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THIRTY-SIXTH DAY

__________


MORNING SESSION

__________


House Chamber, Olympia, Monday, February 12, 1996


             The House was called to order at 9:00 a.m. by the Speaker (Representative Blanton 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 Andrew Gerla and Sariah States. Prayer was offered by Pastor Steve Van Vleck, Evergreen Community Church, Ferndale.


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


             Representative Horn assumed the chair.


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


SECOND READING


             HOUSE BILL NO. 2721, by Representatives Beeksma, Quall, McMorris, Brumsickle, Mulliken, Pelesky, Hymes, Talcott, B. Thomas, Stevens, Huff, Silver, McMahan, Sherstad, Cooke, Blanton, Thompson, Elliot and Costa

 

Authorizing advertising on school buses.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2721 was substituted for House Bill No. 2721 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2721 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 Beeksma and Brumsickle spoke in favor of passage of the bill.


             Representatives Cole and Hatfield spoke against passage of the bill.


MOTION


             On motion of Representative Kessler, Representatives Appelwick, Basich, Tokuda and Morris were excused.


MOTION


             On motion of Representative Talcott, Representatives Chandler, Elliot, Fuhrman, Koster, Reams, Skinner, Silver and K. Schmidt were excused.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 2721.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2721 and the bill passed the House by the following vote: Yeas - 66, Nays - 24, Absent - 0, Excused - 8.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Clements, Conway, Cooke, Costa, Crouse, Delvin, Dyer, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Ogden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Robertson, Schmidt, D., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wolfe and Mr. Speaker - 66.

             Voting nay: Representatives Brown, Chappell, Chopp, Cody, Cole, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Linville, Mason, Murray, Patterson, Regala, Romero, Rust, Scheuerman, Sheldon, Tokuda, Valle and Veloria - 24.

             Excused: Representatives Appelwick, Basich, Chandler, Elliot, Reams, Schmidt, K., Silver and Skinner - 8.


             Substitute House Bill No. 2721, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2723, by Representatives Chandler and Chappell

 

Regulating agricultural activities.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2723 was substituted for House Bill No. 2723 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2723 was read the second time.


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


             On page 2, beginning on line 6, after "; and" strike all material through "operations," on line 7 and insert "practices"

             On page 2, line 11, after "market." insert "For the purposes of subsection (1) of this section, "agriculture" does not mean forestry or lumbering operations, whether such operations are or are not incidental to or conducted in conjunctions with farming operations."


             Representatives Regala and Koster spoke in favor of 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 Koster and Chappell spoke in favor of passage of the bill.


             Representative Rust spoke against passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2723.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2723 and the bill passed the House by the following vote: Yeas - 67, Nays - 25, Absent - 0, Excused - 6.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Pelesky, Pennington, Quall, Radcliff, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 67.

             Voting nay: Representatives Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Jacobsen, Keiser, Mason, Murray, Ogden, Patterson, Poulsen, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 25.

             Excused: Representatives Appelwick, Basich, Elliot, Reams, Silver and Skinner - 6.


             Engrossed Substitute House Bill No. 2723, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Engrossed Substitute House Bill No. 2723.


IAN ELLIOT, 1st District


             HOUSE BILL NO. 2739, by Representatives L. Thomas, Pelesky, Benton, Huff, Dyer, D. Sommers, Dellwo, Blanton, Grant, Kessler, Hankins and Scheuerman

 

Dissolving the credit union share guaranty association.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2739 was substituted for House Bill No. 2739 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2739 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 (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 2739.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2739 and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 92.

             Excused: Representatives Appelwick, Basich, Elliot, Reams, Silver and Skinner - 6.


             Substitute House Bill No. 2739, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Substitute House Bill No. 2739.


IAN ELLIOT, 1st District


             HOUSE BILL NO. 2743, by Representatives Honeyford, Backlund, Silver and Lisk

 

Revising requirements for retired active licenses for health care practitioners.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2743 was substituted for House Bill No. 2743 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2743 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 Honeyford and Cody 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. 2743.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2743 and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 92.

             Excused: Representatives Appelwick, Basich, Elliot, Reams, Silver and Skinner - 6.


             Substitute House Bill No. 2743, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


              I intended to vote YEA on Substitute House Bill No. 2743.


IAN ELLIOT, 1st District


             There being no objection, the House deferred consideration of House Bill No. 2745, House Bill No. 2747 and House Bill No. 2748 and the bills held their place on the second reading calendar.


             HOUSE BILL NO. 2778, by Representatives Mastin, Chappell, Chandler, Honeyford, Foreman, Mulliken, Lisk, Clements, Sheldon and Thompson; by request of Department of Health and Department of Agriculture

 

Providing sales and use tax exemptions for farmworker housing.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2778

 was substituted for House Bill No. 2778 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2778 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 Mastin and Chappell 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. 2778.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2778 and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 92.

             Excused: Representatives Appelwick, Basich, Elliot, Reams, Silver and Skinner - 6.


             Substitute House Bill No. 2778, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of House Bill No. 2785 and the bill held it's place on the second reading calendar.


             HOUSE BILL NO. 2789, by Representatives Van Luven, Sheldon, Schoesler, Morris, Silver, Ogden, Thompson, Blanton, Patterson, Tokuda, Romero, Conway, Cole and Poulsen; by request of Governor Lowry

 

Simplifying tax reporting and registration requirements for small businesses.


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


             Representatives Van Luven and Sheldon 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. 2789.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2789 and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 92.

             Excused: Representatives Appelwick, Basich, Elliot, Reams, Silver and Skinner - 6.


             House Bill No. 2789, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on House Bill No. 2789.


IAN ELLIOT, 1st District


             HOUSE BILL NO. 2822, by Representatives Honeyford, Benton, Boldt, Mastin, Scott, Schoesler, Lisk, Sheldon, Elliot and Mulliken

 

Limiting Columbia River Gorge commission authority to prohibit property development.


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


             Representatives Honeyford, Benton and Boldt spoke in favor of passage of the bill.


             Representatives Rust, Appelwick and Jacobsen spoke against passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 2822.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2822 and the bill passed the House by the following vote: Yeas - 57, Nays - 37, Absent - 0, Excused - 4.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Radcliff, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 57.

             Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Dyer, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Mastin, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Thomas, B., Tokuda, Valle, Veloria and Wolfe - 37.

             Excused: Representatives Basich, Reams, Silver and Skinner - 4.


             House Bill No. 2822, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of House Bill No. 2853 and the bill held it's place on the second reading calendar.


             There being no objection, House Bill No. 2874 was referred to the Rules Committee.


             HOUSE BILL NO. 2875, by Representative Chandler

 

Changing water quality provisions.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2875 was substituted for House Bill No. 2875 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2875 was read the second time.


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


             On page 2, beginning on line 17, after "agencies" strike all material through "Sound" on line 19, and insert "by establishing a biennial work plan that clearly delineates state and local actions necessary to protect and restore the biological health and diversity of Puget Sound. It is further the policy of the state to implement the Puget Sound water quality management plan to the maximum extent possible"


             On page 2, after line 28, insert the following:

             "(4) "Work plan" means the work plan and budget developed by the action team."


             Representative Sehlin spoke in favor of adoption of the amendment.


             The amendment was adopted.


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


             On page 2, line 23, after "(1)" insert ""Action team" means the Puget Sound water quality action team.

             (2)"


             On page 2, at the beginning of line 25, strike all material through "team."


             On page 2, line 28, after "by the" strike "management" and insert "action"


             On page 2, line 29, after "SOUND" strike "MANAGEMENT" and insert "ACTION"


             On page 2, line 30, after "Sound" strike "management" and insert "action"


             On page 2, line 30, after "The" strike "management" and insert "action"


             On page 3, line 1, after "chair of the" strike "management" and insert "action"


             On page 3, line 3, after "(2) The" strike "management" and insert "action"


             On page 3, line 5, after "plan, the" strike "management" and insert "action"


             On page 3, line 21, after "of the" strike "management" and insert "action"


             On page 3, line 27, after "on the" strike "management" and insert "action"


             On page 3, at the beginning of line 30, strike "management" and insert "action"


             On page 3, line 32, after "1996, the" strike "management" and insert "action"


             On page 3, at the beginning of line 37, strike "management" and insert "action"


             On page 4, at the beginning of line 24, strike "management" and insert "action"


             On page 5, line 20, after "for the" strike "management" and insert "action"


             On page 5, line 27, after "((authority))" strike "management" and insert "action"


             On page 6, at the beginning of line 9, strike "management" and insert "action"


             On page 6, line 13, after "and the" strike "management" and insert "action"


             On page 6, line 22, after "by the" strike "management" and insert "action"


             On page 6, line 22, after "The" strike "management" and insert "action"


             On page 6, line 34, after "by the" strike "management" and insert "action"


             On page 6, at the beginning of line 35, strike "management" and insert "action"


             On page 7, at the beginning of line 19, after "the" strike "management" and insert "action"


             On page 7, line 21, after "The" strike "management" and insert "action"


             On page 7, line 24, after "to the" strike "management" and insert "action"


             On page 7, line 26, after "mechanism, the" strike "management" and insert "action"


             On page 7, line 28, after "The" strike "management" and insert "action"


             On page 7, line 31, after "The" strike "management" and insert "action"


             On page 7, line 33, after "The" strike "management" and insert "action"


             On page 8, line 4, after "Sound" strike "management" and insert "water quality action"


             On page 8, line 8, after "Sound" strike "management" and insert "water quality action"


             On page 9, line 9, after "Sound" strike "management" and insert "water quality action"


             On page 9, line 18, after "Sound" strike "management" and insert "water quality action"


             On page 9, line 23, after "Sound" strike "management" and insert "water quality action"


             On page 10, line 23, after "Sound" strike "management" and insert "water quality action"


             On page 11, line 31, after "Sound" strike "management" and insert "water quality action"


             On page 12, line 18, after "Sound" strike "management" and insert "water quality action"


             On page 13, line 19, after "Sound" strike "management" and insert "water quality action"


             On page 13, line 25, after "Sound" strike "management" and insert "water quality action"


             On page 13, line 30, after "Sound" strike "management" and insert "water quality action"


             On page 15, line 31, after "Sound" strike "management" and insert "water quality action"


             Representative Hickel spoke in favor of adoption of the amendment.


             The amendment was adopted.


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


             On page 3, beginning on line 7, after "management plan" strike all material through "prioritize" on line 8 and insert "to prioritize local and state"


             On page 4, line 25, after "budget." insert "The work plan shall prescribe the necessary federal, state, and local actions to maintain and enhance Puget Sound water quality, including but not limited to, enhancement of recreational opportunities, and restoration of a balanced population of indigenous shellfish, fish, and wildlife."


             On page 4, line 28, after "Identify" strike all material through "implement the" and insert "and prioritize the local and state"


             On page 5, beginning on line 16, after "funds to" strike all material through "manner" on line 17, and insert "assist local jurisdictions to implement elements of the work plan assigned to local governments, and to develop and implement local plans. Issuance of grants and loans to local jurisdictions shall be"


             Representative Mitchell spoke in favor of adoption of the amendment.


             The amendment was adopted.


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


             On page 3, after line 34, insert the following:

             "(4) All proceedings of the action team are subject to the open public meetings act under chapter 42.30 RCW."


             Representative Ballasiotes spoke in favor of adoption of the amendment.


             The amendment was adopted.


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


             On page 4, line 18, after "activities" insert "and a breakdown of the costs of each activity, by geographic area"


             On page 5, after line 23, insert the following:

             "(4) The work plan shall be implemented consistent with the legislative provisos of the biennial appropriation acts."


             Representative Blanton spoke in favor of adoption of the amendment.


             The amendment was adopted.


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


             On page 6, after line 19, insert the following:


             "NEW SECTION. Sec. 1. ADVISORY COMMITTEE--PUBLIC PARTICIPATION. (1) The chair of the action team shall establish a Puget Sound water quality council to make recommendations on the development of the work plan. In making appointments, the chair shall seek to include balanced representation of all interested parties, including local governments, business, labor, citizens' groups such as environmental and public interest organizations, agricultural interests, recreational interests, and the fisheries and shellfish industries. Membership in the council shall be limited to a manageable number, not to exceed twenty-one. The council shall not include representation from any state agency.

             (2) The chair of the action team shall also solicit participation by the public in the development of the work plan through public hearings."


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


             Representative Mitchell spoke in favor of adoption of the amendment.


             The amendment was adopted.


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


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 43.131.369 and 1990 c 115 s 11 are each amended to read as follows:

             The Puget Sound water quality authority and its powers and duties shall be terminated on June 30, ((1995)) 1997, as provided in RCW 43.131.370.


             Sec. 2. RCW 43.131.370 and 1990 c 115 s 12 are each amended to read as follows:

             The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((1996)) 1998:

             (1) Section 1, chapter 451, Laws of 1985 and RCW 90.70.001;

             (2) Section 2, chapter 451, Laws of 1985 and RCW 90.70.005;

             (3) Section 3, chapter 451, Laws of 1985, section 2, chapter 115, Laws of 1990 and RCW 90.70.011;

             (4) Section 5, chapter 451, Laws of 1985 and RCW 90.70.025;

             (5) Section 6, chapter 451, Laws of 1985 and RCW 90.70.035;

             (6) Section 7, chapter 451, Laws of 1985, section 72, chapter 36, Laws of 1988, section 3, chapter 115, Laws of 1990 and RCW 90.70.045;

             (7) Section 4, chapter 451, Laws of 1985, section 4, chapter 115, Laws of 1990 and RCW 90.70.055;

             (8) Section 8, chapter 451, Laws of 1985, section 31, chapter 11, Laws of 1989, section 5, chapter 115, Laws of 1990 and RCW 90.70.060;

             (9) Section 9, chapter 451, Laws of 1985, section 6, chapter 115, Laws of 1990 and RCW 90.70.070;

             (10) Section 10, chapter 451, Laws of 1985, section 7, chapter 115, Laws of 1990 and RCW 90.70.080; and

             (11) Section 14, chapter 451, Laws of 1985 and RCW 90.70.901.


             NEW SECTION. Sec. 3. A new section is added to chapter 44.28 RCW to read as follows:

             (1) The legislative budget committee shall conduct a study for the purpose of making recommendations on the organizational structure that is most suitable for implementing the Puget Sound water quality management plan. In conducting its study, the committee shall compare the Puget Sound water quality authority and the interagency structure established under Substitute House Bill No. 2875 (H-4768.6/96). The study shall evaluate and recommend the organizational structure that is most appropriate to accomplish the following:

             (a) Provide cost-effective implementation of the Puget Sound management plan;

             (b) Coordinate agency activities required under the plan;

             (c) Provide an effective public outreach and education program;

             (d) Maintain a long-term commitment to protect and restore Puget Sound; and

             (e) Provide an experienced staff, capable of providing oversight of plan implementation.

             (2) The legislative budget committee shall report to the appropriate committees of the legislature the results of the study conducted under subsection (1) of this section by June 30, 1997.

             (3) This section shall expire June 30, 1998."


             On page 1, line 1 of the title, after "quality;" strike the remainder of the title and insert "amending RCW 43.131.369 and 43.131.370; adding a new section to chapter 44.28 RCW; and providing an expiration date."


             Representatives Chappell, Linville and Johnson spoke in favor of adoption of the amendment.


             Representatives Chandler, Regala and Mitchell spoke against adoption of the amendment.


             Representative Hatfield 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. 2875 and the amendment was not adopted by the following vote: Yeas - 41, Nays - 54, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Brown, Campbell, Casada, Chappell, Chopp, Clements, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Dyer, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Reams, Regala, Romero, Rust, Scheuerman, Scott, Smith, Sommers, H., Thomas, B., Tokuda, Valle, Veloria and Wolfe - 41.

             Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Chandler, Cooke, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Radcliff, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Sommers, D., Sterk, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 54.

             Excused: Representatives Basich, Silver and Skinner - 3.


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


             On page 6, after line 19, insert the following:


             "NEW SECTION. Sec. 1. LOCAL PLANS. (1) Local governments are required to implement local elements of the work plan subject to the availability of appropriated funds or other funding sources.

             (2) The action team shall review the progress of local governments regarding the timely implementation of local elements of the work plan. Where prescribed actions have not been accomplished in accordance with the work plan, the responsible local government shall, at the request of the action team, submit written explanations for the shortfalls, together with the local government's proposed remedies, to the action team."


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


             On page 7, line 36, after "efficiencies;" strike "and"


             On page 7, line 38, after "contributions" insert "; and

             (d) Give priority to counties that exercise their authority under RCW 36.94.020 as amended by chapter . . ., Laws of 1996 (Second Substitute Senate Bill No. 5247) to consolidate and coordinate their water pollution activities under a sewerage and/or water general plan"


             Representative Cooke spoke in favor of adoption of the amendment.


             The amendment was adopted.


             With the consent of the House, amendment number 205 to Substitute House Bill No. 2875 was withdrawn.


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


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that since its creation in 1985, the Puget Sound water quality authority has been largely successful in adopting a comprehensive management plan for the restoration and long-term protection of Puget Sound, which is the principal guiding document for the coordination and strengthening of programs by local governments, the private sector, and federal and state agencies. The authority has continually revised the plan to reflect new information regarding the water quality and other environmental conditions of Puget Sound, and to respond to changing state and federal funding and programmatic requirements. The legislature finds that increased emphasis should now be placed upon implementing the plan, upon assisting those primarily responsible for implementing the plan, upon the long-term monitoring of Puget Sound's environmental conditions, and upon measuring progress in the overall implementation of the management plan.


             Sec. 2. RCW 90.70.001 and 1985 c 451 s 1 are each amended to read as follows:

             The legislature finds that Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, composing an interdependent, sensitive communal ecosystem reside in these sheltered waters. Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics and other activities, all of which to some degree depend upon a clean and healthy marine resource.

              ((The legislature further finds that the consequences of careless husbanding of this resource have been dramatically illustrated in inland waterways associated with older and more extensively developed areas of the nation. Recent reports concerning degradation of water quality within this region's urban embayments raise alarming possibilities of similar despoliation of Puget Sound and other state waterways. These examples emphasize that the costs of restoration of aquatic resources, where such restoration is possible, greatly exceed the costs of responsible preservation.))

             The legislature declares that utilization of the Puget Sound resource carries a custodial obligation for preserving it. The people of the state have the unique opportunity to preserve this gift of nature, an understanding of the results of inattentive stewardship, the technical knowledge needed for control of degradation of Puget Sound, and the obligation to undertake such control.

             The legislature further finds that the large number of governmental entities that now affect the ((water quality)) health of Puget Sound have diverse interests and limited jurisdictions which cannot adequately address the cumulative, wide-ranging impacts which contribute to the degradation of Puget Sound. In accordance with the purpose of chapter 403, Laws of 1995, the regulatory reform act of 1995, governments at all levels should better coordinate their efforts to avoid confusing and frustrating the public with overlapping or contradictory requirements. Greater water quality protection in Puget Sound can be achieved by establishing a cooperative partnership between public and private entities and state agencies that emphasizes technical assistance, education, incentives, and dispute resolution. It is therefore the policy of the state of Washington to create a single entity with adequate resources to develop and maintain a comprehensive plan for water quality protection in Puget Sound ((to be implemented by existing state and local government agencies)) and to assist state and local governments, citizens, and the private sector in implementing that plan.


             Sec. 3. RCW 90.70.011 and 1990 c 115 s 2 are each amended to read as follows:

             (1) There is established the Puget Sound water quality authority composed of eleven members. Nine members shall be appointed by the governor and confirmed by the senate. In addition, the commissioner of public lands or the commissioner's designee and the director of ecology or the director's designee shall serve as ex officio members. Three of the members shall include a representative from the counties, a representative from the cities, and a tribal representative. The director of ecology shall be chair of the authority. In making these appointments, the governor shall seek to include representation of the variety of interested parties concerned about Puget Sound water quality, including representation from the business and environmental communities. Appointments shall reflect the geographic balance and diversity of population within the Puget Sound basin. ((Of the appointed members, at least one shall be selected from each of the six congressional districts surrounding Puget Sound.)) Members shall serve four-year terms. ((Of the initial members appointed to the authority, two shall serve for two years, two shall serve for three years, and two shall serve for four years. Thereafter members shall be appointed to four-year terms. Members representing cities, counties, and the tribes shall also serve four-year staggered terms, as determined by the governor.)) Vacancies shall be filled by appointment for the remainder of the unexpired term of the position being vacated. The executive director of the authority shall be selected by the governor and shall serve at the pleasure of the governor. The executive director shall not be a member of the authority.

             (2) Members shall be compensated as provided in RCW 43.03.250. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

             (3) The executive director of the authority shall be a full-time employee responsible for the administration of all functions of the authority, including hiring and terminating staff, budget preparation, contracting, coordinating with the governor, the legislature, and other state and local entities, and the delegation of responsibilities as deemed appropriate. The salary of the executive director shall be fixed by the governor, subject to RCW 43.03.040.

             (4) ((The authority shall prepare a budget and a work plan.

             (5))) Not more than four employees of the authority may be exempt from the provisions of chapter 41.06 RCW.

             (((6))) (5) The executive director and staff of the authority shall be located in the Olympia area, as space becomes available. The department of general administration shall house the authority within the department of ecology.


             Sec. 4. RCW 90.70.055 and 1990 c 115 s 4 are each amended to read as follows:

             The authority shall:

             (1) Prepare ((and)),adopt, and revise a comprehensive Puget Sound water quality management plan, as defined in RCW 90.70.060, and a strategy for implementing the plan. In preparing the plan and any substantial revisions to the plan, the authority shall consult with its advisory committee or committees and appropriate federal, state, ((and)) local, and private agencies. The authority shall also solicit extensive participation by the public by whatever means it finds appropriate, including public hearings throughout communities bordering or near Puget Sound, dissemination of information through the news media, public notices, and mailing lists, and the organization of workshops, conferences, and seminars;

             (2) ((During the plan's initial development and any subsequent revisions, submit annual progress reports on plan revisions and implementation to the governor and the legislature.

             (3) Submit the plan to the governor and the legislature no later than January 1, 1987. The authority shall)) Review, revise, and submit the plan to the governor and appropriate committees of the legislature at least every ((four)) six years ((and revise the plan, as deemed appropriate, and shall submit the plan by July 1, 1994, and every four years thereafter));

             (((4))) (3) Prepare a biennial "state of the Sound" report and submit such report to the governor, the legislature, and the state agencies and local governments identified in the plan((. Copies of the report shall be made available to the public. The report shall describe the current condition of water quality and related resources in Puget Sound and shall include:

             (a) The status and condition of the resources of Puget Sound, including the results of ecological monitoring, including an assessment of the economic value of Puget Sound;

             (b) Current and foreseeable trends in water quality of Puget Sound and the management of its resources;

             (c) Review of significant public and private activities affecting Puget Sound and an assessment of whether such activities are consistent with the plan; and

             (d) Recommendations to the governor, the legislature, and appropriate state and local agencies for actions needed to remedy any deficiencies in current policies, plans, programs, or activities relating to the water quality of Puget Sound, and recommendations concerning changes necessary to protect and improve Puget Sound water quality)); ((and

             (5))) (4) Review the status of plan implementation efforts, including review of Puget Sound related budgets and regulatory and enforcement activities of state agencies with responsibilities for water quality and related resources in Puget Sound;

             (5) Collect, disseminate, and make available scientific information and research on Puget Sound;

             (6) Develop materials, programs, and projects to educate and assist private citizens and enterprises concerning how they can protect Puget Sound, including but not limited to managing a public involvement and education fund;

             (7) Provide technical assistance to state, local, and federal agencies identified in the plan in designing, funding, and implementing water quality programs and projects;

             (8) Advocate for flexibility in federal and state regulatory requirements to facilitate private and local strategies to improve the health of Puget Sound;

             (9) Provide dispute resolution and mediation between public agencies and between public and private entities to achieve coordinated and cost-effective implementation of the plan;

             (10) Develop performance measures that will gauge progress in implementing the plan and in protecting Puget Sound;

             (11) Set priorities for implementation of plan elements to facilitate executive and legislative decision making.


             Sec. 5. RCW 90.70.060 and 1990 c 115 s 5 are each amended to read as follows:

             The plan adopted by the authority shall be a positive document prescribing the needed actions for the maintenance and enhancement of Puget Sound water quality. The plan shall address all the waters of Puget Sound, the Strait of Juan de Fuca, and, to the extent that they affect water quality in Puget Sound, all waters flowing into Puget Sound, and adjacent lands. The authority may define specific geographic boundaries within which the plan applies. The plan shall coordinate and incorporate existing planning and research efforts of state agencies and local government related to Puget Sound, and shall avoid duplication of existing efforts. ((The plan shall include:

             (1) A statement of the goals and objectives for long and short-term management of the water quality of Puget Sound;

             (2) A resource assessment which identifies critically sensitive areas, key characteristics, and other factors which lead to an understanding of Puget Sound as an ecosystem;

             (3) Demographic information and assessment as relates to future water quality impacts on Puget Sound;

             (4) An identification and legal analysis of all existing laws governing actions of government entities which may affect water quality management of Puget Sound, the interrelationships of those laws, and the effect of those laws on implementation of the provisions of the plan;

             (5) Review and assessment of existing criteria and guidelines for governmental activities affecting Puget Sound's resources, including shoreline resources, aquatic resources, associated watersheds, recreational resources and commercial resources;

             (6) Identification of research needs and priorities;

             (7) Recommendations for guidelines, standards, and timetables for protection and clean-up activities and the establishment of priorities for major clean-up investments and nonpoint source management, and the projected costs of such priorities;

             (8) A procedure assuring local government initiated planning for Puget Sound water quality protection;

             (9) Ways to better coordinate federal, state, and local planning and management activities affecting Puget Sound's water quality;

             (10) Public involvement strategies, including household hazardous waste education, community clean-up efforts, and public participation in developing and implementing the plan;

             (11) Recommendations on protecting, preserving and, where possible, restoring wetlands and wildlife habitat and shellfish beds throughout Puget Sound;

             (12) Recommendations for a comprehensive water quality and sediment monitoring program;

             (13) Analysis of current industrial pretreatment programs for toxic wastes, and procedures and enforcement measures needed to enhance them;

             (14) Recommendations for a program of dredge spoil disposal, including interim measures for disposal and storage of dredge spoil material from or into Puget Sound;

             (15) Definition of major public actions subject to review and comment by the authority because of a significant impact on Puget Sound water quality and related resources, and development of criteria for review thereof;

             (16) Recommendations for implementation mechanisms to be used by state and local government agencies;

             (17) Standards and procedures for reporting progress by state and local governments in the implementation of the plan;

             (18) An analysis of resource requirements and funding mechanisms for updating of the plan and plan implementation; and

             (19) Legislation needed to assure plan implementation.))

             The authority shall circulate and receive comments on drafts of the plan mandated herein, and keep a record of all relevant comments made at public hearings and in writing. These records should be made easily available to interested persons.

             ((As part of the plan, the authority shall prepare a strategy for implementing the plan that includes, but is not limited to: (a) Setting priorities for implementation of plan elements to facilitate executive and legislative decision making; (b) assessment of the capabilities and constraints, both internal and external to state and local government, that may affect plan implementation; and (c) an analysis of the strategic options in light of the resources available to the state. In developing this strategy, the authority shall consult and coordinate with other related environmental planning efforts.))


             Sec. 6. RCW 90.70.065 and 1995 c 269 s 3501 are each amended to read as follows:

             (1) In addition to other powers and duties specified in this chapter, the authority shall ensure implementation and coordination of the Puget Sound ambient monitoring program established in the 1994 Puget Sound water quality management plan ((under RCW 90.70.060(12). The program shall:

             (a) Develop a baseline and examine differences among areas of Puget Sound, for environmental conditions, natural resources, and contaminants in seafood, against which future changes can be measured;

             (b) Take measurements relating to specific program elements identified in the plan;

             (c) Measure the progress of the ambient monitoring programs implemented under the plan;

             (d) Provide a permanent record of significant natural and human-caused changes in key environmental indicators in Puget Sound; and

             (e) Help support research on Puget Sound)) as it exists June 30, 1996, and as subsequently amended by the authority.

             (2) Each state agency with responsibilities for implementing the Puget Sound ambient monitoring program, as specified in the plan, shall participate in the program.


             Sec. 7. RCW 90.70.902 and 1990 c 115 s 13 are each amended to read as follows:

             Nothing in RCW 43.131.370 shall affect the implementation and requirements of the Puget Sound water quality management plan existing on June 30, ((1995)), 2002 or such other effective date of repeal of the laws referenced in RCW 43.131.370. The implementation of the plan on and after that date shall be the responsibility of such entities as are provided by the legislature.


             Sec. 8. RCW 43.131.369 and 1990 c 115 s 11 are each amended to read as follows:

             The Puget Sound water quality authority and its powers and duties shall be terminated on June 30, ((1995)) 2002, as provided in RCW 43.131.370.


             Sec. 9. RCW 43.131.370 and 1990 c 115 s 12 are each amended to read as follows:

             The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((1996)) 2003:

             (1) Section 1, chapter 451, Laws of 1985 and RCW 90.70.001;

             (2) Section 2, chapter 451, Laws of 1985 and RCW 90.70.005;

             (3) Section 3, chapter 451, Laws of 1985, section 2, chapter 115, Laws of 1990 and RCW 90.70.011;

             (4) Section 5, chapter 451, Laws of 1985 and RCW 90.70.025;

             (5) Section 6, chapter 451, Laws of 1985 and RCW 90.70.035;

             (6) Section 7, chapter 451, Laws of 1985, section 72, chapter 36, Laws of 1988, section 3, chapter 115, Laws of 1990 and RCW 90.70.045;

             (7) Section 4, chapter 451, Laws of 1985, section 4, chapter 115, Laws of 1990 and RCW 90.70.055;

             (8) Section 8, chapter 451, Laws of 1985, section 31, chapter 11, Laws of 1989, section 5, chapter 115, Laws of 1990 and RCW 90.70.060;

             (9) Section 9, chapter 451, Laws of 1985, section 6, chapter 115, Laws of 1990 and RCW 90.70.070;

             (10) Section 10, chapter 451, Laws of 1985, section 7, chapter 115, Laws of 1990 and RCW 90.70.080; and

             (11) Section 14, chapter 451, Laws of 1985 and RCW 90.70.901.


             NEW SECTION. Sec. 10. The following acts or parts of acts are each repealed:

             (1) RCW 90.70.027 and 1992 c 63 s 15;

             (2) RCW 90.70.035 and 1985 c 451 s 6;

             (3) RCW 90.70.045 and 1994 c 264 s 97, 1990 c 115 s 3, 1988 c 36 s 72, & 1985 c 451 s 7;

             (4) RCW 90.70.075 and 1990 c 115 s 10;

             (5) RCW 90.70.080 and 1990 c 115 s 7 & 1985 c 451 s 10;

             (6) RCW 90.70.090 and 1990 c 115 s 8; and

             (7) RCW 90.70.100 and 1991 c 200 s 502.


             NEW SECTION. Sec. 11. This act shall take effect June 30, 1996.


             On page 1, line 1 of the title, after "quality;" strike the remainder of the title and insert "amending RCW 90.70.001, 90.70.011, 90.70.055, 90.70.060, 90.70.065, 90.70.902, 43.131.369, and 43.131.370; creating a new section; repealing RCW 90.70.027, 90.70.035, 90.70.045, 90.70.075, 90.70.080, 90.70.090, and 90.70.100; and providing an effective date."


             Representative Linville moved the adoption of the following amendment to the amendment by Representative Linville:


             On page 3, line 8 of the amendment, after "business" insert ", agricultural,"


             Representatives Linville and Chandler spoke in favor of adoption of the amendment to the amendment.


             The amendment was adopted.


             Representatives Romero and Rust spoke in favor of adoption of the amendment as amended.


             Representatives Chandler and Mastin spoke against adoption of the amendment as amended.


             Representative Hatfield 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 on page 3, line 8, to Substitute House Bill No. 2875 and the amendment was not adopted by the following vote: Yeas - 40, Nays - 55, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Brown, Campbell, Casada, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Dyer, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Reams, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Thomas, B., Tokuda, Valle, Veloria and Wolfe - 40.

             Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Chandler, Clements, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Radcliff, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 55.

             Excused: Representatives Basich, Silver and Skinner - 3.


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


             Representatives Chandler, Mitchell, Reams, Cooke, Sheldon, Elliot and Casada spoke in favor of passage of the bill.


             Representatives Romero, Chappell, Brown, Rust, Linville, Ogden and Conway spoke against passage of the bill.


             Representative Dellwo demanded the previous question and the demand was sustained.


             The bill was ordered engrossed.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2875.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2875 and the bill passed the House by the following vote: Yeas - 59, Nays - 36, Absent - 0, Excused - 3.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 59.

             Voting nay: Representatives Appelwick, Brown, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Dyer, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 36.

             Excused: Representatives Basich, Silver and Skinner - 3.


             Engrossed Substitute House Bill No. 2875, having received the constitutional majority, was declared passed.


             There being no objection, all bills passed today was immediately transmitted to the Senate.


             The Speaker (Representative Horn presiding) declared the House to be at ease.


             The Speaker called the House to order.


MESSAGE FROM THE SENATE


February 9, 1996


Mr. Speaker:


             The Senate has passed:


THIRD SUBSTITUTE SENATE BILL NO. 5476,

SUBSTITUTE SENATE BILL NO. 6097,

SUBSTITUTE SENATE BILL NO. 6109,

SENATE BILL NO. 6283,

SUBSTITUTE SENATE BILL NO. 6430,

SUBSTITUTE SENATE BILL NO. 6513,

SUBSTITUTE SENATE BILL NO. 6522,

SUBSTITUTE SENATE BILL NO. 6579,

SUBSTITUTE SENATE BILL NO. 6583,

ENGROSSED SENATE BILL NO. 6621,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6667,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6705,

SENATE BILL NO. 6720,


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


February 9, 1996


Mr. Speaker:


             The Senate has passed:


SECOND SUBSTITUTE SENATE BILL NO. 5175,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5375,

SECOND SUBSTITUTE SENATE BILL NO. 5841,

SENATE BILL NO. 6098,

SENATE BILL NO. 6099,

SENATE BILL NO. 6100,

SUBSTITUTE SENATE BILL NO. 6119,

SENATE BILL NO. 6147,

SENATE BILL NO. 6177,

SUBSTITUTE SENATE BILL NO. 6180,

SUBSTITUTE SENATE BILL NO. 6189,

SUBSTITUTE SENATE BILL NO. 6206,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6207,

SUBSTITUTE SENATE BILL NO. 6229,

SUBSTITUTE SENATE BILL NO. 6235,

SUBSTITUTE SENATE BILL NO. 6239,

SECOND SUBSTITUTE SENATE BILL NO. 6260,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6266,

SUBSTITUTE SENATE BILL NO. 6274,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6299,

SUBSTITUTE SENATE BILL NO. 6391,

SUBSTITUTE SENATE BILL NO. 6422,

SENATE BILL NO. 6494,

SUBSTITUTE SENATE BILL NO. 6514,

SUBSTITUTE SENATE BILL NO. 6532,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6556,

SENATE BILL NO. 6616,

SENATE BILL NO. 6672,

SUBSTITUTE SENATE BILL NO. 6694,

SUBSTITUTE SENATE BILL NO. 6699,

SENATE BILL NO. 6718,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6736,

SENATE JOINT MEMORIAL NO. 8028,


and the same are herewith transmitted.


Marty Brown, Secretary


February 10, 1996


Mr. Speaker:


             The Senate has passed:


SENATE BILL NO. 6151,

SENATE BILL NO. 6156,

SENATE BILL NO. 6179,

SENATE BILL NO. 6216,

SUBSTITUTE SENATE BILL NO. 6223,

SUBSTITUTE SENATE BILL NO. 6232,

SUBSTITUTE SENATE BILL NO. 6267,

SENATE BILL NO. 6253,

SUBSTITUTE SENATE BILL NO. 6273,

SENATE BILL NO. 6289,

SUBSTITUTE SENATE BILL NO. 6290,

SENATE BILL NO. 6292,

SUBSTITUTE SENATE BILL NO. 6293,

SENATE BILL NO. 6349,

SENATE BILL NO. 6405,

SENATE BILL NO. 6407,

SENATE BILL NO. 6453,

SUBSTITUTE SENATE BILL NO. 6487,

SENATE BILL NO. 6489,

SUBSTITUTE SENATE BILL NO. 6504,

and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


February 10, 1996


Mr. Speaker:


             The Senate has passed:


ENGROSSED SUBSTITUTE SENATE BILL NO. 5359,

SENATE BILL NO. 5615,

SUBSTITUTE SENATE BILL NO. 6096,

SUBSTITUTE SENATE BILL NO. 6122,

SENATE BILL NO. 6160,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6204,

ENGROSSED SENATE BILL NO. 6410,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6426,

SUBSTITUTE SENATE BILL NO. 6432,

SENATE BILL NO. 6443,

SUBSTITUTE SENATE BILL NO. 6540,

SENATE BILL NO. 6615,

SENATE BILL NO. 6617,

SUBSTITUTE SENATE BILL NO. 6551,

SUBSTITUTE SENATE BILL NO. 6735,

and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


             There being no objection, the Rules Committee was relieved of further consideration of the following bills: House Bill No. 1485, House Bill No. 2384, House Bill No. 2552, House Bill No. 2267, House Bill No. 2411, House Bill No. 2544, House Bill No. 2629, House Bill No. 2640 and House Bill No. 2775 which will be advanced to the second reading calendar for Tuesday.

             There being no objection, the Rules Committee was relieved of further consideration of Substitute House Bill No. 1597 and the bill was advanced to the third reading calendar for Tuesday.

             There being no objection, the Rules Committee was relieved of further consideration of House Bill No. 2343 and the bill was advanced to the second reading calendar for Wednesday.


             HOUSE BILL NO. 2745, by Representatives Horn, Lisk, Ballasiotes, L. Thomas, Backlund, Mastin, Reams, D. Schmidt, Delvin, Hankins, Foreman, Cooke, Mulliken, Blanton, Hymes, Thompson and Elliot

 

Clarifying the taxation of intangible personal property.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2745 was substituted for House Bill No. 2745 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2745 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 Horn, Dyer and Sheldon spoke in favor of passage of the bill.


             Representatives H. Sommers, Dickerson and Brown spoke against passage of the bill.


MOTION


             On motion of Representative Talcott, Representative Buck was excused.


MOTION


             On motion of Representative Kessler, Representatives Valle and Grant were excused.


POINT OF INQUIRY


             Representative Horn yielded to a question by Representative Kessler.


             Representative Kessler: Is it the purpose of the bill to expand the taxation of intangible property beyond what is provided under current law.


             Representative Horn: Representative Kessler. The answer to that question is No; infactiably No. The purpose of this bill is to make it clear that the intangible property is not subject to the property tax law and then it would be an unwise policy for this state to attempt to extend the property tax to intangible property.


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2745.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2745 and the bill passed the House by the following vote: Yeas - 73, Nays - 21, Absent - 0, Excused - 4.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Costa, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Ogden, Patterson, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wolfe and Mr. Speaker - 73.

             Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Dellwo, Dickerson, Fisher, R., Hatfield, Jacobsen, Mason, Morris, Murray, Poulsen, Regala, Rust, Scheuerman, Sommers, H., Tokuda and Veloria - 21.

             Excused: Representatives Buck, Grant, Silver and Valle - 4.


             Substitute House Bill No. 2745, 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. 2747, House Bill No. 2748, House Bill No. 2853, House Bill No. 2929, Substitute House Bill No. 1938, House Bill No. 2279, House Bill No. 2370, House Bill No. 2476, House Bill No. 2485, House Bill No. 2668, House Bill No. 2669, House Bill No. 2832, House Bill No. 2926, House Bill No. 2944 and House Bill No. 2707.


             HOUSE BILL NO. 2747, by Representatives Mastin, Reams, Silver and Johnson

 

Implementing regulatory reform.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2747 was substituted for House Bill No. 2747 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2747 was read the second time.


             With the consent of the House, amendment number 174 to Substitute Senate Bill No. 2747 was withdrawn.


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


             Strike everything after the enacting clause and insert the following:


             "Sec. 12. RCW 34.05.322 and 1995 c 403 s 118 are each amended to read as follows:

             (1) For rules implementing statutes enacted after July 23, 1995, an agency, other than one listed in subsection (2) of this section, may not rely solely on the section of law stating a statute's intent or purpose, or on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for its statutory authority to adopt the rule.

             (2) The commissioner of public lands, the department of social and health services, the department of ecology, the department of agriculture, the department of health, the department of revenue, the department of licensing, the department of labor and industries, the employment security department, the forest practices board, the fish and wildlife commission, and the office of the insurance commissioner may not adopt any rule relying solely on the section of law stating a statute's intent or purpose, or on the enabling provisions of the statute establishing the agency, or on any combination of such provisions for its statutory authority to adopt a rule after July 23, 1995.

             (3) This section does not apply to rules adopted under chapter 39.12 RCW.

             (4) An agency may use the statement of intent or purpose or the agency enabling provisions to interpret ambiguities in a statute's other provisions.


             NEW SECTION. Sec. 13. A new section is added to chapter 34.05 RCW under the subchapter heading "Part III" to read as follows:

             (1) At the time it files an adopted rule with the code reviser or within thirty days thereafter, an agency shall place into the rule-making file maintained under RCW 34.05.370 a concise explanatory statement about the rule, identifying (a) the agency's reasons for adopting the rule, and (b) a description of any difference between the text of the proposed rule as published in the register and the text of the rule as adopted, other than editing changes, stating the reasons for change.

             (2) Only the reasons contained in the concise explanatory statement may be used by any party as justifications for the adoption of the rule in any proceeding in which its validity is at issue.


             Sec. 14. RCW 34.05.370 and 1995 c 403 s 801 are each amended to read as follows:

             (1) Each agency shall maintain an official rule-making file for each rule that it (a) proposes by publication in the state register, or (b) adopts. The file and materials incorporated by reference shall be available for public inspection.

             (2) The agency rule-making file shall contain all of the following:

             (a) Copies of all publications in the state register with respect to the rule or the proceeding upon which the rule is based;

             (b) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding on which the rule is based;

             (c) All written petitions, requests, submissions, and comments received by the agency and all other written material regarded by the agency as important to adoption of the rule or the proceeding on which the rule is based;

             (d) Any official transcript of oral presentations made in the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them, and any memorandum prepared by a presiding official summarizing the contents of those presentations;

             (e) All petitions for exceptions to, amendment of, or repeal or suspension of, the rule;

             (f) Citations to data, factual information, studies, or reports on which the agency relies in the adoption of the rule, indicating where such data, factual information, studies, or reports are available for review by the public, but this subsection (2)(f) does not require the agency to include in the rule-making file any data, factual information, studies, or reports gathered pursuant to chapter 19.85 RCW that can be identified to a particular business;

             (g) The concise explanatory statement required by RCW 34.05.325(6); and

             (h) Any other material placed in the file by the agency.

             (3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this section to the extent they constitute preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from inclusion when it is publicly cited by an agency in connection with its decision.

             (4) Upon judicial review, the file required by this section constitutes the official agency rule-making file with respect to that rule. ((Unless otherwise required by another provision of law, the official agency rule-making file need not be the exclusive basis for agency action on that rule.)) Except as provided in section 2 of this act or otherwise required by a provision of law, the official agency rule-making file need not constitute the exclusive basis for agency action on that rule or for judicial review thereof.


             Sec. 15. RCW 34.05.514 and 1995 c 347 s 113 and 1995 c 292 s 9 are each reenacted and amended to read as follows:

             (1) Except as provided in subsections (2) and (3) of this section, proceedings for review under this chapter shall be instituted by paying the fee required under RCW 36.18.020 and filing a petition in the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of the petitioner's residence or principal place of business, or (c) in any county where the property owned by the petitioner and affected by the contested decision is located.

             (2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which the principal office of the institution involved is located or in the county of a branch campus if the action involves such branch.

             (3) Proceedings to enjoin application of a rule brought under RCW 34.05.310(1) or 34.05.320(3) shall be instituted by filing a petition in the superior court of the county in which the local government exercises jurisdiction.


             Sec. 16. RCW 34.05.620 and 1994 c 249 s 17 are each amended to read as follows:

             (1) Whenever a majority of the members of the rules review committee determines that a proposed rule is not within the intent of the legislature as expressed in the statute which the rule implements, or that an agency may not be adopting a proposed rule in accordance with all applicable provisions of law, including ((section 4 of this act and)) chapter 19.85 RCW, the committee shall give the affected agency written notice of its decision. The notice shall be given at least seven days prior to any hearing scheduled for consideration of or adoption of the proposed rule pursuant to RCW 34.05.320. The notice shall include a statement of the review committee's findings and the reasons therefor. When the agency holds a hearing on the proposed rule, the agency shall consider the review committee's decision.

             (2) Within forty-five days of receiving a notice of proposed rule making under RCW 34.05.320, the committee may, by majority vote:

             (a) Request an agency that has not prepared a small business economic impact statement regarding the proposed rule under RCW 19.85.030 to prepare and file with the code reviser and the committee such a document before the final adoption of the rule;

             (b) Require an agency to make the determinations, prepare the documents, and otherwise fully comply with RCW 34.05.328 (1) through (4).


             Sec. 17. RCW 34.05.630 and 1994 c 249 s 18 are each amended to read as follows:

             (1) All rules required to be filed pursuant to RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are subject to selective review by the legislature.

             (2) The rules review committee may review an agency's use of policy statements, guidelines, and issuances that are of general applicability, or their equivalents to determine whether or not an agency has failed to adopt a rule or whether they are within the intent of the legislature as expressed by the governing statute.

             (3) If the rules review committee finds by a majority vote of its members: (a) That an existing rule is not within the intent of the legislature as expressed by the statute which the rule implements, (b) that the rule has not been adopted in accordance with all applicable provisions of law, including ((section 4 of this act if the rule was adopted after the effective date of section 4 of this act and)) chapter 19.85 RCW, (c) that an agency is using a policy statement, guideline, or issuance in place of a rule, or (d) that the policy statement, guideline, or issuance is outside of legislative intent, the agency affected shall be notified of such finding and the reasons therefor.

             (4) The committee's notice may:

             (a) Recommend that the agency defer the rule-making process until clarification by the legislature of its intent;

             (b) Recommend that the agency comply with all applicable laws, including this chapter and chapter 19.85 RCW;

             (c) Notify the agency that a policy statement, guideline, or issuance (i) is being used in place of a rule or (ii) is outside legislative intent.

             (5)(a) A committee notification under subsection (4)(c)(i) of this section may recommend that the agency adopt the policy statement, guideline, or issuance as a rule in accordance with the procedures of this chapter.

             (b) A committee notification under subsection (4)(c)(ii) of this section may recommend that the agency stop using or applying the policy statement, guideline, or issuance.

             (c) The agency may continue to use or apply the policy statement, guideline, or issuance pending its review by the agency under this section and RCW 34.05.640.

             (6) Within thirty days of the receipt of the rules review committee's notice, the agency shall file notice of a hearing on the rules review committee's finding with the code reviser and mail notice to all persons who have made timely request of the agency for advance notice of its rule-making proceedings as provided in RCW 34.05.320. The agency's notice shall include the rules review committee's findings and reasons therefor, and shall be published in the Washington state register in accordance with the provisions of chapter 34.08 RCW.

             (((4))) (7) The agency shall consider fully all written and oral submissions regarding (a) whether the rule in question is within the intent of the legislature as expressed by the statute which the rule implements, (b) whether the rule was adopted in accordance with all applicable provisions of law, including ((section 4 of this act if the rule was adopted after the effective date of section 4 of this act and)) chapter 19.85 RCW, (c) whether the agency is using a policy statement, guideline, or issuance in place of a rule, or (d) whether the policy statement, guideline, or issuance is within the legislative intent.


             Sec. 18. RCW 34.05.640 and 1994 c 249 s 19 are each amended to read as follows:

             (1) Within seven days of an agency hearing held after notification of the agency by the rules review committee pursuant to RCW 34.05.620 or 34.05.630, the affected agency shall notify the committee of its action on a proposed or existing rule to which the committee objected or on a committee finding of the agency's failure to adopt rules. If the rules review committee determines, by a majority vote of its members, that the agency has failed to provide for the required hearings or notice of its action to the committee, the committee may file notice of its objections, together with a concise statement of the reasons therefor, with the code reviser within thirty days of such determination.

             (2) If the rules review committee finds, by a majority vote of its members: (a) That the proposed or existing rule in question has not been modified, amended, withdrawn, or repealed by the agency so as to conform with the intent of the legislature, or (b) that an existing rule was not adopted in accordance with all applicable provisions of law, including ((section 4 of this act if the rule was adopted after the effective date of section 4 of this act and)) chapter 19.85 RCW, or (c) that the agency is using a policy statement, guideline, or issuance in place of a rule, or that the policy statement, guideline, or issuance is outside of the legislative intent, the rules review committee may, within thirty days from notification by the agency of its action, file with the code reviser notice of its objections together with a concise statement of the reasons therefor. Such notice and statement shall also be provided to the agency by the rules review committee.

             (3) If the rules review committee makes an adverse finding under subsection (2) of this section, the committee may, by a majority vote of its members, recommend suspension of an existing rule. Within seven days of such vote the committee shall transmit to the appropriate standing committees of the legislature, the governor, the code reviser, and the agency written notice of its objection and recommended suspension and the concise reasons therefor. Within thirty days of receipt of the notice, the governor shall transmit to the committee, the code reviser, and the agency written approval or disapproval of the recommended suspension. If the suspension is approved by the governor, it is effective from the date of that approval and continues until ninety days after the expiration of the next regular legislative session.

             (4) If the governor disapproves the recommendation of the rules review committee to suspend the rule, the transmittal of such decision, along with the findings of the rules review committee, shall be treated by the agency as a petition by the rules review committee to repeal the rule under RCW 34.05.330.

             (5) The code reviser shall publish transmittals from the rules review committee or the governor issued pursuant to subsection (1), (2), or (3) of this section in the Washington state register and shall publish in the next supplement and compilation of the Washington Administrative Code a reference to the committee's objection or recommended suspension and the governor's action on it and to the issue of the Washington state register in which the full text thereof appears.

             (6) The reference shall be removed from a rule published in the Washington Administrative Code if a subsequent adjudicatory proceeding determines that the rule is within the intent of the legislature or was adopted in accordance with all applicable laws, whichever was the objection of the rules review committee.


             Sec. 19. RCW 76.09.010 and 1993 c 3 s 1 are each amended to read as follows:

             (1) The legislature hereby finds and declares that the forest land resources are among the most valuable of all resources in the state; that a viable forest products industry is of prime importance to the state's economy; that it is in the public interest for public and private commercial forest lands to be managed consistent with sound policies of natural resource protection; that coincident with maintenance of a viable forest products industry, it is important to afford protection to forest soils, fisheries, wildlife, water quantity and quality, air quality, recreation, and scenic beauty.

             (2) The legislature further finds and declares it to be in the public interest of this state to create and maintain through the adoption of this chapter a comprehensive state-wide system of laws and forest practices regulations which will achieve the following purposes and policies:

             (a) Afford protection to, promote, foster and encourage timber growth, and require such minimum reforestation of commercial tree species on forest lands as will reasonably utilize the timber growing capacity of the soil following current timber harvest;

             (b) Afford protection to forest soils and public resources by utilizing all reasonable methods of technology in conducting forest practices;

             (c) Recognize both the public and private interest in the profitable growing and harvesting of timber;

             (d) Promote efficiency by permitting maximum operating freedom consistent with the other purposes and policies stated herein;

             (e) Provide for regulation of forest practices so as to avoid unnecessary duplication in such regulation;

             (f) Provide for interagency input and intergovernmental and tribal coordination and cooperation;

             (g) Achieve compliance with all applicable requirements of federal and state law with respect to nonpoint sources of water pollution from forest practices;

             (h) To consider reasonable land use planning goals and concepts contained in local comprehensive plans and zoning regulations; and

             (i) Foster cooperation among managers of public resources, forest landowners, Indian tribes and the citizens of the state.

             The authority of the board to adopt forest practices rules is prescribed by this subsection (2) and RCW 76.09.040. The board may not adopt forest practices rules based solely on any other section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions.

             (3) The legislature further finds and declares that it is also in the public interest of the state to encourage forest landowners to undertake corrective and remedial action to reduce the impact of mass earth movements and fluvial processes.

             (4) The legislature further finds and declares that it is in the public interest that the applicants for state forest practice permits should assist in paying for the cost of review and permitting necessary for the environmental protection of these resources.


             Sec. 20. RCW 76.09.040 and 1994 c 264 s 48 are each amended to read as follows:

             (1) Where necessary to accomplish the purposes and policies specifically stated in RCW 76.09.010(2), and to implement the provisions of this chapter, the board shall ((promulgate)) adopt forest practices ((regulations)) rules pursuant to chapter 34.05 RCW and in accordance with the procedures enumerated in this section that:

             (a) Establish minimum standards for forest practices;

             (b) Provide procedures for the voluntary development of resource management plans which may be adopted as an alternative to the minimum standards in (a) of this subsection if the plan is consistent with the purposes and policies specifically stated in RCW 76.09.010(2) and the plan meets or exceeds the objectives of the minimum standards;

             (c) Set forth necessary administrative provisions; and

             (d) Establish procedures for the collection and administration of forest practice fees as set forth by this chapter.

             Forest practices ((regulations)) rules pertaining to water quality protection shall be ((promulgated)) adopted individually by the board and by the department of ecology after they have reached agreement with respect thereto. All other forest practices ((regulations)) rules shall be ((promulgated)) adopted by the board.

             Forest practices ((regulations)) rules shall be administered and enforced by the department except as otherwise provided in this chapter. Such ((regulations)) rules shall be ((promulgated)) adopted and administered so as to give consideration to all purposes and policies specifically set forth in RCW 76.09.010(2).

             (((2))) (3) The board shall prepare proposed forest practices ((regulations)) rules. In addition to any forest practices ((regulations)) rules relating to water quality protection proposed by the board, the department of ecology shall prepare proposed forest practices ((regulations)) rules relating to water quality protection.

             Prior to initiating the rule making process, the proposed ((regulations)) rules shall be submitted for review and comments to the department of fish and wildlife and to the counties of the state. After receipt of the proposed forest practices ((regulations)) rules, the department of fish and wildlife and the counties of the state shall have thirty days in which to review and submit comments to the board, and to the department of ecology with respect to its proposed ((regulations)) rules relating to water quality protection. After the expiration of such thirty day period the board and the department of ecology shall jointly hold one or more hearings on the proposed ((regulations)) rules pursuant to chapter 34.05 RCW. At such hearing(s) any county may propose specific forest practices ((regulations)) rules relating to problems existing within such county. The board and the department of ecology may adopt such proposals if they find the proposals are consistent with the purposes and policies of this chapter.


             NEW SECTION. Sec. 21. A new section is added to chapter 43.22 RCW to read as follows:

             For rules adopted after the effective date of this section, the director of the department of labor and industries may not rely solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule: PROVIDED, That this section shall not apply to rules adopted pursuant to chapter 39.12 RCW.


             Sec. 22. RCW 48.02.060 and 1947 c 79 s .02.06 are each amended to read as follows:

             (1) The commissioner shall have the authority expressly conferred upon him or her by or reasonably implied from the provisions of this code.

             (2) The commissioner shall execute his or her duties and shall enforce the provisions of this code.

             (3) The commissioner may:

             (a) Make reasonable rules and regulations for effectuating any provision of this code, except those relating to his or her election, qualifications, or compensation: PROVIDED, That the commissioner may not adopt rules after the effective date of this section that are based solely on this statute, or on a statute's statement of intent or purpose, or on the enabling provisions of the statute establishing the agency, or any combination of such provisions, for statutory authority to adopt any rule, except rules defining or clarifying terms in, or procedures necessary to the implementation of a statute. No such rules and regulations shall be effective prior to their being filed for public inspection in the commissioner's office.

             (b) Conduct investigations to determine whether any person has violated any provision of this code.

             (c) Conduct examinations, investigations, hearings, in addition to those specifically provided for, useful and proper for the efficient administration of any provision of this code.


             Sec. 23. RCW 48.44.050 and 1947 c 268 s 5 are each amended to read as follows:

             The insurance commissioner shall make reasonable regulations in aid of the administration of this chapter which may include, but shall not be limited to regulations concerning the maintenance of adequate insurance, bonds, or cash deposits, information required of registrants, and methods of expediting speedy and fair payments to claimants: PROVIDED, That the commissioner may not adopt rules after the effective date of this section that are based solely on this section, a statute's statement of intent or purpose, or on the enabling provisions of the statute establishing the agency, or any combination of such provisions, for statutory authority to adopt any rule, except rules defining or clarifying terms in, or procedures necessary to the implementation of a statute.


             Sec. 24. RCW 48.46.200 and 1975 1st ex.s. c 290 s 21 are each amended to read as follows:

             The commissioner may adopt, in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW, ((promulgate)) rules and regulations as necessary or proper to carry out the provisions of this chapter: PROVIDED, That the commissioner may not adopt rules after the effective date of this section that are based solely on this section, a statute's statement of intent or purpose, or on the enabling provisions of the statute establishing the agency, or any combination of such provisions, for statutory authority to adopt any rule, except rules defining or clarifying terms in, or procedures necessary to the implementation of a statute. Nothing in this chapter shall be construed to prohibit the commissioner from requiring changes in procedures previously approved by ((him)) the commissioner.


             Sec. 25. RCW 34.05.328 and 1995 c 403 s 201 are each amended to read as follows:

             (1) Before adopting a rule described in subsection (5) of this section, an agency shall:

             (a) Clearly state in detail the general goals and specific objectives of the statute that the rule implements;

             (b) Determine that the rule is needed to achieve the general goals and specific objectives stated under (a) of this subsection, and analyze alternatives to rule making and the consequences of not adopting the rule;

             (c) Determine that the probable benefits of the rule are greater than its probable costs, taking into account both the qualitative and quantitative benefits and costs and the specific directives of the statute being implemented;

             (d) Determine, after considering alternative versions of the rule and the analysis required under (b) and (c) of this subsection, that the rule being adopted is the least burdensome alternative for those required to comply with it that will achieve the general goals and specific objectives stated under (a) of this subsection;

             (e) Determine that the rule does not require those to whom it applies to take an action that violates requirements of another federal or state law;

             (f) Determine that the rule does not impose more stringent performance requirements on private entities than on public entities unless required to do so by federal or state law;

             (g) Determine if the rule differs from any federal regulation or statute applicable to the same activity or subject matter and, if so, determine that the difference is justified by the following:

             (i) A state statute that explicitly allows the agency to differ from federal standards; or

             (ii) Substantial evidence that the difference is necessary to achieve the general goals and specific objectives stated under (a) of this subsection; and

             (h) Coordinate the substance of the rule, to the maximum extent practicable, with other federal, state, and local laws applicable to the same activity or subject matter.

             (2) In making its determinations pursuant to subsection (1) (b) through (g) of this section, the agency shall place in the rule-making file documentation of sufficient quantity and quality so as to persuade a reasonable person that the determinations are justified.

             (3) Before adopting rules described in subsection (5) of this section, an agency shall place in the rule-making file a rule implementation plan for rules filed under each adopting order. The plan shall describe how the agency intends to:

             (a) Implement and enforce the rule, including a description of the resources the agency intends to use;

             (b) Inform and educate affected persons about the rule;

             (c) Promote and assist voluntary compliance; and

             (d) Evaluate whether the rule achieves the purpose for which it was adopted, including, to the maximum extent practicable, the use of interim milestones to assess progress and the use of objectively measurable outcomes.

             (4) After adopting a rule described in subsection (5) of this section regulating the same activity or subject matter as another provision of federal or state law, an agency shall do all of the following:

             (a) Provide to the business assistance center a list citing by reference the other federal and state laws that regulate the same activity or subject matter;

             (b) Coordinate implementation and enforcement of the rule with the other federal and state entities regulating the same activity or subject matter by making every effort to do one or more of the following:

             (i) Deferring to the other entity;

             (ii) Designating a lead agency; or

             (iii) Entering into an agreement with the other entities specifying how the agency and entities will coordinate implementation and enforcement.

             If the agency is unable to comply with this subsection (4)(b), the agency shall report to the legislature pursuant to (c) of this subsection;

             (c) Report to the joint administrative rules review committee:

             (i) The existence of any overlap or duplication of other federal or state laws, any differences from federal law, and any known overlap, duplication, or conflict with local laws; and

             (ii) Make recommendations for any legislation that may be necessary to eliminate or mitigate any adverse effects of such overlap, duplication, or difference.

             (5)(a) Except as provided in (b) of this subsection, this section applies to:

             (i) Significant legislative rules of the departments of ecology, labor and industries, health, revenue, social and health services, and natural resources, the employment security department, the forest practices board, the office of the insurance commissioner, and to the legislative rules of the department of fish and wildlife implementing chapter 75.20 RCW; and

             (ii) Any rule of any agency, if this section is voluntarily made applicable to the rule by the agency, or is made applicable to the rule by a majority vote of the joint administrative rules review committee within forty-five days of receiving the notice of proposed rule making under RCW 34.05.320.

             (b) This section does not apply to:

             (i) Emergency rules adopted under RCW 34.05.350;

             (ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment party;

             (iii) Rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of state-wide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule, however, the exemption in this subsection (5)(b)(iii) does not apply if the rule adopted is the rule of another Washington state agency, which rule was not adopted in accordance with this section. Any doubts as to whether this requirement has been met shall be resolved in favor of causing the rules to be subjected to the requirements of this section;

             (iv) Rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect;

             (v) Rules the content of which is explicitly and specifically dictated by statute; or

             (vi) Rules that set or adjust fees or rates pursuant to legislative standards.

             (c) For purposes of this subsection:

             (i) A "procedural rule" is a rule that adopts, amends, or repeals (A) any procedure, practice, or requirement relating to any agency hearings; (B) any filing or related process requirement for making application to an agency for a license or permit; or (C) any policy statement pertaining to the consistent internal operations of an agency.

             (ii) An "interpretive rule" is a rule, the violation of which does not subject a person to a penalty or sanction, that sets forth the agency̓s interpretation of statutory provisions it administers.

             (iii) A "significant legislative rule" is a rule other than a procedural or interpretive rule that (A) adopts substantive provisions of law pursuant to delegated legislative authority, the violation of which subjects a violator of such rule to a penalty or sanction; (B) establishes, alters, or revokes any qualification or standard for the issuance, suspension, or revocation of a license or permit; or (C) adopts a new, or makes significant amendments to, a policy or regulatory program.

             (d) In the notice of proposed rule making under RCW 34.05.320, an agency shall state whether this section applies to the proposed rule pursuant to (a)(i) of this subsection, or if the agency will apply this section voluntarily.

             (6) By January 31, 1996, and by January 31st of each even-numbered year thereafter, the office of financial management, after consulting with state agencies, counties, and cities, and business, labor, and environmental organizations, shall report to the governor and the legislature regarding the effects of this section on the regulatory system in this state. The report shall document:

             (a) The rules proposed to which this section applied and to the extent possible, how compliance with this section affected the substance of the rule, if any, that the agency ultimately adopted;

             (b) The costs incurred by state agencies in complying with this section;

             (c) Any legal action maintained based upon the alleged failure of any agency to comply with this section, the costs to the state of such action, and the result;

             (d) The extent to which this section has adversely affected the capacity of agencies to fulfill their legislatively prescribed mission;

             (e) The extent to which this section has improved the acceptability of state rules to those regulated; and

             (f) Any other information considered by the office of financial management to be useful in evaluating the effect of this section.


             NEW SECTION. Sec. 26. A new section is added to chapter 34.05 RCW under the subchapter heading "Part III" to read as follows:

             If an amendment is made to a subsection of an existing significant legislative rule, then the entire section must be processed in accordance with RCW 34.05.328.


             Sec. 27. RCW 34.05.570 and 1995 c 403 s 802 are each amended to read as follows:

             (1) Generally. Except to the extent that this chapter or another statute provides otherwise:

             (a) Except as provided in subsections (2) and (3) of this section, the burden of demonstrating the invalidity of agency action is on the party asserting invalidity;

             (b) The validity of agency action shall be determined in accordance with the standards of review provided in this section, as applied to the agency action at the time it was taken;

             (c) The court shall make a separate and distinct ruling on each material issue on which the court's decision is based; and

             (d) The court shall grant relief only if it determines that a person seeking judicial relief has been substantially prejudiced by the action complained of.

             (2) Review of rules. (a) A rule may be reviewed by petition for declaratory judgment filed pursuant to this subsection or in the context of any other review proceeding under this section. In an action challenging the validity of a rule, the agency shall be made a party to the proceeding.

             (b) The validity of any rule may be determined upon petition for a declaratory judgment addressed to the superior court of Thurston county, when it appears that the rule, or its threatened application, interferes with or impairs or immediately threatens to interfere with or impair the legal rights or privileges of the petitioner. The burden of demonstrating the validity of any rule is on the agency. The declaratory judgment order may be entered whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question.

             (c) In a proceeding involving review of a rule, the court shall declare the rule invalid only if it finds that: The rule violates constitutional provisions; the rule exceeds the statutory authority of the agency; the rule was adopted without compliance with statutory rule-making procedures; or the rule is arbitrary and capricious.

             (3) Review of agency orders in adjudicative proceedings. The burden of proof is on the agency to demonstrate that any challenged provision of (a) through (i) of this subsection was not violated. The court shall grant relief from an agency order in an adjudicative proceeding only if it determines that:

             (a) The order, or the statute or rule on which the order is based, is in violation of constitutional provisions on its face or as applied;

             (b) The order is outside the statutory authority or jurisdiction of the agency conferred by any provision of law;

             (c) The agency has engaged in unlawful procedure or decision-making process, or has failed to follow a prescribed procedure;

             (d) The agency has erroneously interpreted or applied the law;

             (e) The order is not supported by evidence that is substantial when viewed in light of the whole record before the court, which includes the agency record for judicial review, supplemented by any additional evidence received by the court under this chapter;

             (f) The agency has not decided all issues requiring resolution by the agency;

             (g) A motion for disqualification under RCW 34.05.425 or 34.12.050 was made and was improperly denied or, if no motion was made, facts are shown to support the grant of such a motion that were not known and were not reasonably discoverable by the challenging party at the appropriate time for making such a motion;

             (h) The order is inconsistent with a rule of the agency unless the agency explains the inconsistency by stating facts and reasons to demonstrate a rational basis for inconsistency; or

             (i) The order is arbitrary or capricious.

             (4) Review of other agency action.

             (a) All agency action not reviewable under subsection (2) or (3) of this section shall be reviewed under this subsection.

             (b) A person whose rights are violated by an agency's failure to perform a duty that is required by law to be performed may file a petition for review pursuant to RCW 34.05.514, seeking an order pursuant to this subsection requiring performance. Within twenty days after service of the petition for review, the agency shall file and serve an answer to the petition, made in the same manner as an answer to a complaint in a civil action. The court may hear evidence, pursuant to RCW 34.05.562, on material issues of fact raised by the petition and answer.

             (c) Relief for persons aggrieved by the performance of an agency action, including the exercise of discretion, or an action under (b) of this subsection can be granted only if the court determines that the action is:

             (i) Unconstitutional;

             (ii) Outside the statutory authority of the agency or the authority conferred by a provision of law;

             (iii) Arbitrary or capricious; or

             (iv) Taken by persons who were not properly constituted as agency officials lawfully entitled to take such action.


             Sec. 28. RCW 34.05.375 and 1988 c 288 s 314 are each amended to read as follows:

             No rule proposed after July 1, 1989, is valid unless it is adopted in substantial compliance with RCW 34.05.310 through 34.05.395. Inadvertent failure to mail notice of a proposed rule adoption to any person as required by RCW 34.05.320(3) does not invalidate a rule. No action based upon this section may be maintained to contest the validity of any rule unless it is commenced within ((two)) seven years after the effective date of the rule.


             NEW SECTION. Sec. 29. A new section is added to chapter 34.05 RCW to read as follows:

             (1) A person may petition an agency requesting that an existing rule be subject to readoption. The office of financial management shall prescribe by rule the format for such petitions and the procedure for their submission, consideration, and disposition and provide a standard form that may be used to petition any agency. Within sixty days after submission of a petition, the agency shall either (a) deny the petition in writing, stating (i) its reasons for the denial, specifically addressing each item listed in subsection (3) of this section and, where appropriate, (ii) the alterative means by which it will address the concerns raised by the petitioner, or (b) initiate the readoption procedure in accordance with this section.

             (2) If an agency denies a petition submitted under subsection (1) of this section, the petitioner, within thirty days of the denial, may appeal the denial to the joint administrative rules review committee. Within sixty days after receiving the appeal, the committee shall, by a majority vote of its members, either (a) deny the appeal in writing, stating its reasons for the denial, or (b) direct the agency to initiate the readoption procedure in accordance with this section. The agency shall initiate the readoption procedure by the date specified by the committee.

             (3) An agency's written denial under subsection (1) of this section must address each of the following:

             (a) Whether the rule is authorized;

             (b) Whether the rule is needed;

             (c) Whether the rule conflicts with or duplicates other federal, state, or local laws;

             (d) Whether alternatives to the rule exist that will serve the same purpose at less cost;

             (e) Whether the rule applies differently to public and private entities;

             (f) Whether the rule serves the purposes for which it was adopted;

             (g) Whether the benefits of the rule are greater than its costs;

             (h) Whether the rule is clearly and simply stated; and

             (i) Whether there is adequate justification if the rule is different than a federal law applicable to the same activity or subject matter.

             Persons are encouraged to address each of these issues in their petition to the agency.

             (4) For purposes of this section, "readoption" means that the text of the existing rule is submitted under RCW 34.05.320 as a proposed rule and is then subject to the rule-making process set forth in this chapter. However, an agency need not submit a statement of inquiry under RCW 34.05.310 for an existing rule subject to readoption. Unless readopted, an existing rule subject to readoption is automatically repealed one hundred eighty days after publication of the text as a proposed rule in the Washington State Register.

             (5) A decision by an agency under subsection (1) of this section to deny a petition for readoption is not subject to judicial review.

             (6) The office of financial management shall initiate the rule making required by subsection (1) of this section by July 1, 1996.


             NEW SECTION. Sec. 30. A new section is added to chapter 34.05 RCW under the subchapter heading "Part V" to read as follows:

             (1) Except as provided in subsection (2) of this section, after December 31, 2000, the following agencies may not rely solely on a statute's statement of intent or purpose or the enabling provisions of the statute establishing the agency, or any combination of such provisions, for the agency's statutory authority to have adopted a rule challenged after December 31, 2000: The commissioner of public lands, the department of social and health services, the department of ecology, the department of agriculture, the department of health, the department of revenue, the department of licensing, the department of labor and industries, the employment security department, the forest practices board, the fish and wildlife commission, and the office of the insurance commissioner.

             (2) This section does not apply to rules adopted under chapter 39.12 RCW.


             Sec. 31. RCW 4.84.350 and 1995 c 403 s 903 are each amended to read as follows:

             (1) Except as otherwise specifically provided by statute, a court shall award a qualified party that prevails in a judicial review of an agency action fees and other expenses, including reasonable attorneys' fees, unless the court finds that the agency action was substantially justified or that circumstances make an award unjust. A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought.

             (2) The amount awarded a qualified party under subsection (1) of this section shall not exceed:

             (a) For cases involving rule validity:

             (i) Twenty-five thousand dollars for superior court cases; and

             (ii) Fifteen thousand dollars for appeals to the court of appeals and the supreme court; and

             (b) For cases involving other agency action:

             (i) Fifty thousand dollars for superior court cases; and

             (ii) Fifteen thousand dollars for appeals to the court of appeals and the supreme court.

             (3) Subsection (1) of this section shall not apply unless all parties challenging the agency action are qualified parties. If two or more qualified parties join in an action, the award in total shall not exceed twenty-five thousand dollars. The court, in its discretion, may reduce the amount to be awarded pursuant to subsection (1) of this section, or deny any award, to the extent that a qualified party during the course of the proceedings engaged in conduct that unduly or unreasonably protracted the final resolution of the matter in controversy.

             (4) Qualified parties shall receive awards under this section for cases pending July 23, 1995.


             Sec. 32. RCW 48.04.010 and 1990 1st ex.s. c 3 s 1 are each amended to read as follows:

             (1) The commissioner may hold a hearing for any purpose within the scope of this code as he or she may deem necessary. The commissioner shall hold a hearing:

             (a) If required by any provision of this code; or

             (b) Upon written demand for a hearing made by any person aggrieved by any act, threatened act, or failure of the commissioner to act, if such failure is deemed an act under any provision of this code, or by any report, promulgation, or order of the commissioner other than an order on a hearing of which such person was given actual notice or at which such person appeared as a party, or order pursuant to the order on such hearing.

             (2) Any such demand for a hearing shall specify in what respects such person is so aggrieved and the grounds to be relied upon as basis for the relief to be demanded at the hearing.

             (3) Unless a person aggrieved by a written order of the commissioner demands a hearing thereon within ninety days after receiving notice of such order, or in the case of a licensee under Title 48 RCW within ninety days after the commissioner has mailed the order to the licensee at the most recent address shown in the commissioner's licensing records for the licensee, the right to such hearing shall conclusively be deemed to have been waived.

             (4) If a hearing is demanded by a licensee whose license has been temporarily suspended pursuant to RCW 48.17.540, the commissioner shall hold such hearing demanded within thirty days after receipt of the demand or within thirty days of the effective date of a temporary license suspension issued after such demand, unless postponed by mutual consent.

             (5) Any hearing held pursuant to this section shall be conducted by an administrative law judge unless the person demanding the hearing agrees in writing to have an employee of the commissioner conduct the hearing.


             Sec. 33. RCW 48.30.010 and 1985 c 264 s 13 are each amended to read as follows:

             (1) No person engaged in the business of insurance shall engage in unfair methods of competition or in unfair or deceptive acts or practices in the conduct of such business as such methods, acts, or practices ((are defined pursuant to subsection (2) of this section.

             (2) In addition to such unfair methods and unfair or deceptive acts or practices as)) are expressly defined and prohibited by this code((, the commissioner may from time to time by regulation promulgated pursuant to chapter 34.05 RCW, define other methods of competition and other acts and practices in the conduct of such business reasonably found by the commissioner to be unfair or deceptive.

             (3) No such regulation shall be made effective prior to the expiration of thirty days after the date of the order by which it is promulgated)).

             (((4))) (2) If the commissioner has cause to believe that any person is violating any such ((regulation)) rule or prohibition of this code, the commissioner may order such person to cease and desist therefrom. The commissioner shall deliver such order to such person direct or mail it to the person by registered mail with return receipt requested. If the person violates the order after expiration of ten days after the cease and desist order has been received by him or her, he or she may be fined by the commissioner a sum not to exceed two hundred and fifty dollars for each violation committed thereafter.

             (((5))) (3) If any such ((regulation)) rule or prohibition of this code is violated, the commissioner may take such other or additional action as is permitted under the insurance code for violation of a ((regulation)) rule or that prohibition.

             (4) Any permanent rule that was adopted by the commissioner under the authority of this section as it existed before the effective date of this section, and that was in effect as of the effective date of this section, shall, if otherwise valid, remain in effect until and unless it is repealed by the commissioner, who shall retain the authority to repeal any such rule, or is effectively repealed by an act of the legislature."


             On page 1, line 1 of the title, after "reform;" strike the remainder of the title and insert "amending RCW 34.05.322, 34.05.370, 34.05.620, 34.05.630, 34.05.640, 76.09.010, 76.09.040, 48.02.060, 48.44.050, 48.46.200, 34.05.328, 34.05.570, 34.05.375, 4.84.350, 48.04.010, and 48.30.010; reenacting and amending RCW 34.05.514; adding new sections to chapter 34.05 RCW; and adding a new section to chapter 43.22 RCW."


             Representative Mastin spoke in favor of adoption of the amendment.


             Representative Rust spoke against adoption of the amendment.


             Representative Mastin again spoke in favor of 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.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2747.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2747 and the bill passed the House by the following vote: Yeas - 69, Nays - 27, Absent - 0, Excused - 2.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 69.

             Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Jacobsen, Keiser, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Veloria and Wolfe - 27.

             Excused: Representatives Silver and Valle - 2.


             Engrossed Substitute House Bill No. 2747, having received the constitutional majority, was declared passed.


MOTION


             Representative Lisk: Having voted on the prevailing side moved that the House immediately reconsider the vote on Substitute House Bill No. 2745.


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2745 on reconsideration.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2745 on reconsideration and the bill passed the House by the following vote: Yeas - 73, Nays - 23, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wolfe and Mr. Speaker - 73.

             Voting nay: Representatives Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Hatfield, Jacobsen, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Regala, Rust, Scheuerman, Sommers, H., Tokuda and Veloria - 23.

             Excused: Representatives Silver and Valle - 2.


             Substitute House Bill No. 2745 on reconsideration, having received the constitutional majority, was declared passed.


MOTION


             Representative Lisk: Having voted on the prevailing side moved that the House immediately re-reconsider the vote on Substitute House Bill No. 2745.


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2745 on re-reconsideration.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2745 on re-reconsideration and the bill passed the House by the following vote: Yeas - 74, Nays - 22, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Patterson, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wolfe and Mr. Speaker - 74.

             Voting nay: Representatives Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Hatfield, Jacobsen, Mason, Morris, Murray, Ogden, Poulsen, Regala, Rust, Scheuerman, Sommers, H., Tokuda and Veloria - 22.

             Excused: Representatives Silver and Valle - 2.


             Substitute House Bill No. 2745 on re-reconsideration, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2748, by Representatives Mastin, Reams, Silver and Johnson

 

Implementing regulatory reform.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2748 was substituted for House Bill No. 2748 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2748 was read the second time.


             With the consent of the House, amendment number 173 to Substitute House Bill No. 2748 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 Mastin spoke in favor of passage of the bill.


             Representative H. Sommers spoke against passage of the bill.


POINT OF ORDER


             Representative Mastin: Thank you Mr. Speaker. Could you please ask the lady from the 46th District to stick to the issue at hand and not speak to bills that have already passed the House.


             Representative Mastin again 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. 2748.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2748 and the bill passed the House by the following vote: Yeas - 71, Nays - 25, Absent - 0, Excused - 2.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Dellwo, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 71.

             Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dickerson, Fisher, R., Jacobsen, Keiser, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Regala, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Veloria and Wolfe - 25.

             Excused: Representatives Silver and Valle - 2.


             Substitute House Bill No. 2748, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of House Bill No. 2853 and the bill held it's place on the second reading calendar.


             HOUSE BILL NO. 2929, by Representatives Carlson, Huff, Jacobsen, Foreman, Sehlin and Silver

 

Requiring a higher education technology plan.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2929 was substituted for House Bill No. 2929 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2929 was read the second time.


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


             On page 4, after line 13, insert the following:

             "Sec. 7. RCW 43.105.032  and 1992 c 20 s 8 are each amended to read as follows:

             There is hereby created the Washington state information services board. The board shall be composed of ((nine)) twelve members. ((Seven)) Eight members shall be appointed by the governor, one of ((which)) whom shall be a representative of higher education, one of whom shall be a representative of K-12 education, one of ((which)) whom shall be a representative of an agency under a state-wide elected official other than the governor, and ((one)) two of ((which)) whom shall be ((a)) representatives of the private sector. One member shall represent the judicial branch and be appointed by the chief justice of the supreme court. ((One member shall represent the legislative branch and shall be selected by the president of the senate and the speaker of the house of representatives.)) One member shall represent the house of representatives and shall be selected by the speaker of the house of representatives, and one member shall represent the senate and shall be appointed by the president of the senate. The representatives of the house of representatives and senate shall not be from the same political party. These members shall constitute the membership of the board with full voting rights. Members of the board shall serve at the pleasure of the appointing authority. The director shall be ((an ex officio, nonvoting)) a voting member of the board. The board shall select a chairperson from among its members.

             Vacancies shall be filled in the same manner that the original appointments were made.

             A majority of the members of the board shall constitute a quorum for the transaction of business.

             Members of the board shall be compensated for service on the board in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060."


Renumber sections consecutively and correct the title and internal references accordingly.


             Representatives Huff and Carlson spoke in favor of 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 Huff and Jacobsen 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. 2929.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2929 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.

             Voting nay: Representative Costa - 1.

             Excused: Representative Silver - 1.


             Engrossed Substitute House Bill No. 2929, having received the constitutional majority, was declared passed.


             SUBSTITUTE HOUSE BILL NO. 1938, by House Committee on Financial Institutions & Insurance (originally sponsored 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, Second Substitute House Bill No. 1938 was substituted for Substitute House Bill No. 1938 and the second substitute bill was placed on the second reading calendar.


             Second 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 Smith and Beeksma spoke in favor of passage of the bill.


             Representative Keiser spoke against passage of the bill.


             The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 1938.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1938 and the bill passed the House by the following vote: Yeas - 63, Nays - 34, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 63.

             Voting nay: Representatives Appelwick, Basich, Benton, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 34.

             Excused: Representative Silver - 1.


             Second Substitute House Bill No. 1938, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2279, by Representatives Hargrove, Chappell, Goldsmith, Hymes, McMahan, Pelesky and Johnson

 

Specifying the status of challenged growth management regulations during a period of remand.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2279 was substituted for House Bill No. 2279 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2279 was read the second time.


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


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 36.70A.300 and 1995 c 347 s 110 are each amended to read as follows:

             (1) The board shall issue a final order within one hundred eighty days of receipt of the petition for review, or, when multiple petitions are filed, within one hundred eighty days of receipt of the last petition that is consolidated. Such a final order shall be based exclusively on whether or not a state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to plans, development regulations, and amendments thereto, adopted under RCW 36.70A.040 or chapter 90.58 RCW. In the final order, the board shall either: (a) Find that the state agency, county, or city is in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs; or (b) find that the state agency, county, or city is not in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, in which case the board shall remand the matter to the affected state agency, county, or city and specify a reasonable time not in excess of one hundred eighty days within which the state agency, county, or city shall comply with the requirements of this chapter.

             (2) A finding of noncompliance and an order of remand shall not affect the validity of comprehensive plans and development regulations during the period of remand((, unless the board's final order also:

             (a) Includes a determination, supported by findings of fact and conclusions of law, that the continued validity of the plan or regulation would substantially interfere with the fulfillment of the goals of this chapter; and

             (b) Specifies the particular part or parts of the plan or regulation that are determined to be invalid, and the reasons for their invalidity.

             (3) A determination of invalidity shall:

             (a) Be prospective in effect and shall not extinguish rights that vested under state or local law before the date of the board's order; and

             (b) Subject any development application that would otherwise vest after the date of the board's order to the local ordinance or resolution that both is enacted in response to the order of remand and determined by the board pursuant to RCW 36.70A.330 to comply with the requirements of this chapter.

             (4) If the ordinance that adopts a plan or development regulation under this chapter includes a savings clause intended to revive prior policies or regulations in the event the new plan or regulations are determined to be invalid, the board shall determine under subsection (2) of this section whether the prior policies or regulations are valid during the period of remand)). All development permits shall vest under such comprehensive plan or development regulations until new comprehensive plan or development regulations are adopted.

             (((5))) (3) Any party aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days of the final order of the board.


             Sec. 2. RCW 36.70A.330 and 1995 c 347 s 112 are each amended to read as follows:

             (1) After the time set for complying with the requirements of this chapter under RCW 36.70A.300(1)(b) has expired, or at an earlier time upon the motion of a county or city ((subject to a determination of invalidity under RCW 36.70A.300)), the board shall set a hearing for the purpose of determining whether the state agency, county, or city is in compliance with the requirements of this chapter.

             (2) The board shall conduct a hearing and issue a finding of compliance or noncompliance with the requirements of this chapter. A person with standing to challenge the legislation enacted in response to the board's final order may participate in the hearing along with the petitioner and the state agency, city, or county. A hearing under this subsection shall be given the highest priority of business to be conducted by the board, and a finding shall be issued within forty-five days of the filing of the motion under subsection (1) of this section with the board.

             (3) If the board finds that the state agency, county, or city is not in compliance, the board shall transmit its finding to the governor. The board may recommend to the governor that the sanctions authorized by this chapter be imposed.

             (((4) The board shall also reconsider its final order and decide:

             (a) If a determination of invalidity has been made, whether such a determination should be rescinded or modified under the standards in RCW 36.70A.300(2); or

             (b) If no determination of invalidity has been made, whether one now should be made under the standards in RCW 36.70A.300(2).

             The board shall schedule additional hearings as appropriate pursuant to subsections (1) and (2) of this section.))


             NEW SECTION. Sec. 3. It is the intent of the legislature that the authority given to growth management hearings boards in chapter 347, Laws of 1995 to determine that a plan or regulation is invalid is null and void. Any such determination of invalidity made at any time is null, void, and of no effect. The legislature intends that this act have retroactive application and apply to determinations made before, on, and after the effective date of this act."


             On page 1, line 1 of the title, after "decisions;" strike the remainder of the title and insert "amending RCW 36.70A.300 and 36.70A.330; and creating a new section."


             Representatives Hargrove and Campbell spoke in favor of adoption of the amendment.


             Representative Basich spoke against 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 Hargrove, Morris and Hymes 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 Engrossed Substitute House Bill No. 2279.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2279 and the bill passed the House by the following vote: Yeas - 66, Nays - 31, Absent - 0, Excused - 1.

             Voting yea: Representatives Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Keiser, Koster, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Patterson, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 66.

             Voting nay: Representatives Appelwick, Backlund, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Hatfield, Jacobsen, Kessler, Lambert, Mason, Murray, Ogden, Poulsen, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 31.

             Excused: Representative Silver - 1.


             Engrossed Substitute House Bill No. 2279, having received the constitutional majority, was declared passed.


STATEMENTS FOR THE JOURNAL


             I intended to vote NAY on Engrossed Substitute House Bill No. 2279.


JULIA PATTERSON, 33rd District


             I intended to vote NAY on Engrossed Substitute House Bill No. 2279.


KAREN KEISER, 33rd District


MOTION


             Representative K. Schmidt: Having voted on the prevailing side moved that the House immediately reconsider the vote on Second Substitute House Bill No. 1938.


             The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 1938 on reconsideration.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1938 on reconsideration and the bill passed the House by the following vote: Yeas - 63, Nays - 34, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 63.

             Voting nay: Representatives Appelwick, Basich, Brown, Campbell, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 34.

             Excused: Representative Silver - 1.


             Second Substitute House Bill No. 1938 on reconsideration, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote NAY on Second Substitute House Bill No. 1938.


DON BENTON, 17th District


             HOUSE BILL NO. 2370, by Representatives Honeyford, Grant, Buck, Koster, D. Schmidt, Smith, Sheldon, Clements, Johnson, Benton, Skinner, Fuhrman, Basich, Sherstad, Hargrove, Boldt, Campbell, McMorris, Pennington, Thompson, Mulliken and McMahan

 

Allowing counties with less than seventy-five thousand population to opt out of growth management planning requirements.


             The bill was read the second time.


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


             On page 1, line 16, beginning with "the county" strike all the matter through "is" on page 2, line 2, and insert "((the county legislative authority of)) such a county with a population of less than ((fifty)) seventy-five thousand ((population may adopt a resolution removing the county)), and the cities located within the county, shall be removed from the requirement((s of adopting comprehensive land use plans and development regulations under this chapter)) of planning under this section if ((this)): (a) the county legislative authority adopts a resolution removing the county and the cities in the county from this requirement; (b) the governing bodies of at least sixty percent of the cities in the county, that include at least seventy-five percent of the city population in the county, adopt resolutions approving the removal; and (c) these resolutions ((is)) are"


             On page 2, line 23, beginning with "seventy-five" strike all the matter through "is" on line 27, and insert "less than seventy-five thousand, and the cities located in the county, that plan under this section, as a result of the county legislative authority having adopted a resolution of intention under this subsection before the effective date of this act establishing that requirement, may remove the county and cities from this requirement if: (a) the county legislative authority adopts a resolution removing the county and the cities in the county from this requirement; (b) the governing bodies of at least sixty percent of the cities in the county, that include at least seventy-five percent of the city population in the county, adopt resolutions approving the removal; and (c) these resolutions are"


             On page 2, line 33, after "requirements" insert "and the requisite cities adopt resolutions approving the removal"


             On page 3, line 28, after "requirements" insert "and the requisite cities have not adopted resolutions approving the removal"


             Representative Rust spoke in favor of adoption of the amendment.


             Representative Honeyford spoke against adoption of the amendment.


             The amendment was not adopted.


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


             Representative Honeyford 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 House Bill No. 2370.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2370 and the bill passed the House by the following vote: Yeas - 68, Nays - 29, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 68.

             Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Fisher, R., Jacobsen, Keiser, Mason, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 29.

             Excused: Representative Silver - 1.


             House Bill No. 2370, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2476, by Representatives Boldt, Mulliken, Stevens, Beeksma, Cooke and Goldsmith

 

Requiring a determination of paternity for receiving certain benefits.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2476 was substituted for House Bill No. 2476 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2476 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 Boldt and Brown 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. 2476.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2476 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, Blanton, 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, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Silver - 1.


             Substitute House Bill No. 2476, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2485, by Representatives H. Sommers, Rust, Reams, Scheuerman, Regala, Kessler, Costa, Chopp, Murray, Conway, Valle, Tokuda, Basich, Wolfe, Patterson, Dellwo and Linville

 

Reducing property tax assessments in response to government restrictions.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2485 was substituted for House Bill No. 2485 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2485 was read the second time.


             Representative H. Sommers moved the adoption of the following amendment by Representative H. Sommers:


             On page 2, line 6, after "(4)" insert "If the assessor reduces the valuation of a property using the process under this section, the property owner shall be entitled to a refund on property taxes paid on this property calculated as follows:

             (a) A property owner is entitled to receive a refund for each year after the restriction was adopted, but not to exceed three years, that the taxpayer paid property taxes on the property based upon the prior higher valuation.

             (b) The amount of the refund in each year shall be the amount of reduced valuation on the property for that year, multiplied by the rate of property taxes imposed on the property in that year.

             (5)"


             Representative H. Sommers spoke in favor of 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 H. Sommers 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. 2485.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2485 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, Blanton, 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, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Silver - 1.


             Engrossed Substitute House Bill No. 2485, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2668, by Representatives Hargrove, Sheahan, McMahan, Sterk, Delvin and Thompson

 

Prescribing procedures for capital punishment sentencing.


             The bill was read the second time.


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


             On page 2, beginning on line 26, strike all of section 2

             Renumber the remaining section and correct the title accordingly


             Representative Dellwo spoke in favor of adoption of the amendment.


             Representatives Hargrove and Sheahan spoke against adoption of the amendment.


             The amendment was not adopted.


             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.


             Representative Dellwo spoke against passage of the bill.


             The Speaker stated the question before the House to be final passage of House Bill No. 2668.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2668 and the bill passed the House by the following vote: Yeas - 70, Nays - 27, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Costa, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Pelesky, Pennington, Quall, Radcliff, Reams, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 70.

             Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Dellwo, Dickerson, Fisher, R., Hickel, Jacobsen, Keiser, Linville, Mason, Murray, Ogden, Patterson, Poulsen, Regala, Robertson, Romero, Rust, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 27.

             Excused: Representative Silver - 1.


             House Bill No. 2668, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2669, by Representatives Hargrove, Boldt, Koster, Sherstad, Wolfe, Chappell, Goldsmith, Benton and Johnson

 

Revising associations of local governments.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2669 was substituted for House Bill No. 2669 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2669 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.


             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. 2669.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2669 and the bill passed the House by the following vote: Yeas - 64, Nays - 33, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Horn, Huff, Hymes, Johnson, Keiser, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Patterson, Pelesky, Pennington, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wolfe and Mr. Speaker - 64.

             Voting nay: Representatives Appelwick, Basich, Brown, Chandler, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Hatfield, Honeyford, Jacobsen, Kessler, Mason, Murray, Ogden, Poulsen, Quall, Regala, Robertson, Romero, Rust, Scheuerman, Scott, Sommers, H., Sterk, Tokuda, Valle and Veloria - 33.

             Excused: Representative Silver - 1.


             Substitute House Bill No. 2669, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2832, by Representatives Chandler, K. Schmidt, Scheuerman and Blanton

 

Reinstituting rail service in the Milwaukee Road corridor.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2832 was substituted for House Bill No. 2832 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2832 was read the second time.


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


             On page 1, line 16 after "viability of" insert "both conventional and intermodal"

             On page 3, line 11, strike all of subsection (5) and insert the following:

             "(5)      Requiring the franchisee to provide, or make provisions for, adequate local rail service to shippers along the line. The franchise agreement shall grant the state of Washington legal standing and the obligation to enforce the provisions for adequate local rail service;

             (6)        Requiring the franchisee, upon reasonable request of any other rail operator, to provide rail service and interchange freight over what is commonly known as the Stampede Pass rail line from Cle Elum to Auburn at commercially reasonable rates.

             (7)        If any part of the franchise agreement is invalidated by actions or rulings of the federal surface transportation board or any court of competent jurisdiction, the remaining portions of the franchise agreement are not affected."


             Representatives Chandler and R. Fisher spoke in favor of 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 Chandler, R. Fisher, Basich and K. Schmidt spoke in favor of passage of the bill.


             Representative Jacobsen spoke against passage of the bill.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2832.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2832 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.

             Voting nay: Representative Jacobsen - 1.

             Excused: Representative Silver - 1.


             Engrossed Substitute House Bill No. 2832, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of House Bill No. 2926 and the bill held it's place on the second reading calendar.


             HOUSE BILL NO. 2944, by Representative Dyer

 

Affirming and clarifying the legislative authority to treat the initial rate set for refurbished and new nursing facilities as that rate which is established on July 1, 1995, for purposes of applying the eighty-five percent minimum occupancy requirement.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2944 was substituted for House Bill No. 2944 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2944 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. 2944.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2944 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, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Conway, Cooke, Crouse, Dellwo, Delvin, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wolfe and Mr. Speaker - 86.

             Voting nay: Representatives Chopp, Cole, Costa, Dickerson, Mason, Murray, Rust, Sommers, H., Tokuda, Valle and Veloria - 11.

             Excused: Representative Silver - 1.


             Substitute House Bill No. 2944, having received the constitutional majority, was declared passed.


             There being no objection, the House advanced to the seventh order.


THIRD READING


             ENGROSSED SUBSTITUTE HOUSE BILL NO. 2707, by House Committee on Law & Justice (originally sponsored by Representatives Honeyford, Linville, McMahan, Brumsickle, Clements, Sterk, Pelesky, Smith, Delvin, Radcliff, Koster, Silver, Cooke, Blanton, Hymes, McMorris, Basich, Elliot and Johnson)

 

Adopting provisions to improve school safety.


             The bill was read the third time.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2707.


             Representatives Honeyford, Dellwo and Linville spoke in favor of passage of the bill.


             Representative Cole spoke against passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2707 and the bill passed the House by the following vote: Yeas - 78, Nays - 19, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Costa, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Patterson, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Valle, Van Luven, Wolfe and Mr. Speaker - 78.

             Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Dellwo, Dickerson, Fisher, R., Hatfield, Jacobsen, Mason, Murray, Ogden, Poulsen, Regala, Romero, Rust, Tokuda and Veloria - 19.

             Excused: Representative Silver - 1.


             Engrossed Substitute House Bill No. 2707, 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. 2644, House Bill No. 2665, House Bill No. 2049, House Bill No. 2198, House Bill No. 2592, House Bill No. 2510, House Bill No. 2853, House Bill No. 2780, House Bill No. 2951 and House Bill No. 2841.


             HOUSE BILL NO. 2644, by Representatives Lambert, Valle, Boldt and Thompson

 

Concerning child sex offenses.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2644 was substituted for House Bill No. 2644 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2644 was read the second time.


             With the consent of the House, amendment number 115 to Substitute House Bill No. 2644 was withdrawn.


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


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 9A.44 RCW to read as follows:

             (1) A person is guilty of rape of a child in the fourth degree when the person has sexual intercourse with another who is at least sixteen years old but less than eighteen years old and not married to the perpetrator and the perpetrator is at least ten years older than the victim.

             (2) Rape of a child in the fourth degree is a gross misdemeanor.


             NEW SECTION. Sec. 2. A new section is added to chapter 9A.44 RCW to read as follows:

             (1) A person is guilty of child molestation in the fourth degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least sixteen years old but less than eighteen years old and not married to the perpetrator and the perpetrator is at least ten years older than the victim.

             (2) Child molestation in the fourth degree is a gross misdemeanor.


              NEW SECTION. Sec. 3. A new section is added to chapter 9A.44 RCW to read as follows:

             In a prosecution under sections 1 or 2 of this act, it is an affirmative defense that the defendant must prove by a preponderance of the evidence, that the defendant did not know that the minor was sixteen or seventeen years of age.


             NEW SECTION. Sec. 4. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."


             Correct the title accordingly


             Representatives Lambert, Morris and Sterk spoke in favor of 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 Lambert and Mason 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. 2644.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2644 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, Blanton, 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, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Silver - 1.


             Engrossed Substitute House Bill No. 2644, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2665, by Representative Hargrove

 

Clarifying the general policy behind regional planning requirements.


             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.


             Representative Rust spoke against passage of the bill.


             The Speaker stated the question before the House to be final passage of House Bill No. 2665.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2665 and the bill passed the House by the following vote: Yeas - 68, Nays - 29, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 68.

             Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Jacobsen, Keiser, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 29.

             Excused: Representative Silver - 1.


             House Bill No. 2665, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2049, by Representatives Sheahan, Padden, Appelwick and Dellwo; by request of Administrator for the Courts

 

Authorizing Spokane county to add one additional superior court judge.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2049 was substituted for House Bill No. 2049 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2049 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 Sheahan 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. 2049.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2049 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, Blanton, 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, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Silver - 1.


             Substitute House Bill No. 2049, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2198, by Representatives Mastin, Chandler, Schoesler, Lisk, Mulliken, Grant, Honeyford, Koster, Delvin, Robertson, Campbell, Horn and Johnson

 

Reopening the water rights claim filing period.


             The bill was read the second time. There being no objection, Second Substitute House Bill No. 2198 was substituted for House Bill No. 2198 and the substitute bill was placed on the second reading calendar.


             Second Substitute House Bill No. 2198 was read the second time.


             Representative Regala moved adoption of the following amendment by Representative Regala.


             On page 1, line 19, after "section." insert "This section shall not apply to claims for rights to use water withdrawn from within the boundaries of a federal Indian reservation."


             Representative Regala spoke in favor of adoption of the amendment.


             Representative Mastin spoke against adoption of the amendment.


             The amendment was not adopted.


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


             Representative Mastin spoke in favor of passage of the bill.


             Representative Regala spoke against passage of the bill.


             The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 2198.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 2198 and the bill passed the House by the following vote: Yeas - 71, Nays - 26, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Dellwo, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 71.

             Voting nay: Representatives Appelwick, Chopp, Cody, Cole, Conway, Costa, Dickerson, Fisher, R., Jacobsen, Keiser, Kessler, Mason, Murray, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 26.

             Excused: Representative Silver - 1.


             Second Substitute House Bill No. 2198, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2592, by Representatives B. Thomas, Morris and Boldt; by request of Department of Revenue

 

Providing consistency to penalty and interest administration of the department of revenue.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2592 was substituted for House Bill No. 2592 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2592 was read the second time.


             Representative B. Thomas moved the adoption of the following amendment by Representative B. Thomas:


             On page 4, line 4, strike section 5.


             Renumber sections consecutively, correct any internal references accordingly, and correct the title.


             Representative B. Thomas spoke in favor of 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 B. 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. 2592.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2592 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, Blanton, 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, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Silver - 1.


             Engrossed Substitute House Bill No. 2592, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2510, by Representatives Thompson, Quall, L. Thomas, Clements, D. Schmidt, Blanton, Buck, Schoesler, Cairnes and Conway

 

Changing social card game provisions.


             The bill was read the second time.


             Representative K. Schmidt moved the adoption of the following amendment by Representative K. Schmidt:


             On page 2, beginning on line 1, after "winnings" strike all material through "commission" on line 5

             On page 2, beginning on line 6, after "person" strike all material through "cardroom" on line 7


             Representative K. Schmidt spoke in favor of adoption of the amendment.


             The amendment was adopted.


MOTION


             On motion of Representative Appelwick, Representative Brown was excused.


             The Speaker called on Representative Horn to preside.


             Representative K. Schmidt moved the adoption of the following amendment by Representative K. Schmidt:


             On page 2, after line 21, insert the following:

             "NEW SECTION. Sec. 2.          One million dollars is appropriated from the general fund state to be deposited in the gambling revolving fund as established in RCW 9.46.100."


Correct the title accordingly.


             Representative K. Schmidt spoke in favor of 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 Thompson, Romero and Conway spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2510.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2510 and the bill passed the House by the following vote: Yeas - 83, Nays - 13, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Fuhrman, Goldsmith, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Keiser, Kessler, Koster, Linville, Lisk, Mason, Mastin, McMorris, Mitchell, Morris, Murray, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Sommers, H., Sterk, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria and Wolfe - 83.

             Voting nay: Representatives Backlund, Casada, Foreman, Hargrove, Johnson, Lambert, McMahan, Mulliken, Pennington, Smith, Sommers, D., Stevens and Mr. Speaker - 13.

             Excused: Representatives Brown and Silver - 2.


             Engrossed House Bill No. 2510, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2853, by Representative Boldt

 

Providing excise tax exemptions related to horses.


             The bill was read the second time.


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


             On page 1, line 10, strike section 2


             Renumber sections consecutively, correct any internal references accordingly, and correct the title.


             Representative Boldt spoke in favor of 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 Boldt and Dickerson spoke in favor of passage of the bill.


             Representative Boldt again spoke in favor of passage of the bill.


             Representative Mason spoke against passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2853.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2853 and the bill passed the House by the following vote: Yeas - 57, Nays - 39, Absent - 0, Excused - 2.

             Voting yea: Representatives Backlund, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Honeyford, Horn, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mulliken, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 57.

             Voting nay: Representatives Appelwick, Ballasiotes, Basich, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Fisher, R., Hatfield, Hickel, Hymes, Jacobsen, Keiser, Kessler, Linville, Mason, Mitchell, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Schmidt, K., Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 39.

             Excused: Representatives Brown and Silver - 2.


             Engrossed House Bill No. 2853, having received the constitutional majority, was declared passed.


MOTION


             Representative Beeksma: Having voted on the prevailing side moved that the House immediately reconsider the vote on Engrossed House Bill No. 2510.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2510 on reconsideration.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2510 on reconsideration and the bill passed the House by the following vote: Yeas - 83, Nays - 13, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Ballasiotes, Basich, Beeksma, Benton, Blanton, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Fuhrman, Goldsmith, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Keiser, Kessler, Koster, Linville, Lisk, Mason, Mastin, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Sommers, H., Sterk, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria and Wolfe - 83.

             Voting nay: Representatives Backlund, Boldt, Casada, Foreman, Hargrove, Johnson, Lambert, McMahan, Pennington, Smith, Sommers, D., Stevens and Mr. Speaker - 13.

             Excused: Representatives Brown and Silver - 2.


             Engrossed House Bill No. 2510 on reconsideration, having received the constitutional majority, was declared passed.


             There being no objection, all bills passed today were immediately transmitted to the Senate.


             The Speaker (Representative Horn presiding) declared the House to be at ease.


             The Speaker called the House to order.


             HOUSE BILL NO. 2780, by Representatives Chandler and L. Thomas

 

Insuring private schools.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2780 was substituted for House Bill No. 2780 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2780 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 Keiser 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. 2780.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2780 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, Blanton, 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, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Silver - 1.


             Substitute House Bill No. 2780, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2951, by Representatives Carrell, B. Thomas, Chandler, Pennington, Smith, Campbell, Dyer, Mulliken, Pelesky, L. Thomas, Cooke, Thompson, Lisk, Foreman, Huff, Benton, Cairnes, Van Luven, Blanton, D. Schmidt, Radcliff, Brumsickle, Talcott, Backlund, Casada, Sherstad, Boldt, Hymes, Lambert, Beeksma, Delvin, Stevens, Johnson, Sterk, Carlson, Schoesler, Sheahan, Honeyford, Buck, Robertson, McMahan, D. Sommers, Silver, Skinner, Fuhrman, McMorris, Mastin, Koster, Hargrove, Ballasiotes and Sheldon

 

Reducing property taxes while preserving fair market value as the proper basis of property taxation.


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


             On page 1, after line 7, insert the following:


             "NEW SECTION. Sec. 1. (1) A joint select property tax reform study committee is hereby created, composed of twelve members, with six members of the senate, three from each of the two largest caucuses, to be appointed by the president of the senate; and six members of the house of representatives, three from each of the two largest caucuses, to be appointed by the speaker of the house of representatives. The speaker of the house of representatives and the president of the senate shall designate cochairs of the committee. Staff support for the committee shall be provided by senate committee services and house of representatives office of program research as mutually agreed by the cochairs of the committee. The committee may also use the research services provided to the legislature by the department of revenue under RCW 82.01.060(4).

             (2) The committee shall complete a thorough review of Washington's property tax system, addressing at least the following issues:

             (a) The advisability of enacting a property tax deferral program as a method of alleviating the effects of large and unanticipated increases in taxes on residential property; and

             (b) The effect of any proposed property tax reforms on:

             (i) The ability of local governments, including both senior and junior taxing districts, to provide essential services;

             (ii) The tax burdens upon commercial and residential taxpayers, and upon residential taxpayers by age and income group; and

             (iii) Real estate values, housing markets, and construction of and access to new housing.

             (3) The committee shall submit its final report to the legislature before January 1, 1997."


             Renumber the sections consecutively and correct any internal references and the title accordingly.


             Representative Dickerson moved the adoption of the following amendment to the amendment by Representative Dickerson:


             Beginning on page 1, after line 5 of the amendment, strike the remainder of the amendment and insert the following:


             "Sec. 1. RCW 84.38.010 and 1975 1st ex.s. c 291 s 26 are each amended to read as follows:

             (1) The legislature finds that savings once deemed adequate for retirement living have been rendered inadequate by increased tax rates, increased property values, and the failure of pension systems to adequately reflect such factors. It is therefore deemed necessary that the legislature, in addition to that tax exemption as provided for in RCW 84.36.381 through 84.36.389 as now or hereafter amended, allow retired persons to defer payment of special assessments on their residences, and to defer their real property tax obligations on their residences, an amount of up to eighty percent of their equity in said property. ((This deferral program)) The deferral provided under RCW 84.38.030 is intended to assist retired persons in maintaining their dignity and a reasonable standard of living by residing in their own homes, providing for their own needs, and managing their own affairs without requiring assistance from public welfare programs.

             (2) The legislature also finds that large and unanticipated increases in taxes on residential property, usually attributable to rapid increases in property values, cause undue and excessive hardships for many homeowners. These increased tax burdens put many of these homeowners at risk of being unable to remain in their residences and maintain their property. Temporary financial hardships, such as unemployment or medical costs, may also cause some homeowners to have insufficient resources to pay property tax bills. The legislature therefore intends to provide such distressed taxpayers with the ability to defer taxes due so that they will be able to remain in their homes while still paying an equitable share of the overall property tax burden.


             NEW SECTION. Sec. 2. A new section is added to chapter 84.38 RCW to read as follows:

             A claimant may defer payment of that amount of real property taxes that exceeds six percent of the claimant's combined disposable income, but not to exceed two thousand five hundred dollars per year, if the following conditions are met:

             (1) The property taxes must have been imposed upon a residence that was occupied by the claimant as a principal place of residence as of January 1st of the year in which the taxes are due, subject to the exceptions allowed under RCW 84.36.381(1);

             (2) The total amount deferred by a claimant under this chapter may not exceed eighty percent of the claimant's equity value in the claimant's residence; and

             (3) The claimant must meet the conditions of RCW 84.38.030 (4) and (5).


             Sec. 3. RCW 84.38.050 and 1979 ex.s. c 214 s 8 are each amended to read as follows:

             (1)(a) Declarations to defer property taxes for all years following the first year under RCW 84.38.030 may be made by filing with the county assessor no later than thirty days before the tax is due a renewal form in duplicate, prescribed by the department of revenue and supplied by the county assessor, which affirms the continued eligibility of the claimant.

             (b) In January of each year, the county assessor shall send to each claimant who has been granted deferral of ad valorem taxes for the previous year under RCW 84.38.030 renewal forms and notice to renew.

             (2) Declarations to defer special assessments shall be made by filing with the assessor no later than thirty days before the special assessment is due on a form to be prescribed by the department of revenue and supplied by the county assessor. Upon approval, the full amount of special assessments upon such claimant's residence shall be deferred but not to exceed an amount equal to eighty percent of the claimant's equity value in said property."


             Renumber the sections consecutively and correct internal references and the title accordingly.


             Representatives Dickerson, Brown and Morris spoke in favor of adoption of the amendment to the amendment.


             Representative L. Thomas spoke against adoption of the amendment to the amendment.


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


ROLL CALL


             The Clerk called the roll on the adoption of the amendment to the amendment beginning on page 1, after line 5, to House Bill No. 2951 and the amendment was not adopted by the following vote: Yeas - 35, Nays - 62, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 35.

             Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 62.

             Excused: Representative Silver - 1.


             With the consent of the House, amendment number 219 to House Bill No. 2951 was withdrawn.


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


             Beginning on page 2, line 14, strike all material through "year." on page 3, line 2, and insert the following:


             "Sec. 1. RCW 84.55.005 and 1994 c 301 s 49 are each amended to read as follows:

             As used in this chapter((, the term)):

             (1) "Regular property taxes" has the meaning given it in RCW 84.04.140, and also includes amounts received in lieu of regular property taxes.

             (2) "Inflation" means the percentage change in the implicit price deflator for the United States for each calendar year as published by the United States department of commerce.

             (3) "Population change" means the percentage change in district population for each year as reported by the office of financial management.

             (4) "Fiscal growth factor" means the average of the sum of inflation and population change for each of the prior three calendar years.


             NEW SECTION. Sec. 2. A new section is added to chapter 84.55 RCW to read as follows:

             Except as provided in this chapter, the levy for districts other than junior districts, as defined in RCW 84.52.043, in any year shall be set so that the regular property taxes payable in the following year shall not exceed the lesser of one hundred six percent or one hundred percent plus the fiscal growth factor, multiplied by the amount of regular property taxes lawfully levied for the state in the highest of the three most recent years in which such taxes were levied for such district, plus an additional dollar amount calculated by multiplying the increase in assessed value in that district resulting from new construction, improvements to property, and any increase in the assessed value of state-assessed property by the regular property tax levy rate of the state for the preceding year."


             Representative Morris spoke in favor of adoption of the amendment.


             Representative B. Thomas spoke against adoption of the amendment.


             The amendment was not adopted.


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


             On page 5, line 5, after "due;" strike "and"


             On page 5, line 7, after "interest" insert ";

             (i) The total taxes due as a result of regular property taxes together with an indication of the percentage increase from the previous year's total; and

             (j) The total taxes due as a result of excess levies approved by the voters and any special assessments together with an indication of the percentage increase from the previous year's total"


             Representative Morris spoke in favor of adoption of the amendment.


             Representative B. Thomas spoke against adoption of the amendment.


             The amendment was not adopted.


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


             On page 14, line 18, strike section 13 and insert:

             "NEW SECTION. Sec. 13. "Sections 4, 5, 8, and 9 of this act are effective for taxes levied for collection in 1997 and thereafter. Sections 6 and 7 of this act are effective for taxes levied for collection in 1998 and thereafter."


             Representative Beeksma spoke in favor of adoption of the amendment.


             The amendment was adopted.


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


             On page 14, after line 32, insert the following:


             "Sec. 1. RCW 84.40.030 and 1994 c 124 s 20 are each amended to read as follows:

             All property shall be valued at one hundred percent of its true and fair value in money and assessed on the same basis unless specifically provided otherwise by law.

             Taxable leasehold estates shall be valued at such price as they would bring at a fair, voluntary sale for cash without any deductions for any indebtedness owed including rentals to be paid.

             The true and fair value of real property for taxation purposes (including property upon which there is a coal or other mine, or stone or other quarry) shall be based upon the most probable and most reasonable use of the real property using the following criteria:

             (1) Any sales of the property being appraised or similar properties with respect to sales made within the past five years. The appraisal shall be consistent with the comprehensive land use plan, development regulations under chapter 36.70A RCW, zoning, and any other governmental policies or practices in effect at the time of appraisal that affect the use of property, as well as physical and environmental influences. The appraisal shall also take into account: (a) In the use of sales by real estate contract as similar sales, the extent, if any, to which the stated selling price has been increased by reason of the down payment, interest rate, or other financing terms; and (b) the extent to which the sale of a similar property actually represents the general effective market demand for property of such type, in the geographical area in which such property is located. Sales involving deed releases or similar seller-developer financing arrangements shall not be used as sales of similar property.

             (2) In addition to sales as defined in subsection (1), consideration may be given to cost, cost less depreciation, reconstruction cost less depreciation, or capitalization of income that would be derived from prudent use of the property. In the case of property of a complex nature, or being used under terms of a franchise from a public agency, or operating as a public utility, or property not having a record of sale within five years and not having a significant number of sales of similar property in the general area, the provisions of this subsection (2) shall be the dominant factors in valuation. When provisions of this subsection (2) are relied upon for establishing values the property owner shall be advised upon request of the factors used in arriving at such value.

             (3) In valuing any tract or parcel of real property, the value of the land, exclusive of structures thereon shall be determined; also the value of structures thereon, but the valuation shall not exceed the value of the total property as it exists. In valuing agricultural land, growing crops shall be excluded."


             Representative Scott spoke in favor of adoption of the amendment.


             Representative B. Thomas spoke against adoption of the amendment.


             The amendment was not adopted.


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


             On page 14, after line 32, insert the following:


             "NEW SECTION. Sec. 1. This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."


             Correct the title accordingly.


             Representative Brown spoke in favor of adoption of the amendment.


             Representative B. Thomas spoke against adoption of the amendment.


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


ROLL CALL


             The Clerk called the roll on the adoption of the amendment on page 14, after line 32, to House Bill No. 2951 and the amendment was not adopted by the following vote: Yeas - 40, Nays - 57, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Goldsmith, Grant, Hargrove, Hatfield, Hymes, Jacobsen, Keiser, Kessler, Linville, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Schmidt, D., Scott, Sheldon, Sherstad, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 40.

             Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Hankins, Hickel, Honeyford, Horn, Huff, Johnson, Koster, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, K., Schoesler, Sehlin, Sheahan, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 57.

             Excused: Representative Silver - 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 Carrell, Chappell and Hargrove spoke in favor of passage of the bill.


             Representatives Morris and Sheldon spoke against passage of the bill.


             The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2951.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2951 and the bill passed the House by the following vote: Yeas - 75, Nays - 22, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, 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, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Patterson, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Romero, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wolfe and Mr. Speaker - 75.

             Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Costa, Dellwo, Dickerson, Fisher, R., Jacobsen, Mason, Morris, Murray, Ogden, Poulsen, Regala, Rust, Scott, Sommers, H., Tokuda, Valle and Veloria - 22.

             Excused: Representative Silver - 1.


             Engrossed House Bill No. 2951, having received the constitutional majority, was declared passed.


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


THIRD READING


             ENGROSSED HOUSE BILL NO. 2841, by Representatives Carrell, B. Thomas, Mulliken, Cooke, Hymes, Chandler, Foreman, Hargrove, McMorris, Lambert, Talcott, Mastin, Lisk, Johnson, Clements, Mitchell, Skinner, Sherstad, Koster, K. Schmidt, L. Thomas, Campbell, Smith, Goldsmith, Backlund, Elliot, Boldt, Thompson, McMahan, Dyer, Huff, Carlson, Robertson, Quall, Reams and Hickel

 

Limiting property tax increases additionally to the rate of inflation.


             The bill was read the third time.


             The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2841.


             Representatives Carrell, Morris, Hargrove and Foreman spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2841 and the bill passed the House by the following vote: Yeas - 93, Nays - 4, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wolfe and Mr. Speaker - 93.

             Voting nay: Representatives Cole, Rust, Sommers, H. and Valle - 4.

             Excused: Representative Silver - 1.


             Engrossed House Bill No. 2841, having received the constitutional majority, was declared passed.


             The Speaker declared the House to be at ease.


             The Speaker called the House to order.


             ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1481, by House Committee on Appropriations (originally sponsored by Representatives Cooke, Lambert, Mielke, Van Luven, Elliot, Schoesler, D. Schmidt, Sherstad, Huff, Buck, Clements, McMorris, Johnson, Blanton, Hickel, Boldt, Backlund, Mulliken, Robertson, Goldsmith, L. Thomas, McMahan, Talcott, Cairnes, Thompson, Beeksma, Benton, Foreman, Sehlin, Sheahan and Mitchell)

 

Requiring AFDC contracts and making additional changes in public assistance laws.


             The bill was read the second time. There being no objection, Fourth Substitute House Bill No. 1481 was substituted for Engrossed Second Substitute House Bill No. 1481 and the fourth substitute bill was placed on the second reading calendar.


             Fourth Substitute House Bill No. 1481 was read the second time.


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


             On page 10, line 14, after "(b)" insert "The caretaker has experienced domestic violence as defined in RCW 26.50 010(1) or sexual assault as defined in RCW 70.125.030(6) that results in the caretaker being incapacitated. The caretaker shall submit documentation of the incapacity indicating the incapacity will last at least ninety days. Such documentation shall be obtained by the caretaker from a health care practitioner regulated under Title 18 RCW whose scope of practice includes diagnosis and treatment of the condition purported to cause the incapacity;

             (c)"


             On page 10, at the beginning of line 17, strike "(c)" and insert "(d)"


             Representatives Cooke and Costa spoke in favor of adoption of the amendment.


             The amendment was adopted.


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


             On page 11, after line 13, insert the following:

             "NEW SECTION. Sec. 305. A new section is added to chapter 74.20A RCW to read as follows:

             All child support collected on behalf of caretakers and their children subject to time limits under chapter 74.12 RCW shall be passed through to the caretaker. Child support collected shall not be counted against a caretaker's monthly grant payment.


             Renumber the remaining sections accordingly.


             Representative Brown spoke in favor of adoption of the amendment.


             Representative Cooke spoke against adoption of the amendment.


             The amendment was not adopted.


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


             On page 12, after line 22, insert the following:

             "(c) A caretaker who is a resident of a county in which the average level of unemployment exceeds the average state unemployment by twenty-five percent shall receive unreduced monthly benefit payments while he or she is able and available for work as specified in RCW 50.20.010(3) and not employed. Caretakers who move to an eligible area after the effective date of this section are not eligible for this time limit extension."


             Representatives Kessler and Brown spoke in favor of adoption of the amendment.


             Representative Cooke spoke against adoption of the amendment.


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


ROLL CALL


             The Clerk called the roll on the adoption of the amendment on page 12, after line 22, to Fourth Substitute House Bill No. 1481 and the amendment was not adopted by the following vote: Yeas - 38, Nays - 59, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Basich, Brown, Buck, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Pennington, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sheldon, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 38.

             Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 59.

             Excused: Representative Silver - 1.


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


             On page 21, after line 23, insert the following:


"PART VI. LICENSE SUSPENSION


             NEW SECTION. Sec. 601. The legislature recognizes that the current statutory procedures for the collection of child support do not apply to all persons owing child support. In order to further insure that child support obligations are met, this act establishes a program by which certain licenses may be suspended if a person is one hundred eighty days or more in arrears on child support payments. With this program, it is the intent of the legislature to provide a strong incentive for persons owing support to make timely payments, and to cooperate with the department of social and health services to establish an appropriate schedule for the payment of any arrears.

             In the implementation and management of this program, it is the legislature's intent that the objective of the department of social and health services be to obtain payment in full of arrears, or where that is not possible, to enter into agreements with delinquent obligors to make timely support payments and make reasonable payments towards the arrears. The legislature intends that if the obligor refuses to cooperate in establishing a fair and reasonable payment schedule for arrears, or refuses to make timely support payments, the department shall proceed with certification to a licensing entity or the department of licensing that the person is not in compliance with a child support order.


             Sec. 602. RCW 74.20A.020 and 1990 1st ex.s. c 2 s 15 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 and chapter 74.20 RCW shall have the following meanings:

             (1) "Department" means the state department of social and health services.

             (2) "Secretary" means the secretary of the department of social and health services, his designee or authorized representative.

             (3) "Dependent child" means any person:

             (a) Under the age of eighteen who is not self-supporting, married, or a member of the armed forces of the United States; or

             (b) Over the age of eighteen for whom a court order for support exists.

             (4) "Support obligation" means the obligation to provide for the necessary care, support, and maintenance, including medical expenses, of a dependent child or other person as required by statutes and the common law of this or another state.

             (5) "Superior court order" means any judgment, decree, or order of the superior court of the state of Washington, or a court of comparable jurisdiction of another state, establishing the existence of a support obligation and ordering payment of a set or determinable amount of support moneys to satisfy the support obligation. For purposes of RCW 74.20A.055, orders for support which were entered under the uniform reciprocal enforcement of support act by a state where the responsible parent no longer resides shall not preclude the department from establishing an amount to be paid as current and future support.

             (6) "Administrative order" means any determination, finding, decree, or order for support pursuant to RCW 74.20A.055, or by an agency of another state pursuant to a substantially similar administrative process, establishing the existence of a support obligation and ordering the payment of a set or determinable amount of support moneys to satisfy the support obligation.

             (7) "Responsible parent" means a natural parent, adoptive parent, or stepparent of a dependent child or a person who has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics.

             (8) "Stepparent" means the present spouse of the person who is either the mother, father, or adoptive parent of a dependent child, and such status shall exist until terminated as provided for in RCW 26.16.205.

             (9) "Support moneys" means any moneys or in-kind providings paid to satisfy a support obligation whether denominated as child support, spouse support, alimony, maintenance, or any other such moneys intended to satisfy an obligation for support of any person or satisfaction in whole or in part of arrears or delinquency on such an obligation.

             (10) "Support debt" means any delinquent amount of support moneys which is due, owing, and unpaid under a superior court order or an administrative order, a debt for the payment of expenses for the reasonable or necessary care, support, and maintenance, including medical expenses, of a dependent child or other person for whom a support obligation is owed; or a debt under RCW 74.20A.100 or 74.20A.270. Support debt also includes any accrued interest, fees, or penalties charged on a support debt, and attorneys fees and other costs of litigation awarded in an action to establish and enforce a support obligation or debt.

             (11) "State" means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

             (12) "Licensing entity" means any department, board, bureau, commission, committee, regulatory entity or agency, or other licensor authorized to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, industry, or licensed recreational activity, or to drive a motor vehicle. It also means the Washington state bar association's board of governors and the Washington supreme court.

             (13) "Noncompliance with a support order" means a responsible parent has:

             (a) Accumulated a support debt totaling more than six months of monthly support payments; or

             (b) Failed to make payments pursuant to a written agreement with the department towards a support debt in an amount that exceeds six months of payments; or

             (c) Failed to make payments required by a superior court order if required by a support order or administrative order towards a support debt in an amount that exceeds six months of payments; or

             (d) Failed to obtain or maintain health insurance as defined in RCW 26.18.020.

             (14) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, industry, or recreational activity, or a valid driver's license to operate a motor vehicle within the state of Washington under chapter 46.20 RCW, and a vehicle license issued under chapter 46.16 RCW.

             (15) "Licensee" means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, industry, recreational activity, or to drive a motor vehicle.

             (16) "Support order" means a superior court order or administrative order.


             NEW SECTION. Sec. 603. A new section is added to chapter 74.20A RCW to read as follows:

             (1) Except as provided in subsection (2) of this section, the department may serve upon a responsible parent a notice informing the responsible parent of the department's intent to submit the parent's name to any appropriate licensing entity as a licensee who is not in compliance with a support order. The department must attach a copy of the responsible parent's support order to the notice. Service of the notice must be made by certified mail, return receipt requested, or by personal service.

             (2) The department shall not issue a notice of noncompliance with a support order under this section when the department can withhold the responsible parent's earnings under RCW 26.23.060 in an amount sufficient to ensure the payment of current support and a reasonable amount towards the support debt.

             (3) The notice of noncompliance must include the address and telephone number of the department's division of child support office that issues the notice and must inform the responsible parent that:

             (a) The parent may request an adjudicative proceeding to contest the issue of noncompliance. The only issues that may be considered at the adjudicative proceeding are whether the parent is required to pay a support obligation under a support order and whether the parent is in compliance with that order;

             (b) A request for an adjudicative proceeding must be in writing and must be received by the department within twenty days of the date of service of the notice;

             (c) If the parent requests an adjudicative proceeding within twenty days of service, the department must stay the action to certify the parent to all appropriate licensing entities for noncompliance with a support order pending entry of a written decision after the adjudicative proceeding;

             (d) If the parent does not request an adjudicative proceeding within twenty days of service and remains in noncompliance with a support order, the department will certify the parent's name to any appropriate licensing entity for noncompliance with a support order;

             (e) The department must stay action to certify the parent to any appropriate licensing entity for noncompliance if the parent agrees to make timely payments of current support and agrees to a reasonable payment schedule for payment of the support debt. It is the parent's responsibility to contact in person or by mail the department's division of child support office indicated on the notice within twenty days of service of the notice to arrange for a payment schedule. The department may stay certification for up to thirty days after contact from a parent to arrange for a payment schedule;

             (f) If the department certifies the responsible parent to a licensing entity for noncompliance with a support order, the licensing entity must suspend the parent's license until the parent provides the licensing entity with a written release from the department stating that the responsible parent is in compliance with the support order;

             (g) Suspension of a license will affect insurability if the responsible parent's insurance policy excludes coverage for acts occurring after the suspension of a license;

             (h) If after receiving the notice of noncompliance with a support order, the responsible parent files a motion to modify support with the court or requests the department to amend a support obligation or debt established by an administrative decision, the department or the court may, for up to one hundred eighty days, stay action to certify the parent to any licensing entity for noncompliance with a support order. If a motion for modification of a court or administrative order for a support obligation is pending before service of the notice, any action to certify the parent to a licensing entity for noncompliance with a support order must be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification; and

             (i) If the responsible parent subsequently becomes in compliance with the support order, the department must promptly provide the parent with a written release stating that the parent is in compliance with the order, and the parent may request that the licensing entity reinstate the suspended license.

             (4) A responsible parent may request an adjudicative proceeding upon service of the notice described in subsection (3) of this section. The request for an adjudicative proceeding must be received by the department within twenty days of service. The request must be in writing and indicate the current mailing address and daytime phone number, if available, of the responsible parent. The proceedings under this subsection shall be conducted in accordance with the requirements of chapter 34.05 RCW. The issues that may be considered at the adjudicative proceeding are limited to whether the responsible parent is required to pay a support obligation or debt under a support order and whether the responsible parent is in compliance with the order.

             (5) The decision resulting from the adjudicative proceeding must be in writing and inform the responsible parent of all rights to review. The parent's copy of the decision may be sent by regular mail to the parent's most recent address of record.

             (6) If a responsible parent contacts the department's division of child support office indicated on the notice of noncompliance within twenty days of service of the notice and requests arrangement of a payment schedule, the department must stay the certification of noncompliance during negotiation of the schedule for payment of arrears. In no event may the stay continue for more than thirty days from the date of contact by the parent. The department must make good faith efforts to establish a schedule for payment of the support debt that is fair and reasonable, and that considers the financial situation of the responsible parent and the needs of all children who rely on the responsible parent for support. At the end of the thirty days, if no payment schedule has been agreed to in writing, the department must proceed with certification of noncompliance.

             (7) If a responsible parent timely requests an adjudicative proceeding to contest the issue of noncompliance, the department may not certify the name of the parent to a licensing entity for noncompliance with a support order unless the adjudicative proceeding results in a finding that the responsible parent is not in compliance with the order.

             (8) The department may certify in writing to any appropriate licensing entity the name of a responsible parent who is not in compliance with a support order if:

             (a) The responsible parent does not timely request an adjudicative proceeding upon service of a notice issued under subsection (3) of this section and is not in compliance with a support order twenty-one days after service of the notice;

             (b) An adjudicative proceeding results in a decision that the responsible parent is not in compliance with a support order;

             (c) The department and the responsible parent have been unable to agree on a fair and reasonable schedule for payment of the support debt; or

             (d) The court enters a judgment on a petition for judicial review that finds the responsible parent is not in compliance with a support order.

             The department must send by regular mail a copy of any certification of noncompliance filed with a licensing entity to the responsible parent at the responsible parent's most recent address of record.

             (9) A licensing entity shall notify a responsible parent certified by the department under subsection (8) of this section, without undue delay, that the parent's driver's license or other license has been suspended because the parent's name has been certified by the department as a responsible parent who is not in compliance with a support order.

             (10) When a responsible parent who is served notice under subsection (3) of this section subsequently complies with the support order, the department shall promptly provide the parent with a written release stating that the responsible parent is in compliance with the order.

             (11) The department may adopt rules to implement and enforce the requirements of this section.

             (12) Nothing in this section prohibits a responsible parent from filing a motion to modify support with the court or from requesting the department to amend a support obligation or debt established by an administrative decision. If there is a reasonable likelihood that the motion or request will significantly change the amount of the support debt, the department or the court may, for up to one hundred eighty days, stay action to certify the responsible parent to any licensing entity for noncompliance with a support order. If a motion for modification of a court or administrative order for a support obligation is pending before service of the notice, any action to certify the parent to a licensing entity for noncompliance with a support order must be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification.

             (13) A licensing entity may issue, renew, reinstate, or otherwise extend a license in accordance with the licensing entity's rules after the licensing entity receives a copy of the written release specified in subsection (10) of this section. The licensing entity may waive any applicable requirement for reissuance, renewal, or other extension if it determines that the imposition of that requirement places an undue burden on the person and that waiver of the requirement is consistent with the public interest.


             NEW SECTION. Sec. 604. A new section is added to chapter 74.20A RCW to read as follows:

             (1) The department of social and health services and all of the various licensing entities subject to section 603 of this act shall enter into such agreements as are necessary to carry out the requirements of the license suspension program established in section 603 of this act, but only to the extent the departments and the licensing entities determine it is cost-effective or required by federal law.

             (2) On or before January 1, 1997, and quarterly thereafter, the department of social and health services and all licensing entities subject to section 603 of this act shall perform a comparison of responsible parents who are not in compliance with a support order, as defined in section 603 of this act, with all licensees subject to chapter . . ., Laws of 1996 (this act). The comparison may be conducted electronically, or by any other means that is jointly agreeable between the department and the particular licensing entity. The data shared shall be limited to those items necessary to implementation of chapter . . ., Laws of 1996 (this act). The purpose of the comparison shall be to identify current licensees who are not in compliance with a support order, and to provide to the department of social and health services the following information regarding those licensees:

             (a) Name;

             (b) Date of birth;

             (c) Address of record;

             (d) Federal employer identification number or social security number;

             (e) Type of license;

             (f) Effective date of license or renewal;

             (g) Expiration date of license; and

             (h) Active or inactive status.


             NEW SECTION. Sec. 605. A new section is added to chapter 74.20A RCW to read as follows:

             In furtherance of the public policy of increasing collection of child support and to assist in evaluation of the program established in section 603 of this act, the department shall report the following to the legislature and the governor on December 1, 1997, and annually thereafter:

             (1) The number of responsible parents identified as licensees subject to section 603 of this act;

             (2) The number of responsible parents identified by the department as not in compliance with a support order;

             (3) The number of notices of noncompliance served upon responsible parents by the department;

             (4) The number of responsible parents served a notice of noncompliance who request an adjudicative proceeding;

             (5) The number of adjudicative proceedings held, and the results of the adjudicative proceedings;

             (6) The number of responsible parents certified to the department of licensing or licensing entities for noncompliance with a support order, and the type of license the parents held;

             (7) The costs incurred in the implementation and enforcement of section 603 of this act and an estimate of the amount of support collected due to the departments under section 603 of this act;

             (8) Any other information regarding this program that the department feels will assist in evaluation of the program;

             (9) Recommendations for the addition of specific licenses in the program or exclusion of specific licenses from the program, and reasons for such recommendations; and

             (10) Any recommendations for statutory changes necessary for the cost-effective management of the program.


             Sec. 606. RCW 46.20.021 and 1991 c 293 s 3 and 1991 c 73 s 1 are each reenacted and amended to read as follows:

             (1) No person, except as expressly exempted by this chapter, may drive any motor vehicle upon a highway in this state unless the person has a valid driver's license issued to Washington residents under the provisions of this chapter. A violation of this subsection is a misdemeanor and is a lesser included offense within the offenses described in RCW 46.20.342(1) or 46.20.420.

             (2) For the purposes of obtaining a valid driver's license, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Evidence of residency includes but is not limited to:

             (a) Becoming a registered voter in this state; or

             (b) Receiving benefits under one of the Washington public assistance programs; or

             (c) Declaring that he or she is a resident for the purpose of obtaining a state license or tuition fees at resident rates.

             (3) The term "Washington public assistance programs" referred to in subsection (2)(b) of this section includes only public assistance programs for which more than fifty percent of the combined costs of benefits and administration are paid from state funds. Programs which are not included within the term "Washington public assistance programs" pursuant to the above criteria include, but are not limited to the food stamp program under the federal food stamp act of 1964; programs under the child nutrition act of 1966, 42 U.S.C. Secs. 1771 through 1788; and aid to families with dependent children, 42 U.S.C. Secs. 601 through 606.

             (4) No person shall receive a driver's license unless and until he or she surrenders to the department all valid driver's licenses in his or her possession issued to him or her by any other jurisdiction. The department shall establish a procedure to invalidate the surrendered photograph license and return it to the person. The invalidated license, along with the valid temporary Washington driver's license provided for in RCW 46.20.055(3), shall be accepted as proper identification. The department shall notify the issuing department that the licensee is now licensed in a new jurisdiction. No person shall be permitted to have more than one valid driver's license at any time.

             (5) A person may not receive a driver's license if the person has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act.

             (6) New Washington residents are allowed thirty days from the date they become residents as defined in this section to procure a valid Washington driver's license.

             (((6))) (7) Any person licensed as a driver under this chapter may exercise the privilege thereby granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise such privilege by any county, municipal or local board, or body having authority to adopt local police regulations.


             Sec. 607. RCW 46.20.291 and 1993 c 501 s 4 are each amended to read as follows:

             The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:

             (1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;

             (2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;

             (3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;

             (4) Is incompetent to drive a motor vehicle under RCW 46.20.031(3); ((or))

             (5) Has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289; ((or))

             (6) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.336; or

             (7) Has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act.


             Sec. 608. RCW 46.20.311 and 1995 c 332 s 11 are each amended to read as follows:

             (1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.342 or other provision of law. Except for a suspension under RCW 46.20.289 and 46.20.291(5), whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a support order under chapter 74.20A RCW, the suspension shall remain in effect until the person provides a written release issued by the department of social and health services stating that the person is in compliance with the order. If a driver's license is suspended under chapter 74.20A RCW, the motor vehicle record for the suspended driver shall include a notation that explains the reason for the suspension. The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be fifty dollars.

             (2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

             (3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be fifty dollars.


             NEW SECTION. Sec. 609. A new section is added to chapter 2.48 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be admitted to practice law in this state. The application of a person so certified by the department of social and health services may be reviewed for admission after the person provides the board of governors of the Washington state bar association a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) Any member of the Washington state bar association who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act shall be immediately suspended from membership. Membership shall not be reinstated until the person provides the board of governors of the Washington state bar association a written release issued by the department of social and health services stating that the person is in compliance with the order. If the person has continued to meet all other requirements for membership during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the association may impose.


             Sec. 610. RCW 18.04.105 and 1992 c 103 s 7 are each amended to read as follows:

             (1) Except as provided in section 611 of this act, the certificate of "certified public accountant" shall be granted by the board to any person:

             (a) Who is of good character. Good character, for purposes of this section, means lack of a history of dishonest or felonious acts. The board may refuse to grant a certificate on the ground of failure to satisfy this requirement only if there is a substantial connection between the lack of good character of the applicant and the professional responsibilities of a certified public accountant and if the finding by the board of lack of good character is supported by a preponderance of evidence. When an applicant is found to be unqualified for a certificate because of a lack of good character, the board shall furnish the applicant a statement containing the findings of the board and a notice of the applicant's right of appeal;

             (b) Who has met the educational standards established by rule as the board determines to be appropriate;

             The board may, in its discretion, waive the educational requirements for any person if it is satisfied through review of documentation of successful completion of an equivalency examination that the person's educational qualifications are an acceptable substitute for the requirements of (b) of this subsection; and

             (c) Who has passed a written examination.

             (2) The examination described in subsection (1)(c) of this section shall be in writing, shall be held twice a year, and shall test the applicant's knowledge of the subjects of accounting and auditing, and other related fields the board may specify by rule. The time for holding the examination is fixed by the board and may be changed from time to time. The board shall prescribe by rule the methods of applying for and taking the examination, including methods for grading papers and determining a passing grade required of an applicant for a certificate. The board shall to the extent possible see to it that the grading of the examination, and the passing grades, are uniform with those applicable to all other states. The board may make use of all or a part of the uniform certified public accountant examination and advisory grading service of the American Institute of Certified Public Accountants and may contract with third parties to perform administrative services with respect to the examination as the board deems appropriate to assist it in performing its duties under this chapter.

             (3) An applicant is required to pass all sections of the examination provided for in subsection (2) of this section in order to qualify for a certificate. If at a given sitting of the examination an applicant passes two or more but not all sections, then the applicant shall be given credit for those sections that he or she passed, and need not take those sections again: PROVIDED, That:

             (a) The applicant took all sections of the examination at that sitting;

             (b) The applicant attained a minimum grade of fifty on each section not passed at that sitting;

             (c) The applicant passes the remaining sections of the examination within six consecutive examinations given after the one at which the first sections were passed;

             (d) At each subsequent sitting at which the applicant seeks to pass additional sections, the applicant takes all sections not yet passed; and

             (e) In order to receive credit for passing additional sections in a subsequent sitting, the applicant attains a minimum grade of fifty on sections written but not passed on the sitting.

             (4) The board may waive or defer any of the requirements of subsection (3) of this section for candidates transferring conditional CPA exam credits from other states or for qualifying reciprocity certification applicants who met the conditioning requirements of the state or foreign jurisdiction issuing their original certificate.

             (5) The board shall charge each applicant an examination fee for the initial examination under subsection (1) of this section, or for reexamination under subsection (3) of this section for each subject in which the applicant is reexamined. The applicable fee shall be paid by the person at the time he or she applies for examination, reexamination, or evaluation of educational qualifications. Fees for examination, reexamination, or evaluation of educational qualifications shall be determined by the board under chapter 18.04 RCW. There is established in the state treasury an account to be known as the certified public accountants' account. All fees received from candidates to take any or all sections of the certified public accountant examination shall be used only for costs related to the examination.

             (6) Persons who on June 30, 1986, held certified public accountant certificates previously issued under the laws of this state shall not be required to obtain additional certificates under this chapter, but shall otherwise be subject to this chapter. Certificates previously issued shall, for all purposes, be considered certificates issued under this chapter and subject to its provisions.

             (7) A certificate of a "certified public accountant" under this chapter is issued on a biennial basis with renewal subject to requirements of continuing professional education and payment of fees, prescribed by the board.

             (8) The board shall adopt rules providing for continuing professional education for certified public accountants. The rules shall:

             (a) Provide that a certified public accountant shall verify to the board that he or she has completed at least an accumulation of eighty hours of continuing professional education during the last two-year period to maintain the certificate;

             (b) Establish continuing professional education requirements;

             (c) Establish when newly certificated public accountants shall verify that they have completed the required continuing professional education; and

             (d) Provide that failure to furnish verification of the completion of the continuing professional education requirement shall make the certificate invalid and subject to reinstatement, unless the board determines that the failure was due to retirement, reasonable cause, or excusable neglect.


             NEW SECTION. Sec. 611. A new section is added to chapter 18.04 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a certificate of "certified public accountant." The application of a person so certified by the department of social and health services may be reviewed for issuance of a certificate under this chapter after the person provides the board a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The board shall immediately suspend the certificate or license of a person who has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order.


             Sec. 612. RCW 18.04.335 and 1992 c 103 s 13 are each amended to read as follows:

             (1) Upon application in writing and after hearing pursuant to notice, the board may:

             (((1))) (a) Modify the suspension of, or reissue a certificate or license to, an individual whose certificate has been revoked or suspended; or

             (((2))) (b) Modify the suspension of, or reissue a license to a firm whose license has been revoked, suspended, or which the board has refused to renew.

             (2) In the case of suspension for failure to comply with a support order under chapter 74.20A RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a certificate or license shall be automatic upon the board's receipt of a written release issued by the department of social and health services stating that the individual is in compliance with the support order.


             Sec. 613. RCW 18.08.350 and 1993 c 475 s 1 are each amended to read as follows:

             (1) Except as provided in section 615 of this act, a certificate of registration shall be granted by the director to all qualified applicants who are certified by the board as having passed the required examination and as having given satisfactory proof of completion of the required experience.

             (2) Applications for examination shall be filed as the board prescribes by rule. The application and examination fees shall be determined by the director under RCW 43.24.086.

             (3) An applicant for registration as an architect shall be of a good moral character, at least eighteen years of age, and shall possess any of the following qualifications:

             (a) Have an accredited architectural degree and three years' practical architectural work experience approved by the board, which may include designing buildings as a principal activity. At least two years' work experience must be supervised by an architect with detailed professional knowledge of the work of the applicant;

             (b) Have eight years' practical architectural work experience approved by the board. Each year spent in an accredited architectural program approved by the board shall be considered one year of practical experience. At least four years' practical work experience shall be under the direct supervision of an architect; or

             (c) Be a person who has been designing buildings as a principal activity for eight years, or has an equivalent combination of education and experience, but who was not registered under chapter 323, Laws of 1959, as amended, as it existed before July 28, 1992, provided that application is made within four years after July 28, 1992. Nothing in this chapter prevents such a person from designing buildings for four years after July 28, 1992, or the five-year period allowed for completion of the examination process, after that person has applied for registration. A person who has been designing buildings and is qualified under this subsection shall, upon application to the board of registration for architects, be allowed to take the examination for architect registration on an equal basis with other applicants.


             Sec. 614. RCW 18.08.350 and 1993 c 475 s 2 are each amended to read as follows:

             (1) Except as provided in section 615 of this act, a certificate of registration shall be granted by the director to all qualified applicants who are certified by the board as having passed the required examination and as having given satisfactory proof of completion of the required experience.

             (2) Applications for examination shall be filed as the board prescribes by rule. The application and examination fees shall be determined by the director under RCW 43.24.086.

             (3) An applicant for registration as an architect shall be of a good moral character, at least eighteen years of age, and shall possess any of the following qualifications:

             (a) Have an accredited architectural degree and three years' practical architectural work experience approved by the board, which may include designing buildings as a principal activity. At least two years' work experience must be supervised by an architect with detailed professional knowledge of the work of the applicant; or

             (b) Have eight years' practical architectural work experience approved by the board. Each year spent in an accredited architectural program approved by the board shall be considered one year of practical experience. At least four years' practical work experience shall be under the direct supervision of an architect.


             NEW SECTION. Sec. 615. A new section is added to chapter 18.08 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a certificate of registration under this chapter after the person provides the board a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The board shall immediately suspend the certificate of registration or certificate of authorization to practice architecture of a person who has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet other requirements for reinstatement during the suspension, reissuance of the certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services stating that the individual is in compliance with the support order.


             Sec. 616. RCW 18.11.160 and 1986 c 324 s 12 are each amended to read as follows:

             (1) No license shall be issued by the department to any person who has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful issuance of checks or drafts, or other similar offense, or to any partnership of which the person is a member, or to any association or corporation of which the person is an officer or in which as a stockholder the person has or exercises a controlling interest either directly or indirectly.

             (2) No license may be issued by the department to any person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act. The application of a person so certified by the department of social and health services may be reviewed for issuance of a license under this chapter after the person provides the board a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (3) The following shall be grounds for denial, suspension, or revocation of a license, or imposition of an administrative fine by the department:

             (a) Misrepresentation or concealment of material facts in obtaining a license;

             (b) Underreporting to the department of sales figures so that the auctioneer or auction company surety bond is in a lower amount than required by law;

             (c) Revocation of a license by another state;

             (d) Misleading or false advertising;

             (e) A pattern of substantial misrepresentations related to auctioneering or auction company business;

             (f) Failure to cooperate with the department in any investigation or disciplinary action;

             (g) Nonpayment of an administrative fine prior to renewal of a license;

             (h) Aiding an unlicensed person to practice as an auctioneer or as an auction company; and

             (i) Any other violations of this chapter.

             (4) The department shall immediately suspend the license of a person who has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the support order.


             Sec. 617. RCW 18.16.100 and 1991 c 324 s 6 are each amended to read as follows:

             (1) Upon payment of the proper fee, except as provided in section 618 of this act the director shall issue the appropriate license to any person who:

             (a) Is at least seventeen years of age or older;

             (b) Has completed and graduated from a course approved by the director of sixteen hundred hours of training in cosmetology, one thousand hours of training in barbering, five hundred hours of training in manicuring, five hundred hours of training in esthetics, and/or five hundred hours of training as an instructor-trainee; and

             (c) Has received a passing grade on the appropriate licensing examination approved or administered by the director.

             (2) A person currently licensed under this chapter may qualify for examination and licensure, after the required examination is passed, in another category if he or she has completed the crossover training course approved by the director.

             (3) Upon payment of the proper fee, the director shall issue a salon/shop license to the operator of a salon/shop if the salon/shop meets the other requirements of this chapter as demonstrated by information submitted by the operator.

             (4) The director may consult with the state board of health and the department of labor and industries in establishing training and examination requirements.


             NEW SECTION. Sec. 618. A new section is added to chapter 18.16 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the license of a person who has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the support order.


             NEW SECTION. Sec. 619. A new section is added to chapter 18.20 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the license of a person who has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the support order.


             Sec. 620. RCW 18.27.030 and 1992 c 217 s 1 are each amended to read as follows:

             (1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the director and which shall include the following information pertaining to the applicant:

             (a) Employer social security number.

             (b) As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington.

             (c) Employment security department number.

             (d) State excise tax registration number.

             (e) Unified business identifier (UBI) account number may be substituted for the information required by (b), (c), and (d) of this subsection.

             (f) Type of contracting activity, whether a general or a specialty contractor and if the latter, the type of specialty.

             (g) The name and address of each partner if the applicant be a firm or partnership, or the name and address of the owner if the applicant be an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant be a corporation. The information contained in such application shall be a matter of public record and open to public inspection.

             (2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(b) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.

             (3) Registration shall be denied if the applicant has been previously registered as a sole proprietor, partnership or corporation, and was a principal or officer of the corporation, and if the applicant has an unsatisfied final judgment in an action based on RCW 18.27.040 that incurred during a previous registration under this chapter.

             (4) Registration shall be denied if the applicant has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act. The application of a person so certified by the department of social and health services may be reviewed and the person may be registered under this chapter if the person provides the department a written release issued by the department of social and health services stating that the person is in compliance with the order.


             Sec. 621. RCW 18.27.060 and 1983 1st ex.s. c 2 s 19 are each amended to read as follows:

             (1) A certificate of registration shall be valid for one year and shall be renewed on or before the expiration date. The department shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.

             (2) If the department approves an application, it shall issue a certificate of registration to the applicant. The certificate shall be valid for:

             (a) One year;

             (b) Until the bond expires; or

             (c) Until the insurance expires, whichever comes first. The department shall place the expiration date on the certificate.

             (3) A contractor may supply a short-term bond or insurance policy to bring its registration period to the full one year.

             (4) If a contractor's surety bond or other security has an unsatisfied judgment against it or is canceled, or if the contractor's insurance policy is canceled, the contractor's registration shall be automatically suspended on the effective date of the impairment or cancellation. The department shall give notice of the suspension to the contractor.

             (5) The department shall immediately suspend the certificate of registration of a contractor who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act. The certificate of registration shall not be reissued or renewed unless the person provides to the department a written release from the department of social and health services stating that he or she is in compliance with the support order and the person has continued to meet all other requirements for certification during the suspension.


             Sec. 622. RCW 18.28.060 and 1979 c 156 s 3 are each amended to read as follows:

             Except as provided in section 623 of this act, the director shall issue a license to an applicant if the following requirements are met:

             (1) The application is complete and the applicant has complied with RCW 18.28.030.

             (2) Neither an individual applicant, nor any of the applicant's members if the applicant is a partnership or association, nor any of the applicant's officers or directors if the applicant is a corporation: (a) Has ever been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other like offense, or has been disbarred from the practice of law; (b) has participated in a violation of this chapter or of any valid rules, orders or decisions of the director promulgated under this chapter; (c) has had a license to engage in the business of debt adjusting revoked or removed for any reason other than for failure to pay licensing fees in this or any other state; or (d) is an employee or owner of a collection agency, or process serving business.

             (3) An individual applicant is at least eighteen years of age.

             (4) An applicant which is a partnership, corporation, or association is authorized to do business in this state.

             (5) An individual applicant for an original license as a debt adjuster has passed an examination administered by the director, which examination may be oral or written, or partly oral and partly written, and shall be practical in nature and sufficiently thorough to ascertain the applicant's fitness. Questions on bookkeeping, credit adjusting, business ethics, agency, contracts, debtor and creditor relationships, trust funds and the provisions of this chapter shall be included in the examination. No applicant may use any books or other similar aids while taking the examination, and no applicant may take the examination more than three times in any twelve month period.


             NEW SECTION. Sec. 623. A new section is added to chapter 18.28 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a license under this chapter after the person provides the director a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the license of a person who has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the support order.


             Sec. 624. RCW 18.39.181 and 1986 c 259 s 65 are each amended to read as follows:

             The director shall have the following powers and duties:

             (1) To issue all licenses provided for under this chapter;

             (2) To annually renew licenses under this chapter;

             (3) To collect all fees prescribed and required under this chapter; ((and))

             (4) To deny issuing or immediately suspend the license of a person who has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order; and

             (5) To keep general books of record of all official acts, proceedings, and transactions of the department of licensing while acting under this chapter.


             NEW SECTION. Sec. 625. A new section is added to chapter 18.39 RCW to read as follows:

             (1) In the case of a person who has been denied the issuance of a license under this chapter because the person was certified by the department of social and health services as a person who is not in compliance with section 603 of this act, the application of that person may be reviewed by the director for issuance of a license after the person provides the director a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) In the case of suspension for failure to comply with a support order under chapter 74.20A RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the individual is in compliance with the support order.


             NEW SECTION. Sec. 626. A new section is added to chapter 18.43 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a certificate of registration under this chapter after the person provides the board a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The board shall immediately suspend the registration of a person who has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for membership during the suspension, reissuance of the certificate of registration shall be automatic upon the board's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.


             NEW SECTION. Sec. 627. A new section is added to chapter 18.44 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a certificate of registration under this chapter after the person provides the department a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the certificate of registration of a person who has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.


             Sec. 628. RCW 18.46.050 and 1991 c 3 s 101 are each amended to read as follows:

             (1) The department may deny, suspend, or revoke a license in any case in which it finds that there has been failure or refusal to comply with the requirements established under this chapter or the rules adopted under it.

             (2) The department shall deny a license in any case where the applicant has been certified under section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. The application of a person so certified by the department of social and health services may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (3) The department shall immediately suspend the license of a person who has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.

             RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.


             Sec. 629. RCW 18.51.054 and 1989 c 372 s 7 are each amended to read as follows:

             The department may deny a license to any applicant if the department finds that the applicant or any partner, officer, director, managerial employee, or owner of five percent or more of the applicant:

             (1) Operated a nursing home without a license or under a revoked or suspended license; or

             (2) Knowingly or with reason to know made a false statement of a material fact (a) in an application for license or any data attached thereto, or (b) in any matter under investigation by the department; or

             (3) Refused to allow representatives or agents of the department to inspect (a) all books, records, and files required to be maintained or (b) any portion of the premises of the nursing home; or

             (4) Willfully prevented, interfered with, or attempted to impede in any way (a) the work of any authorized representative of the department or (b) the lawful enforcement of any provision of this chapter or chapter 74.42 RCW; or

             (5) Has a history of significant noncompliance with federal or state regulations in providing nursing home care. In deciding whether to deny a license under this section, the factors the department considers shall include the gravity and frequency of the noncompliance ; or

             (6) Has been certified pursuant to section 603 of this act by the department of social and health services, division of child support, as a person who is not in compliance with a support order. The application of a person so certified by the department of social and health services may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services, division of child support, stating that the person is in compliance with the order.


             NEW SECTION. Sec. 630. A new section is added to chapter 18.51 RCW to read as follows:

             The department shall immediately suspend the license of a person who has been certified pursuant to section 603 of this act by the department of social and health services, division of support, as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the division of child support stating that the person is in compliance with the support order.


             NEW SECTION. Sec. 631. A new section is added to chapter 18.76 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a certificate under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a certificate under this chapter after the person provides the department a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the certification of a poison center medical director or a poison information specialist who has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certification shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.


             NEW SECTION. Sec. 632. A new section is added to chapter 18.85 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a broker's or salesperson's license under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a license under this chapter after the person provides the director a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The director shall immediately suspend the license of a broker or salesperson who has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.


             NEW SECTION. Sec. 633. A new section is added to chapter 18.96 RCW to read as follows:

             No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a certificate under this chapter after the person provides the director a written release issued by the department of social and health services stating that the person is in compliance with the order.


             Sec. 634. RCW 18.96.120 and 1969 ex.s. c 158 s 12 are each amended to read as follows:

             (1) The director may refuse to renew, or may suspend or revoke, a certificate of registration to use the titles landscape architect, landscape architecture, or landscape architectural in this state upon the following grounds:

             (((1))) (a) The holder of the certificate of registration is impersonating a practitioner or former practitioner.

             (((2))) (b) The holder of the certificate of registration is guilty of fraud, deceit, gross negligence, gross incompetency or gross misconduct in the practice of landscape architecture.

             (((3))) (c) The holder of the certificate of registration permits his seal to be affixed to any plans, specifications or drawings that were not prepared by him or under his personal supervision by employees subject to his direction and control.

             (((4))) (d) The holder of the certificate has committed fraud in applying for or obtaining a certificate.

             (2) The director shall immediately suspend the certificate of registration of a landscape architect who has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of registration shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.


             Sec. 635. RCW 18.96.150 and 1993 c 35 s 6 are each amended to read as follows:

             Except as provided in section 633 of this act, the director shall issue a certificate of registration upon payment of the registration fee as provided in this chapter to any applicant who has satisfactorily met all requirements for registration. All certificates of registration shall show the full name of the registrant, shall have a serial number and shall be signed by the chairman and the executive secretary of the board, and by the director.

             Each registrant shall obtain a seal of a design authorized by the board, bearing the registrant's name and the legend, "registered landscape architect". All sheets of drawings and title pages of specifications prepared by the registrant shall be stamped with said seal.


             NEW SECTION. Sec. 636. A new section is added to chapter 18.104 RCW to read as follows:

             No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services stating that the person is in compliance with the order.


             Sec. 637. RCW 18.104.110 and 1993 c 387 s 18 are each amended to read as follows:

             (1) In cases other than those relating to the failure of a licensee to renew a license, the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:

             (((1))) (a) For fraud or deception in obtaining the license;

             (((2))) (b) For fraud or deception in reporting under RCW 18.104.050;

             (((3))) (c) For violating the provisions of this chapter, or of any lawful rule or regulation of the department or the department of health.

             (2) The director shall immediately suspend any license issued under this chapter if the holder of the license has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.

             (3) No license shall be suspended for more than six months, except that a suspension under section 603 of this act shall continue until the department receives a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (4) No person whose license is revoked shall be eligible to apply for a license for one year from the effective date of the final order of revocation.


             Sec. 638. RCW 18.106.070 and 1985 c 465 s 1 are each amended to read as follows:

             (1) Except as provided in section 639 of this act, the department shall issue a certificate of competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance. The certificate shall be renewable every other year, upon application, on or before the birthdate of the holder. A renewal fee shall be assessed for each certificate. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee. If the person does not renew the certificate within ninety days of the renewal date, he or she must retake the examination and pay the examination fee.

             The certificate of competency and the temporary permit provided for in this chapter grant the holder the right to engage in the work of plumbing as a journeyman plumber or specialty plumber in accordance with their provisions throughout the state and within any of its political subdivisions on any job or any employment without additional proof of competency or any other license or permit or fee to engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.

             (2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the plumbing construction trade or who is learning the plumbing construction trade may work in the plumbing construction trade if supervised by a certified journeyman plumber or a certified specialty plumber in that plumber's specialty. All apprentices and individuals learning the plumbing construction trade shall obtain a plumbing training certificate from the department. The certificate shall authorize the holder to learn the plumbing construction trade while under the direct supervision of a journeyman plumber or a specialty plumber working in his or her specialty. The holder of the plumbing training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the plumbing construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the plumbing construction trade shall have their plumbing training certificates in their possession at all times that they are performing plumbing work. They shall show their certificates to an authorized representative of the department at the representative's request.

             (3) Any person who has been issued a plumbing training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman plumber or an appropriate specialty plumber who has an applicable certificate of competency issued under this chapter. Either a journeyman plumber or an appropriate specialty plumber shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty plumbers working on a job site shall be: (a) From July 28, 1985, through June 30, 1988, not more than three noncertified plumbers working on any one job site for every certified journeyman or specialty plumber; (b) effective July 1, 1988, not more than two noncertified plumbers working on any one job site for every certified specialty plumber or journeyman plumber working as a specialty plumber; and (c) effective July 1, 1988, not more than one noncertified plumber working on any one job site for every certified journeyman plumber working as a journeyman plumber.

             An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical school program in the plumbing construction trade in a school approved by the ((commission for vocational education)) work force training and education coordinating board, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.


             NEW SECTION. Sec. 639. A new section is added to chapter 18.106 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a certificate of competency under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a certificate of competency under this chapter after the person provides the department a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The department shall immediately suspend any certificate of competency issued under this chapter if the holder of the certificate has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of competency shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.


             NEW SECTION. Sec. 640. A new section is added to chapter 18.130 RCW to read as follows:

             The disciplining authority shall immediately suspend the license of any person subject to this chapter who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act.


             Sec. 641. RCW 18.130.050 and 1995 c 336 s 4 are each amended to read as follows:

             The disciplining authority has the following authority:

             (1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this chapter;

             (2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings as provided in this chapter;

             (3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this chapter;

             (4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;

             (5) To compel attendance of witnesses at hearings;

             (6) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews;

             (7) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the disciplining authority;

             (8) To use a presiding officer as authorized in RCW 18.130.095(3) or the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. The disciplining authority shall make the final decision regarding disposition of the license unless the disciplining authority elects to delegate in writing the final decision to the presiding officer;

             (9) To use individual members of the boards to direct investigations. However, the member of the board shall not subsequently participate in the hearing of the case;

             (10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

             (11) To contract with licensees or other persons or organizations to provide services necessary for the monitoring and supervision of licensees who are placed on probation, whose professional activities are restricted, or who are for any authorized purpose subject to monitoring by the disciplining authority;

             (12) To adopt standards of professional conduct or practice;

             (13) To grant or deny license applications, and in the event of a finding of unprofessional conduct by an applicant or license holder, to impose any sanction against a license applicant or license holder provided by this chapter;

             (14) To designate individuals authorized to sign subpoenas and statements of charges;

             (15) To establish panels consisting of three or more members of the board to perform any duty or authority within the board's jurisdiction under this chapter;

             (16) To review and audit the records of licensed health facilities' or services' quality assurance committee decisions in which a licensee's practice privilege or employment is terminated or restricted. Each health facility or service shall produce and make accessible to the disciplining authority the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to discovery or introduction into evidence in any civil action pursuant to RCW 70.41.200(3);

             (17) To immediately suspend licenses of persons who have been certified by the department of social and health services as not in compliance with a support order as provided in section 603 of this act.


             Sec. 642. RCW 18.130.120 and 1984 c 279 s 12 are each amended to read as follows:

             The department shall not issue any license to any person whose license has been denied, revoked, or suspended by the disciplining authority except in conformity with the terms and conditions of the certificate or order of denial, revocation, or suspension, or in conformity with any order of reinstatement issued by the disciplining authority, or in accordance with the final judgment in any proceeding for review instituted under this chapter.

             The department shall not issue a license to a person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act. The license may be issued after the person provides the department a written release from the department of social and health services stating that the person is in compliance with the order.


             Sec. 643. RCW 18.130.150 and 1984 c 279 s 15 are each amended to read as follows:

             A person whose license has been suspended or revoked under this chapter may petition the disciplining authority for reinstatement after an interval as determined by the disciplining authority in the order. The disciplining authority shall hold hearings on the petition and may deny the petition or may order reinstatement and impose terms and conditions as provided in RCW 18.130.160 and issue an order of reinstatement. The disciplining authority may require successful completion of an examination as a condition of reinstatement.

             A person whose license has been suspended for noncompliance with a support order under section 603 of this act may petition for reinstatement at any time by providing the disciplining authority a written release issued by the department of social and health services stating that the person is in compliance with the support order. If the person has continued to meet all other requirements for reinstatement during the suspension, the disciplining authority shall automatically reissue the person's license upon receipt of the release, and payment of a reinstatement fee, if any.


             NEW SECTION. Sec. 644. A new section is added to chapter 18.140 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a license or certificate after the person provides the director a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The director shall immediately suspend any license or certificate issued under this chapter if the holder has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.


             Sec. 645. RCW 18.145.080 and 1995 c 269 s 504 and 1995 c 27 s 8 are each reenacted and amended to read as follows:

              Except as provided in section 646 of this act, the department shall issue a certificate to any applicant who meets the standards established under this chapter and who:

             (1) Is holding one of the following:

             (a) Certificate of proficiency, registered professional reporter, registered merit reporter, or registered diplomate reporter from [the] national court reporters association;

             (b) Certificate of proficiency or certificate of merit from [the] national stenomask verbatim reporters association; or

             (c) A current Washington state court reporter certification; or

             (2) Has passed an examination approved by the director or an examination that meets or exceeds the standards established by the director.


             NEW SECTION. Sec. 646. A new section is added to chapter 18.145 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a certificate under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a certificate after the person provides the director a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The director shall immediately suspend any certificate issued under this chapter if the holder has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.


             Sec. 647. RCW 18.160.080 and 1990 c 177 s 10 are each amended to read as follows:

             (1) The state director of fire protection may refuse to issue or renew or may suspend or revoke the privilege of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder to engage in the fire protection sprinkler system business or in lieu thereof, establish penalties as prescribed by Washington state law, for any of the following reasons:

             (a) Gross incompetency or gross negligence in the preparation of technical drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems;

             (b) Conviction of a felony;

             (c) Fraudulent or dishonest practices while engaging in the fire protection sprinkler systems business;

             (d) Use of false evidence or misrepresentation in an application for a license or certificate of competency;

             (e) Permitting his or her license to be used in connection with the preparation of any technical drawings which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of this chapter; or

             (f) Knowingly violating any provisions of this chapter or the regulations issued thereunder.

             (2) The state director of fire protection shall revoke the license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder who engages in the fire protection sprinkler system business while the license or certificate of competency is suspended.

             (3) The state director of fire protection shall refuse to issue or immediately suspend any license or certificate issued under this chapter if the holder has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for issuance or reinstatement during the suspension, issuance, or reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.

             (4) Any licensee or certificate of competency holder who is aggrieved by an order of the state director of fire protection suspending or revoking a license may, within thirty days after notice of such suspension or revocation, appeal under chapter 34.05 RCW.


             Sec. 648. RCW 18.165.160 and 1995 c 277 s 34 are each amended to read as follows:

             The following acts are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

             (1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

             (2) Knowingly making a material misstatement or omission in the application for or renewal of a license or firearms certificate, including falsifying requested identification information;

             (3) Not meeting the qualifications set forth in RCW 18.165.030, 18.165.040, or 18.165.050;

             (4) Failing to return immediately on demand a firearm issued by an employer;

             (5) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private investigator license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

             (6) Failing to return immediately on demand company identification, badges, or other items issued to the private investigator by an employer;

             (7) Making any statement that would reasonably cause another person to believe that the private investigator is a sworn peace officer;

             (8) Divulging confidential information obtained in the course of any investigation to which he or she was assigned;

             (9) Acceptance of employment that is adverse to a client or former client and relates to a matter about which a licensee has obtained confidential information by reason of or in the course of the licensee's employment by the client;

             (10) Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended;

             (11) Advertising that is false, fraudulent, or misleading;

             (12) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

             (13) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

             (14) Failure to cooperate with the director by:

             (a) Not furnishing any necessary papers or documents requested by the director for purposes of conducting an investigation for disciplinary action, denial, suspension, or revocation of a license under this chapter;

             (b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or

             (c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;

             (15) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the director;

             (16) Aiding or abetting an unlicensed person to practice if a license is required;

             (17) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

             (18) Failure to adequately supervise employees to the extent that the public health or safety is at risk;

             (19) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

             (20) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.165.050;

             (21) Assisting a client to locate, trace, or contact a person when the investigator knows that the client is prohibited by any court order from harassing or contacting the person whom the investigator is being asked to locate, trace, or contact, as it pertains to domestic violence, stalking, or minor children;

             (22) Failure to maintain bond or insurance; ((or))

             (23) Failure to have a qualifying principal in place; or

             (24) Being certified as not in compliance with a support order as provided in section 603 of this act.


             NEW SECTION. Sec. 649. A new section is added to chapter 18.165 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The director shall immediately suspend a license issued under this chapter if the holder has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.


             Sec. 650. RCW 18.170.170 and 1995 c 277 s 12 are each amended to read as follows:

             In addition to the provisions of section 651 of this act, the following acts are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

             (1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

             (2) Practicing fraud, deceit, or misrepresentation in any of the private security activities covered by this chapter;

             (3) Knowingly making a material misstatement or omission in the application for a license or firearms certificate;

             (4) Not meeting the qualifications set forth in RCW 18.170.030, 18.170.040, or 18.170.060;

             (5) Failing to return immediately on demand a firearm issued by an employer;

             (6) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private security guard license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

             (7) Failing to return immediately on demand any uniform, badge, or other item of equipment issued to the private security guard by an employer;

             (8) Making any statement that would reasonably cause another person to believe that the private security guard is a sworn peace officer;

             (9) Divulging confidential information that may compromise the security of any premises, or valuables shipment, or any activity of a client to which he or she was assigned;

             (10) Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended;

             (11) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;

             (12) Advertising that is false, fraudulent, or misleading;

             (13) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

             (14) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

             (15) Failure to cooperate with the director by:

             (a) Not furnishing any necessary papers or documents requested by the director for purposes of conducting an investigation for disciplinary action, denial, suspension, or revocation of a license under this chapter;

             (b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or

             (c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;

             (16) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the disciplining authority;

             (17) Aiding or abetting an unