Beeksma moved adoption of the following amendment by Representative Beeksma:
On page 2, beginning on line 13, strike section 2
Renumber the remaining section consecutively and correct the title reference accordingly.
Representative Beeksma spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Lambert moved adoption of the following amendment by Representative Lambert:
On page 2, line 28, strike "department" and insert "office of financial management"
Representative Beeksma: Thank you Mr. Speaker. I would request a ruling on the scope and object of the amendment.
Representative Lambert withdrew amendment number 83 to Substitute House Bill No. 1431.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Silver spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1431.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1431, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Horn - 2.
Engrossed Substitute House Bill No. 1431, having received the constitutional majority, was declared passed.
There being no objection, all bills passed today will be transmitted to the Senate.
HOUSE BILL NO. 1476, by Representative Dyer; by request of Department of Social and Health Services
Modifying federal financial participation related to health insurer's and children's health care.
The bill was read the second time. There being no objection, Substitute House Bill No. 1476 was substituted for House Bill No. 1476 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1476 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Dyer spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1476.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1476, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Horn - 2.
Substitute House Bill No. 1476, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1483, by Representatives Pennington, Elliot, Stevens, Huff, Mielke, Johnson, L. Thomas, McMahan and Sheahan
Revising provisions on the prevention and suppression of forest wild fires.
The bill was read the second time. There being no objection, Substitute House Bill No. 1483 was substituted for House Bill No. 1483 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1483 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Pennington spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1483.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1483, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Horn - 2.
Substitute House Bill No. 1483, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1485, by Representatives Morris, Pennington, Brumsickle, Robertson, Campbell, Mastin, Schoesler, Basich, Chandler, Sheldon, Kremen, Thompson, Costa, McMahan and Quall
Exempting from sales and use tax sales to volunteer fire departments.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Morris spoke in favor of passage of the bill.
Representative Foreman moved that the House defer further consideration of House Bill No. 1485 and the bill held it's place on the second reading calendar.
HOUSE BILL NO. 1507, by Representatives Ogden, Radcliff, Jacobsen, Brumsickle, Chopp and Dickerson; by request of Washington State Historical Society
Requiring a process to solicit proposals for and prioritize heritage capital projects.
The bill was read the second time. There being no objection, Substitute House Bill No. 1507 was substituted for House Bill No. 1507 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1507 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Ogden, Sehlin, Jacobsen and Chopp spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1507.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1507, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Horn - 2.
Substitute House Bill No. 1507, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
HOUSE BILL NO. 1524, by Representatives Chandler, Mastin and McMorris
Changing weights and measures regulations.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 1524 was substituted for House Bill No. 1524 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 1524 was read the second time.
With the consent of the House, amendment number 236 to Substitute House Bill No. 1524 was withdrawn.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Mastin and Chandler spoke in favor of passage of the bill.
Representatives Rust and Jacobsen spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 1524.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 1524, and the bill passed the House by the following vote: Yeas - 77, Nays - 20, Absent - 0, Excused - 1.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cooke, Costa, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 77.
Voting nay: Representatives Appelwick, Cole, Conway, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Jacobsen, Mason, Poulsen, Regala, Romero, Rust, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 20.
Excused: Representative Blanton - 1.
Second Substitute House Bill No. 1524, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1527, by Representatives Benton, Clements, Koster, Dellwo, Campbell, Boldt, Kessler, Wolfe, Mielke, Thompson, Delvin, Carlson, Pelesky, D. Schmidt, Chopp, Van Luven, R. Fisher, Hickel, Sehlin, Costa, Ballasiotes, Pennington, Radcliff, Carrell, Hatfield, Romero, B. Thomas, Beeksma, Cody, Cooke, Dickerson, Conway, Jacobsen, Basich, Hargrove, L. Thomas, Chandler, Kremen, Robertson, Johnson, K. Schmidt, Smith, Dyer, Elliot, Blanton, Goldsmith, Mulliken, Schoesler and Brumsickle
Recognizing veterans of World War II.
The bill was read the second time. There being no objection, Substitute House Bill No. 1527 was substituted for House Bill No. 1527 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1527 was read the second time.
Representative Benton moved adoption of the following amendment by Representative Benton:
On page 1, line 15, strike "twenty-five thousand"
On page 1, line 15, after "of" insert "fifty thousand"
Representative Benton spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Benton, Basich and Clements spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1527.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1527, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
Engrossed Substitute House Bill No. 1527, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1536, by Representative Dyer
Revising the Washington long-term care partnership.
The bill was read the second time. There being no objection, Substitute House Bill No. 1536 was substituted for House Bill No. 1536 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1536 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Dyer and Dellwo spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1536.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1536, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
Substitute House Bill No. 1536, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1540, by Representatives Fuhrman, Jacobsen, Buck, Campbell, Basich, Hargrove, L. Thomas, Chandler, Robertson, Honeyford, Johnson, Thompson, Dyer, Delvin, Elliot, Mielke, Blanton, McMorris, McMahan, Mulliken, Clements, Cooke, Brumsickle and Stevens
Expanding the authority of the fish and wildlife commission.
The bill was read the second time. There being no objection, Substitute House Bill No. 1540 was substituted for House Bill No. 1540 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1540 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Buck and Fuhrman spoke in favor of passage of the bill.
Representative Basich spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1540.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1540, and the bill passed the House by the following vote: Yeas - 86, Nays - 11, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Conway, Cooke, Costa, Crouse, Delvin, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria and Mr. Speaker - 86.
Voting nay: Representatives Basich, Brown, Cole, Dellwo, Dickerson, Fisher, R., Mason, Regala, Rust, Sommers and Wolfe - 11.
Excused: Representative Blanton - 1.
Substitute House Bill No. 1540, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1542, by Representatives Brown, Cooke, Dickerson and Costa; by request of Department of Social and Health Services
Modifying placement of juveniles, specifically addressing independent living.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Brown and Cooke spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1542.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1542, and the bill passed the House by the following vote: Yeas - 88, Nays - 9, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Kremen, Lambert, Lisk, Mason, Mastin, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Sommers, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 88.
Voting nay: Representatives Koster, McMahan, Mulliken, Padden, Pennington, Schoesler, Sherstad, Smith and Stevens - 9.
Excused: Representative Blanton - 1.
House Bill No. 1542, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1553, by Representative L. Thomas; by request of Attorney General
Concerning the proper form of certain ballot titles.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative L. Thomas spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1553.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1553, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
House Bill No. 1553, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1555, by Representatives McMorris, Foreman, Mastin, Chandler, Chappell, Koster, Boldt, Schoesler, Johnson, Honeyford, Clements, Regala, Basich, Hargrove, L. Thomas, Thompson, Delvin, Elliot, Goldsmith, McMahan, Mulliken, Fuhrman, Stevens and Lisk
Revising department of ecology entry authority for water quality complaints caused by agricultural activity.
The bill was read the second time. There being no objection, Substitute House Bill No. 1555 was substituted for House Bill No. 1555 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1555 was read the second time.
Representative Schoesler moved adoption of the following amendment by Representative Schoesler:
On page 1, line 7, strike "private"
On page 1, line 12, strike "private"
On page 1, line 16, strike "private"
On page 1, line 18, strike "private"
On page 2, line 15, strike "private"
On page 3, line 5, strike "private"
On page 3, line 9, strike "private"
Representative Schoesler spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McMorris and Mastin spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1555.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1555, and the bill passed the House by the following vote: Yeas - 82, Nays - 15, Absent - 0, Excused - 1.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Conway, Cooke, Costa, Crouse, Delvin, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Veloria and Mr. Speaker - 82.
Voting nay: Representatives Appelwick, Chopp, Cole, Dellwo, Dickerson, Fisher, R., Jacobsen, Mason, Romero, Rust, Sommers, Thibaudeau, Tokuda, Valle and Wolfe - 15.
Excused: Representative Blanton - 1.
Engrossed Substitute House Bill No. 1555, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1556, by Representatives Wolfe, Boldt, Scott, Romero, B. Thomas, Johnson, Talcott, Delvin, Carrell, Campbell, Van Luven, Cooke, Dickerson, Kessler, Basich, Conway, Smith and Costa
Creating a presumption that visitation by relatives such as grandparents is in a child's best interests.
The bill was read the second time. There being no objection, Substitute House Bill No. 1556 was substituted for House Bill No. 1556 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1556 was read the second time.
Representative McMahan moved adoption of the following amendment by Representative Mcmahan:
On page 1, line 15, after "proceeding." insert "A person other than a parent may not petition for visitation under this section unless the child's parent or parents have commenced an action under this chapter."
On page 3, after line 11, strike all of subsection (11).
Representatives McMahan, Wolfe and Padden spoke in favor of the adoption of the amendment.
Representatives Appelwick spoke against the adoption of the amendment.
Representative Wolfe again spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Wolfe, Appelwick, Robertson and Carrell spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1556.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1556, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Blanton - 1.
Engrossed Substitute House Bill No. 1556, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1594, by Representatives Foreman, Sherstad, Campbell, Benton, McMahan, Elliot, Chandler and Hargrove
Requiring blood tests of injured persons if persons rendering aid came in contact with their blood.
The bill was read the second time. There being no objection, Substitute House Bill No. 1594 was substituted for House Bill No. 1594 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1594 was read the second time.
With the consent of the House, amendment number 160 to Substitute House Bill No. 1594 was withdrawn.
Representative Smith moved adoption of the following amendment by Representative Smith:
On page 2, line 7, after "disclose" strike "the test result" and insert "the identity of the person whose blood was tested"
Representative Smith spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Foreman and Campbell spoke in favor of passage of the bill.
Representatives Cody and Thibaudeau spoke against the passage of the bill.
Representative Campbell again spoke in favor of passage of the bill.
MOTION
On motion of Representative Grant, Representative Brown was excused.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1594.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1594, and the bill passed the House by the following vote: Yeas - 72, Nays - 24, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Cooke, Crouse, Delvin, Dyer, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 72.
Voting nay: Representatives Chopp, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, R., Hatfield, Kessler, Mason, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 24.
Excused: Representatives Blanton and Brown - 2.
Engrossed Substitute House Bill No. 1594, having received the constitutional majority, was declared passed.
I intended to vote NAY on Engrossed Substitute House Bill No. 1594.
EILEEN CODY, 11th District
HOUSE BILL NO. 1625, by Representatives Reams, Brumsickle, Casada, Morris, Hargrove, Buck, Radcliff, Benton, Grant, Talcott, Hymes, Thompson, Elliot and Huff
Regulating payment of impact fees.
The bill was read the second time. There being no objection, Substitute House Bill No. 1625 was substituted for House Bill No. 1625 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1625 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Goldsmith and Reams spoke in favor of passage of the bill.
Representative Rust spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1625.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1625, and the bill passed the House by the following vote: Yeas - 70, Nays - 26, Absent - 0, Excused - 2.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 70.
Voting nay: Representatives Appelwick, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Jacobsen, Mason, Poulsen, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Thomas, B., Tokuda, Valle, Veloria and Wolfe - 26.
Excused: Representatives Blanton and Brown - 2.
Substitute House Bill No. 1625, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1639, by Representatives B. Thomas, Van Luven, Morris, Horn, Campbell, Kremen and Sheldon
Exempting vessel manufacturers and dealers from the use tax.
The bill was read the second time. There being no objection, Substitute House Bill No. 1639 was substituted for House Bill No. 1639 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1639 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative B. Thomas spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1639.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1639, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Brown - 2.
Substitute House Bill No. 1639, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1663, by Representatives Schoesler, Carlson, Brumsickle, Morris, Chopp, Tokuda, Dickerson, Campbell, Costa, Benton, Robertson, D. Schmidt, Thompson, Cooke, Mason and Dyer
Concerning the taxation of property donated to a nonprofit entity.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Schoesler and Carlson spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1663.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1663, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Brown - 2.
House Bill No. 1663, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1665, by Representatives McMorris, Campbell, Honeyford, Koster, Johnson, Huff, Cairnes, Fuhrman, D. Schmidt, Padden and Thompson
Limiting review or approval of on-site sewage disposal systems by the department of ecology.
The bill was read the second time. There being no objection, Substitute House Bill No. 1665 was substituted for House Bill No. 1665 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1665 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McMorris and Mastin spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1665.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1665, and the bill passed the House by the following vote: Yeas - 71, Nays - 25, Absent - 0, Excused - 2.
Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 71.
Voting nay: Representatives Appelwick, Basich, Chopp, Cody, Cole, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Jacobsen, Mason, Ogden, Poulsen, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 25.
Excused: Representatives Blanton and Brown - 2.
Substitute House Bill No. 1665, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1673, by Representatives Dickerson, Mason, Morris, Chappell, Wolfe, Kessler, Hatfield, Conway, Benton, Kremen, Cody and Mastin
Expanding property tax deferrals for senior citizens and persons retired by reason of physical disability.
The bill was read the second time. There being no objection, Substitute House Bill No. 1673 was substituted for House Bill No. 1673 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1673 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Dickerson and Pennington spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1673.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1673, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Brown - 2.
Substitute House Bill No. 1673, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 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
Eliminating registration requirements for sellers of travel.
The bill was read the second time. There being no objection, Substitute House Bill No. 1704 was substituted for House Bill No. 1704 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1704 was read the second time.
Representative Lisk moved adoption of the following amendment by Representative Lisk:
On page 3, line 32, after "advertisement" strike "brochure" and insert ", brochure,"
Representative Lisk spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Lisk moved adoption of the following amendment by Representative Lisk:
On page 6, line 3, strike "approved" and insert "((approved))"
Representative Lisk spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Lisk moved adoption of the following amendment by Representative Lisk:
On page 10, line 9, strike "section" and insert "chapter"
Representative Lisk spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Lisk moved adoption of the following amendment by Representative Lisk:
On page 12, line 20, strike all of line 20
Renumber remaining subsections consecutively and correct the title accordingly.
Representative Lisk spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Lisk spoke in favor of passage of the bill.
Representative Cole spoke against passage of the bill.
MOTION
On motion of Representative Grant, Representative Dellwo was excused.
Representative K. Schmidt: Thank you Mr. Speaker. This bill regulates travels agents, in my private life I do own a travel agency I would like a ruling from the Speaker whether I should vote or not vote on this bill.
Mr. Speaker: Thank you, Representative K. Schmidt. Under the rules of the House, under voting rule 19 Sub. Sec. D no member should vote on any question which effects that member privately and particularly. This would effect many other people similarly. And it would not be you privately and particularly. So the rules say you should vote.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1704.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1704, and the bill passed the House by the following vote: Yeas - 74, Nays - 21, Absent - 0, Excused - 3.
Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cooke, Costa, Crouse, Delvin, Dyer, Ebersole, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 74.
Voting nay: Representatives Appelwick, Basich, Cody, Cole, Conway, Dickerson, Fisher, G., Fisher, R., Jacobsen, Mason, Ogden, Poulsen, Regala, Romero, Rust, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 21.
Excused: Representatives Blanton, Brown and Dellwo - 3.
Engrossed Substitute House Bill No. 1704, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1705, by Representatives Huff, Casada, Kremen, Patterson, Grant, Kessler, G. Fisher, Mielke, Crouse, Chandler, Hankins, Mitchell, Hatfield, Campbell, Smith, L. Thomas, Horn and Benton
Excluding utility line clearing from the definition of retail sale.
The bill was read the second time. There being no objection, Substitute House Bill No. 1705 was substituted for House Bill No. 1705 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1705 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Huff, Beeksma and Kessler spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1705.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1705, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.
Excused: Representatives Blanton, Brown and Dellwo - 3.
Substitute House Bill No. 1705, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1707, by Representatives Hargrove, Sheahan and Pelesky
Correcting references to classification of cities and towns.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Hargrove spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1707.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1707, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.
Excused: Representatives Blanton, Brown and Dellwo - 3.
House Bill No. 1707, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1709, by Representatives Carrell, Padden, Campbell, Backlund, Costa, Conway, Delvin, Robertson, Thompson, McMahan, Benton and Elliot
Limiting certain offenses to no more than fifteen percent good time credits.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Carrell, Reams, Padden and Casada spoke in favor of passage of the bill.
Representative B. Thomas spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1709.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1709, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.
Excused: Representatives Blanton, Brown and Dellwo - 3.
House Bill No. 1709, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 1719 and House Bill No. 1729 and the bills held their place on the second reading calendar.
HOUSE BILL NO. 1739, by Representatives Hymes, L. Thomas, Mielke, Fuhrman, G. Fisher, Grant and Reams
Delegating to local municipal jurisdictions of hydraulic project approval authority.
The bill was read the second time. There being no objection, Substitute House Bill No. 1739 was substituted for House Bill No. 1739 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1739 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hymes and Reams spoke in favor of passage of the bill.
Representative Rust spoke against passage of the bill.
MOTION
On motion of Representative Grant, Representative Tokuda was excused.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1739.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1739, and the bill passed the House by the following vote: Yeas - 75, Nays - 19, Absent - 0, Excused - 4.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Costa, Crouse, Delvin, Dyer, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Veloria and Mr. Speaker - 75.
Voting nay: Representatives Appelwick, Chopp, Cody, Cole, Dickerson, Ebersole, Fisher, R., Jacobsen, Mason, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Sommers, Thibaudeau, Valle and Wolfe - 19.
Excused: Representatives Blanton, Brown, Dellwo and Tokuda - 4.
Substitute House Bill No. 1739, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1741, by Representatives Chandler and Mastin
Providing moneys for wine and wine grape research.
The bill was read the second time. There being no objection, Substitute House Bill No. 1741 was substituted for House Bill No. 1741 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1741 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Chandler, Mastin, Dyer and G. Fisher spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1741.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1741, and the bill passed the House by the following vote: Yeas - 89, Nays - 5, Absent - 0, Excused - 4.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 89.
Voting nay: Representatives Benton, Fisher, G., McMahan, Patterson and Smith - 5.
Excused: Representatives Blanton, Brown, Dellwo and Tokuda - 4.
Substitute House Bill No. 1741, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1742, by Representatives Mitchell, Casada and K. Schmidt
Providing that the department of community, trade, and economic development provide support for the energy facility site evaluation council.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Mitchell spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1742.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1742, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.
Excused: Representatives Blanton, Brown, Dellwo and Tokuda - 4.
House Bill No. 1742, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1749, by Representatives Clements, Lisk, Blanton, Chandler, Lambert, Honeyford, Sheldon, Horn, Skinner, Hargrove, Fuhrman, Stevens, Radcliff, Huff, Schoesler and Backlund
Defining misconduct for unemployment insurance purposes.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Clements and Lisk spoke in favor of passage of the bill.
Representatives Romero, Conway, Kremen, Campbell and Ballasiotes spoke against passage of the bill.
Representative Clements again spoke in favor of passage of the bill.
Representative Clements yielded to a question by Representative Ballasiotes.
Representative Ballasiotes: Does it indeed address the issue, if your employer has a no smoking policy and you smoke off the job in your home, in your car; wherever, is this off duty misconduct.
Representative Clements: I don't think the intent of this is to deal with smoking. I would say that if you worked in a place where smoking could be a problem and it was written down as part of the job description as misconduct whatever the circumstances you'd understand that because it was written. The problem we have is when things aren't written and people don't understand. That's about the best way I can answer that question.
The Speaker stated the question before the House to be final passage of House Bill No. 1749.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1749, and the bill failed to pass the House by the following vote: Yeas - 43, Nays - 52, Absent - 0, Excused - 3.
Voting yea: Representatives Beeksma, Benton, Boldt, Cairnes, Casada, Chandler, Clements, Cooke, Delvin, Dyer, Elliot, Foreman, Goldsmith, Hickel, Honeyford, Horn, Huff, Hymes, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Pelesky, Quall, Radcliff, Reams, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 43.
Voting nay: Representatives Appelwick, Backlund, Ballasiotes, Basich, Brown, Brumsickle, Buck, Campbell, Carlson, Carrell, Chappell, Chopp, Cody, Cole, Conway, Costa, Crouse, Dickerson, Ebersole, Fisher, G., Fisher, R., Fuhrman, Grant, Hankins, Hargrove, Hatfield, Jacobsen, Johnson, Kessler, Kremen, Mason, Mastin, Mitchell, Morris, Ogden, Padden, Patterson, Pennington, Poulsen, Regala, Robertson, Romero, Rust, Schmidt, K., Scott, Sheldon, Smith, Sommers, Thibaudeau, Valle, Veloria and Wolfe - 52.
Excused: Representatives Blanton, Dellwo and Tokuda - 3.
House Bill No. 1749, not having received the constitutional majority, was declared failed.
HOUSE BILL NO. 1758, by Representatives Backlund, Sherstad, Dyer, Morris and Cody
Creating the health professional data information system.
The bill was read the second time. There being no objection, Substitute House Bill No. 1758 was substituted for House Bill No. 1758 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1758 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Backlund spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1758.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1758, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.
Excused: Representatives Blanton, Dellwo and Tokuda - 3.
Substitute House Bill No. 1758, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1761, by Representatives Casada, Hankins, Patterson, Crouse, Huff, Carlson, Morris, Mielke, Mitchell and Kessler
Clarifying physical conditions for determining the output of major energy projects.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Casada spoke in favor of passage of the bill.
Representative Casada yielded to a question by Representative Hankins.
Representative Hankins: For purposes of clarification, does the term "continuous" include a thermal power plant's planned or unplanned shutdown periods? For example would the shutdown of a plant for maintenance interrupt the "continuous" nature of the power rating for purposes of the measurement?
Representative Casada: No. The term "continuous" means or refers to what the plant can sustain over a continuous period of time. This is the performance level which would be certified by the manufacturer for continuous operation of the plant for an extended period of time. So, to respond to your example, planned or unplanned shutdowns for maintenance or other operational reasons would not affect the calculation of the two hundred fifty thousand kilowatts, as that term is defined under this amendment, which would be measured using the continuous power rating, less minimum auxiliary load, at average ambient temperature and pressure.
Representative Hankins: Does then that whole phrase, "maximum continuous electric generating capacity", mean the highest possible amount of electric generation the plant is capable of achieving?
Representative Casada: No. The phrase "maximum continuous electric generation capacity" means the electric generating level that the plant can sustain when operated at the performance level guaranteed by the electric generating equipment manufacturer for continuous operation of the plant for an extended period of time.
Representative Hankins: Also for purposes of clarification, does the term "plant" mean only the electric generating equipment?
Representative Casada: No. The term "plant" means the entire electric generation facility, including all associated facilities, together with all integrated control devices.
Representative Hankins: For further clarification, is there a specific location at which the electric generation capacity is "measured" as referenced in the statute?
Representative Casada: Yes. The term "measured" means at the plant interconnect with the electric distribution system to which the plant supplies electricity.
Representative Hankins spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1761.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1761, and the bill passed the House by the following vote: Yeas - 92, Nays - 3, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, 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, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 92.
Voting nay: Representatives Boldt, Ogden and Romero - 3.
Excused: Representatives Blanton, Dellwo and Tokuda - 3.
House Bill No. 1761, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 1773 and House Bill No. 1791 and the bills held their place on the second reading calendar.
HOUSE BILL NO. 1814, by Representative Carlson
Changing provisions relating to the Washington award for vocational excellence.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 1814 was substituted for House Bill No. 1814 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 1814 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Carlson spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 1814.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 1814, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Tokuda - 2.
Second Substitute House Bill No. 1814, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 1818 and the bill held it's place on the second reading calendar.
NOTICE OF RECONSIDERATION
Representative K. Schmidt: Having voted on the prevailing side I move to reconsider the vote by which Second Substitute House Bill No. 1749 failed to pass the House on the next working day.
HOUSE BILL NO. 1843, by Representatives Lisk, Cole, Hargrove, Romero, Horn and Conway
Clarifying the terms of the members of the advisory board of plumbers.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Lisk spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1843.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1843, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Tokuda - 2.
House Bill No. 1843, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1862, by Representatives Reams, K. Schmidt, Horn, Hankins and Blanton
Promoting the development of model home-matching programs.
The bill was read the second time. There being no objection, Substitute House Bill No. 1862 was substituted for House Bill No. 1862 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1862 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Mitchell spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1862.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1862, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 1, Excused - 2.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.
Absent: Representative Appelwick - 1.
Excused: Representatives Blanton and Tokuda - 2.
Substitute House Bill No. 1862, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1871, by Representatives Sheahan and Schoesler
Providing equalization for transit systems imposing an utility tax.
The bill was read the second time. There being no objection, Substitute House Bill No. 1871 was substituted for House Bill No. 1871 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1871 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Sheahan spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1871.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1871, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Tokuda - 2.
Substitute House Bill No. 1871, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1910, by Representatives Goldsmith, Cairnes, Hargrove and Lisk
Providing for industrial insurance self-insurers to determine benefits for permanent disability.
The bill was read the second time. There being no objection, Substitute House Bill No. 1910 was substituted for House Bill No. 1910 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1910 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Goldsmith, Campbell, Cairnes and Mastin spoke in favor of passage of the bill.
Representatives Romero and Conway spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1910.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1910, and the bill passed the House by the following vote: Yeas - 68, Nays - 28, Absent - 0, Excused - 2.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Dellwo, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 68.
Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dickerson, Ebersole, Fisher, G., Fisher, R., Hatfield, Jacobsen, Kessler, Mason, Morris, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Valle, Veloria and Wolfe - 28.
Excused: Representatives Blanton and Tokuda - 2.
Substitute House Bill No. 1910, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 1911 and the bill held it's place on the second reading calendar.
HOUSE BILL NO. 1938, by Representatives L. Thomas, Mielke, Horn and Reams
Modifying the administration of the responsibilities of self-insurers.
The bill was read the second time. There being no objection, Substitute House Bill No. 1938 was substituted for House Bill No. 1938 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1938 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives L. Thomas and Wolfe spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1938.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1938, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Tokuda - 2.
Substitute House Bill No. 1938, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1977, by Representatives Mielke, Casada, Grant, Appelwick, Basich, Smith and L. Thomas
Penalizing theft of telecommunication and cable services.
The bill was read the second time. There being no objection, Substitute House Bill No. 1977 was substituted for House Bill No. 1977 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1977 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Mielke spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1977.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1977, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Tokuda - 2.
Substitute House Bill No. 1977, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1991, by Representatives Silver, Ogden, Sommers, Valle, Chandler, Stevens and Fuhrman; by request of Legislative Budget Committee
Reimbursing the legislative budget committee.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Silver and Ogden spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1991.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1991, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Excused: Representatives Blanton and Tokuda - 2.
House Bill No. 1991, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 2004 and the bill held it's place on the second reading calendar.
HOUSE BILL NO. 2022, by Representative Fuhrman
Making mining claims.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Fuhrman spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2022.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2022, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.
Excused: Representatives Blanton, Ebersole and Tokuda - 3.
House Bill No. 2022, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2032, by Representatives K. Schmidt, R. Fisher, Hatfield, Cairnes, Brown, Backlund, Romero, Johnson, D. Schmidt, Elliot, Benton and Blanton
Depositing certain sales or use tax revenue into the transportation fund.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative K. Schmidt spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2032.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2032, and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, 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, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.
Voting nay: Representative Rust - 1.
Excused: Representatives Blanton, Ebersole and Tokuda - 3.
House Bill No. 2032, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2036, by Representative L. Thomas
Concerning the sale of consumer credit unemployment insurance.
The bill was read the second time. There being no objection, Substitute House Bill No. 2036 was substituted for House Bill No. 2036 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2036 was read the second time.
Representative Smith moved adoption of the following amendment by Representative Smith:
On page 1, beginning on line 14, after "life" strike all material through "lines" on line 17, and insert "((and credit disability insurance in connection with an extension of credit and such other credit life or disability insurance lines)) and credit disability insurance or credit casualty insurance against loss or damage resulting from failure of debtors to pay their obligations in connection with an extension of credit and such other credit life and disability insurance or credit casualty insurance against loss or damage resulting from failure of debtors to pay their obligations"
On page 2, beginning on line 18, after "life" strike all material through "insurance" on line 19, and insert "((and credit accident and health insurance)) and credit accident and health insurance and credit casualty insurance against loss or damage resulting from failure of debtors to pay their obligations"
Representatives Smith and L. Thomas spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative L. Thomas spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2036.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2036, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.
Excused: Representatives Blanton, Ebersole and Tokuda - 3.
Engrossed Substitute House Bill No. 2036, having received the constitutional majority, was declared passed.
There being no objection, the House considered the following bills in the following order: House Bill No. 1104, House Bill No. 1775, Substitute House Bill No. 1231 and Engrossed House Bill No. 1130.
HOUSE BILL NO. 1104, by Representatives McMorris, Campbell, Pennington, Mulliken, Koster, Sheldon, Padden, Kremen, Smith, Chandler, Honeyford, Hargrove, McMahan, Benton, D. Schmidt, Chappell, Thompson, Fuhrman, Delvin, Schoesler, Casada, Blanton, Stevens, Johnson, Huff, Foreman, Hymes, Sherstad, Robertson, Backlund, L. Thomas, Mielke, Cairnes, Elliot, Goldsmith and Buck
Removing requirements relating to carrying firearms unloaded and enclosed in an opaque case or wrapper.
The bill was read the second time.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.41.050 and 1994 sp.s. c 7 s 405 are each amended to read as follows:
(1) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.
(2) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (a) The pistol is on the licensee's person, (b) the licensee is within the vehicle at all times that the pistol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
(3) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
(4) Any city or town may enact an ordinance that provides that except as otherwise provided in this chapter, no person may carry a firearm unless it is unloaded and enclosed in an opaque case or secure wrapper or the person is:
(a) Licensed under RCW 9.41.070 to carry a concealed pistol;
(b) In attendance at a hunter's safety course or a firearms safety course;
(c) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;
(d) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
(e) ((Hunting or trapping under a valid license issued to the person under Title 77 RCW;
(f) In an area where the discharge of a firearm is permitted, and is not trespassing;
(g) Traveling with any unloaded firearm in the person's possession to or from any activity described in (b), (c), (d), (e), or (f) of this subsection, except as provided in (h) of this subsection;
(h))) Traveling in a motor vehicle with a firearm, other than a pistol, that is unloaded and locked in the trunk or other compartment of the vehicle, secured in a gun rack, or otherwise secured in place in a vehicle;
(((i))) (f) On real property under the control of the person or a relative of the person;
(((j))) (g) At his or her residence;
(((k))) (h) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty;
(((l))) (i) Is a law enforcement officer; or
(((m))) (j) Carrying a firearm from or to a vehicle for the purpose of taking or removing the firearm to or from a place of business for repair.
(5) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.
(((6) Any city, town, or county may enact an ordinance to exempt itself from the prohibition of subsection (4) of this section.))"
On page 1, line 1 of the title, after "firearm;" strike the remainder of the title and insert "and amending RCW 9.41.050."
Representative Appelwick spoke in favor of the adoption of the amendment.
Representative Campbell spoke against the adoption of the amendment.
The amendment was not adopted.
With the consent of the House, amendment number 127 to House Bill No. 1104 was withdrawn.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McMorris and Campbell spoke in favor of passage of the bill.
Representatives Appelwick and Cole spoke against passage of the bill.
Representative Appelwick yielded to a question by Representative Romero.
Representative Romero: Would Hunters who were in route to their hunting destination be exempt from current law?
Representative Appelwick: Yes.
The Speaker stated the question before the House to be final passage of House Bill No. 1104.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1104, and the bill passed the House by the following vote: Yeas - 69, Nays - 26, Absent - 0, Excused - 3.
Voting yea: Representatives Backlund, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Crouse, Dellwo, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 69.
Voting nay: Representatives Appelwick, Ballasiotes, Basich, Brown, Chopp, Cody, Cole, Costa, Dickerson, Fisher, G., Fisher, R., Horn, Jacobsen, Mason, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Valle, Veloria and Wolfe - 26.
Excused: Representatives Blanton, Ebersole and Tokuda - 3.
House Bill No. 1104, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1775, by Representatives Mulliken, Mastin, Schoesler, Chandler, McMorris, Robertson, Honeyford and Elliot
Specifying how water rights apply to conserved water and providing an appeal process for decisions regarding conserved water.
The bill was read the second time. There being no objection, Substitute House Bill No. 1775 was substituted for House Bill No. 1775 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1775 was read the second time.
Representative Chandler moved adoption of the following amendment by Representative Chandler:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.03.380 and 1991 c 347 s 15 are each amended to read as follows:
(1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That ((said)) the right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and ((said)) the application shall not be granted until notice of ((said)) the application ((shall be)) is published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.
(2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial or operational integrity of either of the districts.
(3) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district. The board of directors may approve such a change if the board determines that the change: Will not adversely affect the district's ability to deliver water to other landowners; will not require the construction by the district of diversion or drainage facilities unless the board finds that the construction by the district is in the interest of the district; will not impair the financial or operational integrity of the district; and is consistent with the contractual obligations of the district.
(4) Subsections (1), (2), and (3) of this section do not apply to a change regarding a portion of the water governed by a water right that is made surplus to the beneficial uses exercised under the right through the implementation of practices or technologies, including but not limited to conveyance practices or technologies, which are more efficient or more water use efficient than those under which the right was perfected or through a change in the crops grown under the water right. The use within an irrigation district of water supplied by the district and made surplus as provided in this subsection shall be regulated solely as provided by the board of directors of the irrigation district except as follows: Such a use requires the approval of the board of directors of the irrigation district or must otherwise be authorized by the board; the board may approve or authorize such a use only if the use does not impair the financial or operational integrity of the district; and water made surplus through a change in the crops grown with district-supplied water is not available for use as a matter of right by the individual water user making the change, but may be used by the board for the benefit of the district generally. The district's board of directors may approve or otherwise authorize under this subsection uses of such surplus water that result in the total irrigated acreage within the district exceeding the irrigated acreage recorded with the department for the district's water right if the board notifies the department of the change in the irrigated acreage within the district. Such a notification provides a change in the district's water right and, upon receiving the notification, the department shall revise its records for the district's right to reflect the change. The use of water other than irrigation district-supplied water that is made surplus as provided in this subsection is governed by section 2 of this act.
(5) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.
(6) The department may not initiate relinquishment proceedings under chapter 90.14 RCW regarding a water right for which an application for a transfer or change is filed under this section for a period of two years after the date the department receives the filing.
NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows:
If a portion of the water governed by a water right is made surplus to the beneficial uses exercised under the right through the implementation of practices or technologies, including but not limited to conveyance practices or technologies, which are more efficient or more water use efficient than those under which the right was perfected or through a change in the crops grown under the water right, the right to use the surplus water may be changed to use on other lands owned by the holder of the water right that are contiguous to the lands upon which the use of the water was authorized by the right before such a change. Such a change shall be made without loss of priority of the right. The holder of the water right shall notify the department of such a change. The notification provides a change in the holder's water right and, upon receiving the notification, the department shall revise its records for the water right to reflect the change.
This section does not apply to water supplied by an irrigation district.
Sec. 3. RCW 90.44.100 and 1987 c 109 s 113 are each amended to read as follows:
(1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of ground water right, the holder of a valid right to withdraw public ground waters may, without losing his priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or he may change the manner or the place of use of the water((: PROVIDED, HOWEVER, That such)). An amendment shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that: (((1))) (a) The additional or substitute well or wells shall tap the same body of public ground water as the original well or wells; (((2))) (b) use of the original well or wells shall be discontinued upon construction of the substitute well or wells; (((3))) (c) the construction of an additional well or wells shall not enlarge the right conveyed by the original permit or certificate; and (((4))) (d) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit.
(2) This section does not apply to a change in use of a portion of the water governed by a ground water right that is made surplus to the beneficial uses exercised under the right through the implementation of practices or technologies, including but not limited to conveyance practices or technologies, which are more efficient or more water use efficient than those under which the right was perfected or through a change in the crops grown under the water right. RCW 90.03.380(4) and section 2 of this act apply to water made surplus as provided in this subsection.
(3) The department may not initiate relinquishment proceedings under chapter 90.14 RCW regarding a water right for which an application for a transfer or change is filed under this section for a period of two years after the date the department receives the filing.
Sec. 4. RCW 90.03.290 and 1994 c 264 s 84 are each amended to read as follows:
When an application complying with the provisions of this chapter and with the rules and regulations of the department has been filed, the same shall be placed on record with the department, and it shall be its duty to investigate the application, and determine what water, if any, is available for appropriation, and find and determine to what beneficial use or uses it can be applied. If it is proposed to appropriate water for irrigation purposes, the department shall investigate, determine and find what lands are capable of irrigation by means of water found available for appropriation. If it is proposed to appropriate water for the purpose of power development, the department shall investigate, determine and find whether the proposed development is likely to prove detrimental to the public interest, having in mind the highest feasible use of the waters belonging to the public. If the application does not contain, and the applicant does not promptly furnish sufficient information on which to base such findings, the department may issue a preliminary permit, for a period of not to exceed three years, requiring the applicant to make such surveys, investigations, studies, and progress reports, as in the opinion of the department may be necessary. If the applicant fails to comply with the conditions of the preliminary permit, it and the application or applications on which it is based shall be automatically canceled and the applicant so notified. If the holder of a preliminary permit shall, before its expiration, file with the department a verified report of expenditures made and work done under the preliminary permit, which, in the opinion of the department, establishes the good faith, intent and ability of the applicant to carry on the proposed development, the preliminary permit may, with the approval of the governor, be extended, but not to exceed a maximum period of five years from the date of the issuance of the preliminary permit. The department shall make and file as part of the record in the matter, written findings of fact concerning all things investigated, and if it shall find that there is water available for appropriation for a beneficial use, and the appropriation thereof as proposed in the application will not impair existing rights or be detrimental to the public welfare, it shall issue a permit stating the amount of water to which the applicant shall be entitled and the beneficial use or uses to which it may be applied: PROVIDED, That where the water applied for is to be used for irrigation purposes, it shall become appurtenant only to such land as may be reclaimed thereby to the full extent of the soil for agricultural purposes. But where there is no unappropriated water in the proposed source of supply, or where the proposed use conflicts with existing rights, or threatens to prove detrimental to the public interest, having due regard to the highest feasible development of the use of the waters belonging to the public, it shall be duty of the department to reject such application and to refuse to issue the permit asked for. If the permit is refused because of conflict with existing rights and such applicant shall acquire same by purchase or condemnation under RCW 90.03.040, the department may thereupon grant such permit. Any application may be approved for a less amount of water than that applied for, if there exists substantial reason therefor, and in any event shall not be approved for more water than can be applied to beneficial use for the purposes named in the application. In determining whether or not a permit shall issue upon any application, it shall be the duty of the department to investigate all facts relevant and material to the application. After the department approves said application in whole or in part and before any permit shall be issued thereon to the applicant, such applicant shall pay the fee provided in RCW 90.03.470: PROVIDED FURTHER, That in the event a permit is issued by the department upon any application, it shall be its duty to notify the director of fish and wildlife of such issuance.
This section does not apply to changes made under section 2 of this act or to applications for transfers or changes made under RCW 90.03.380 or 90.44.100.
Sec. 5. RCW 90.44.445 and 1993 c 99 s 1 are each amended to read as follows:
In any acreage expansion program adopted by the department as an element of a ground water management program, the authorization for a water right certificate holder to participate in the program shall be on an annual basis for the first two years. After the two-year period, the department may authorize participation for ten-year periods. The department may authorize participation for ten-year periods for certificate holders who have already participated in an acreage expansion program for two years. The department may require annual certification that the certificate holder has complied with all requirements of the program. The department may terminate the authority of a certificate holder to participate in the program for one calendar year if the certificate holder fails to comply with the requirements of the program.
This section applies only in an area with a ground water area or subarea management program in effect on the effective date of this section. The provisions of section 2 of this act, RCW 90.03.380, and 90.44.100 apply to transfers, changes, and amendments to permits or rights for the beneficial use of ground water in any other area."
Correct the title accordingly.
Representative Chandler spoke in favor of the adoption of the amendment.
The amendment was adopted.
With the consent of the House, amendment number 168 to Substitute House Bill No. 1775 was withdrawn.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Mulliken and Mastin spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1775.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1775, and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, G., 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.
Voting nay: Representative Fisher, R. - 1.
Excused: Representatives Blanton, Ebersole and Tokuda - 3.
Engrossed Substitute House Bill No. 1775, 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. 1231, by House Committee on Agriculture & Ecology (originally sponsored by Representatives Rust, Chandler, Valle, Cole, Mastin and Chopp)
Promoting the recycled content of products and buildings.
The bill was read the third time.
Representative Rust spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1231.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1231, and the bill passed the House by the following vote: Yeas - 81, Nays - 13, Absent - 1, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Grant, Hargrove, Hatfield, Hickel, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Kremen, Lambert, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Sommers, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Veloria, Wolfe and Mr. Speaker - 81.
Voting nay: Representatives Beeksma, Benton, Campbell, Goldsmith, Hankins, Honeyford, Koster, Lisk, Pennington, Sherstad, Smith, Stevens and Van Luven - 13.
Absent: Representative Valle - 1.
Excused: Representatives Blanton, Ebersole and Tokuda - 3.
Substitute House Bill No. 1231, having received the constitutional majority, was declared passed.
NOTICE OF RECONSIDERATION
Representative Pennington: Having previously given notice of reconsideration of Engrossed House Bill No. 1130 not move for immediately reconsideration of Engrossed House Bill No. 1130.
There being no objection, the rules were suspended, and Engrossed House Bill No. 1130 was returned to second reading for the purpose of an amendment.
ENGROSSED HOUSE BILL NO. 1130, by Representatives Crouse, Dellwo, Padden, Brown, Silver, Johnson, McMorris, Elliot, Stevens, Koster and Schoesler
Restricting the ringing of bells or sounding of whistles on locomotives.
The bill was read the second time.
Representative Crouse moved adoption of the following amendment by Representative Crouse:
On page 1, line 9, after "cities" insert "."
On page 1, beginning on line 10 strike "gated crossings located within urban areas" and insert the following:
"crossings equipped with supplemental safety measures as provided in Section 2."
On page 1 after line 12, insert the following:
"NEW SECTION. Sec. 2. (1) The legislature hereby authorizes cities and counties to enact ordinances limiting or prohibiting the sounding of locomotive horns, provided the ordinance applies only at crossings equipped with supplemental safety measures. A supplemental safety measure is a safety device defined in Public Law 103-440, section 20153 (a) (3), as that law existed on November 2, 1994. A supplemental safety measure that prevents careless movement over the crossing (e.g., as where adequate median barriers prevent movement around crossing gates extending over the full width of the lanes in a particular direction of travel), shall be deemed to conform to those standards required under P. L. 103-440 unless specifically rejected by Emergency Order issued by the U. S. Secretary of the Department of Transportation.
(2) Prior to enacting the ordinance, the cities and counties shall provide written notification to the railroad companies affected by the proposed ordinance, and to the state utilities and transportation commission, for the purpose of providing an opportunity to comment on the proposed ordinance.
(3) Nothing in this section shall be construed as limiting the state's power, guaranteed by tenth amendment to the Constitution of the United States, to enact laws necessary for the health, safety or welfare of the people of the state of Washington.
Representatives Crouse and G. Fisher spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Crouse and Appelwick spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Second Engrossed House Bill No. 1130.
ROLL CALL
The Clerk called the roll on the final passage of Second Engrossed House Bill No. 1130, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, 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, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.
Excused: Representatives Blanton, Ebersole and Tokuda - 3.
Second Engrossed House Bill No. 1130, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 8, 1995
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5182,
ENGROSSED SENATE BILL NO. 5269,
SUBSTITUTE SENATE BILL NO. 5421,
SUBSTITUTE SENATE BILL NO. 5513,
and the same are herewith transmitted.
Marty Brown, Secretary
March 9, 1995
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5521,
SUBSTITUTE SENATE BILL NO. 5628,
SUBSTITUTE SENATE BILL NO. 6026,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8020,
and the same are herewith transmitted.
Marty Brown, Secretary
March 8, 1995
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5001,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5093,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5156,
SUBSTITUTE SENATE BILL NO. 5211,
SUBSTITUTE SENATE BILL NO. 5370,
SUBSTITUTE SENATE BILL NO. 5404,
SUBSTITUTE SENATE BILL NO. 5567,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5592,
SUBSTITUTE SENATE BILL NO. 5743,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 9, 1995
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5278,
SUBSTITUTE SENATE BILL NO. 5742,
ENGROSSED SENATE BILL NO. 5837,
SUBSTITUTE SENATE BILL NO. 5947,
SENATE JOINT MEMORIAL NO. 8012,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
INTRODUCTIONS AND FIRST READING
HB 2076 by Representatives Skinner, Honeyford, Clements and K. Schmidt
AN ACT Relating to disposition of drivers' license fees; and amending RCW 46.68.041.
Referred to Committee on Transportation.
ESSB 5001 by Senate Committee on Ways & Means (originally sponsored by Senators Sheldon, Snyder, Haugen, Winsley, Quigley, Franklin, Rasmussen and Prentice)
Affecting the property taxation of senior citizens and persons retired because of physical disabilities.
Referred to Committee on Finance.
ESSB 5093 by Senate Committee on Government Operations (originally sponsored by Senators Haugen, Winsley, Rasmussen and Drew)
Changing provisions relating to fire protection.
Referred to Committee on Government Operations.
ESSB 5156 by Senate Committee on Energy, Telecommunications & Utilities (originally sponsored by Senators Sutherland, Gaspard, Sellar, Hochstatter and Loveland)
Promoting competition for long distance telecommunications.
Referred to Committee on Energy & Utilities.
SSB 5182 by Senate Committee on Government Operations (originally sponsored by Senators Haugen, Winsley, Hale, Deccio and Palmer)
Allowing county fiscal biennium budgets.
Referred to Committee on Government Operations.
SB 5202 by Senators Prentice and Hale
Lowering the number of items provided by banks for customers' examination of negotiable instruments.
Referred to Committee on Financial Institutions & Insurance.
SSB 5211 by Senate Committee on Government Operations (originally sponsored by Senators Winsley, Haugen, McCaslin, Sheldon, Drew and C. Anderson)
Revising guidelines for receipt and expenditure of federal and private funds by local governments.
Referred to Committee on Government Operations.
SB 5251 by Senators Rasmussen, Fraser, Oke, Wojahn, Franklin, Winsley, Schow, Swecker and Gaspard
Affecting the transportation authority of first class cities.
Referred to Committee on Transportation.
SB 5268 by Senators Owen, Wood and Prince
Restricting use of the department of licensing services account.
Referred to Committee on Transportation.
ESB 5269 by Senators Rasmussen, Pelz, Heavey, Winsley, Franklin, Oke and Deccio
Raising the maximum cost for raffle tickets to ten dollars.
Referred to Committee on Commerce & Labor.
SB 5275 by Senators Haugen, McCaslin and Winsley
Affecting the consolidation of cities and towns.
Referred to Committee on Government Operations.
SSB 5278 by Senate Committee on Law & Justice (originally sponsored by Senators Wojahn, Oke, Gaspard, Winsley, Franklin, Long, Rasmussen and Wood)
Revising provisions relating to awards to persons found not guilty by reason of self defense.
Referred to Committee on Law & Justice.
SSB 5370 by Senate Committee on Government Operations (originally sponsored by Senators Hale, Winsley, Haugen and Wood)
Authorizing use of credit cards by local governments.
Referred to Committee on Government Operations.
SB 5378 by Senators Haugen, Morton and Winsley; by request of Department of Community, Trade, and Economic Development
Modifying border area fund distribution.
Referred to Committee on Government Operations.
SSB 5404 by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Heavey, Deccio, Fraser, Newhouse, Kohl, Hale, Franklin, McCaslin, Palmer and Wojahn)
Creating a lien for real estate brokers.
Referred to Committee on Law & Justice.
SSB 5421 by Senate Committee on Human Services & Corrections (originally sponsored by Senator Fraser)
Modifying the definition of "vulnerable adult" for background check purposes.
Referred to Committee on Children & Family Services.
SB 5429 by Senator Haugen; by request of Insurance Commissioner
Authorizing a deputy to vote on behalf of the insurance commissioner.
Referred to Committee on Financial Institutions & Insurance.
SB 5430 by Senators Prentice and Hale; by request of Insurance Commissioner
Regulating the capital and surplus requirements of insurance companies.
Referred to Committee on Financial Institutions & Insurance.
SB 5445 by Senators Owen, Sellar and Winsley
Clarifying responsibility for abandoned vehicles.
Referred to Committee on Transportation.
SB 5488 by Senators Smith, Oke, Wood, Winsley, Long, Hale, Moyer, Deccio, Palmer, Roach, Schow, Sellar and Snyder; by request of Governor Lowry
Making domestic violence an aggravating circumstance for purposes of sentencing decisions.
Referred to Committee on Law & Justice.
SB 5510 by Senators Smith, Roach and Quigley
Revising provisions relating to food stamp crimes.
Referred to Committee on Law & Justice.
SSB 5513 by Senate Committee on Agriculture & Agricultural Trade & Development (originally sponsored by Senators Rasmussen, McAuliffe, Bauer, Morton, Snyder, Fairley, Swecker, Drew, Wood, Haugen and Roach)
Clarifying the law regarding animals sold at public sale.
Referred to Committee on Agriculture & Ecology.
SB 5520 by Senators Hargrove, Long and Franklin
Modifying placement of juveniles, specifically addressing independent living.
Referred to Committee on Children & Family Services.
SSB 5521 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Kohl and Quigley; by request of Department of Social and Health Services)
Modifying availability of child care subsidy programs.
Referred to Committee on Children & Family Services.
SSB 5567 by Senate Committee on Government Operations (originally sponsored by Senator Heavey)
Providing for preservation of single-family residential neighborhoods.
Referred to Committee on Government Operations.
ESSB 5592 by Senate Committee on Natural Resources (originally sponsored by Senators Spanel and Swecker)
Revising qualifications for coastal crab fishing licenses.
Referred to Committee on Natural Resources.
SB 5626 by Senators Winsley and Haugen; by request of Department of Community, Trade, and Economic Development
Modifying advisory council on historic preservation representation.
Referred to Committee on Government Operations.
SB 5627 by Senators Haugen and Winsley; by request of Attorney General
Concerning the proper form of certain ballot titles.
Referred to Committee on Government Operations.
SSB 5628 by Senate Committee on Law & Justice (originally sponsored by Senators Smith, McCaslin and Wojahn; by request of Attorney General)
Regulating consumer leases.
Referred to Committee on Law & Justice.
SSB 5742 by Senate Committee on Education (originally sponsored by Senators Rasmussen, Hochstatter, McAuliffe and Loveland)
Establishing the Washington state vocational agriculture teacher recruitment program.
Referred to Committee on Education.
SSB 5743 by Senate Committee on Education (originally sponsored by Senators Rasmussen, Hochstatter and Loveland)
Establishing a pilot program to develop an integrated vocational agricultural educational program.
Referred to Committee on Education.
ESB 5837 by Senators Snyder, Gaspard, Haugen and Spanel
Removing the requirement for senate confirmation of certain gubernatorial appointments.
Referred to Committee on Government Operations.
Permitting the exchange of state park lands within the Seashore Conservation Area.
Referred to Committee on Natural Resources.
SB 5898 by Senators Rasmussen, West, Loveland, Newhouse, Bauer and Morton
Providing that research studies for alternatives to grass burning be conducted by Washington State University.
Referred to Committee on Agriculture & Ecology.
SB 5931 by Senators Prentice and Hale
Providing parity among financial institutions.
Referred to Committee on Financial Institutions & Insurance.
SSB 5947 by Senate Committee on Ways & Means (originally sponsored by Senators Bauer, Kohl, Moyer, Palmer, Prince, Sheldon, Gaspard, Snyder, Drew, Sutherland and Winsley; by request of State Board for Community and Technical Colleges)
Providing a specific funding mechanism for making additional community and technical college faculty salary increment awards.
Referred to Committee on Appropriations.
SB 6004 by Senators Sellar and Oke
Authorizing joint agreements between cities and counties for criminal justice purposes.
Referred to Committee on Government Operations.
SB 6020 by Senators Prentice, Fraser, Sellar and Sutherland
Educating consumers about insurance products.
Referred to Committee on Financial Institutions & Insurance.
SSB 6026 by Senate Committee on Agriculture & Agricultural Trade & Development (originally sponsored by Senators Rasmussen, Loveland, A. Anderson, Morton, Bauer, Snyder, Newhouse, Winsley and Kohl)
Using "Washington state grown" for agricultural commodities.
Referred to Committee on Agriculture & Ecology.
SJM 8012 by Senators Newhouse, Heavey, Deccio, Hale, Palmer, Franklin, Fraser, Prentice, Prince and Oke; by request of Joint Task Force on Unemployment Insurance
Requesting that unemployment benefits be removed from the IRS definition of taxable income.
Referred to Committee on Commerce & Labor.
SSJM 8020 by Senate Committee on Ecology & Parks (originally sponsored by Senators Loveland, Hale, Rasmussen, A. Anderson, Newhouse, Bauer, Snyder, Morton, Sutherland, Finkbeiner, Hochstatter, Owen, Hargrove, Rinehart, Spanel, Drew, Sheldon, Fraser, Sellar and McDonald)
Concerning federal funds for the cleanup of the Hanford waste disposal site.
Referred to Committee on Agriculture & Ecology.
MOTION
On motion of Representative Foreman, the bills and memorials 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 eleventh order of business.
MOTION
On motion of Representative Foreman, the House adjourned until 9:00 a.m., Friday, March 10, 1995.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk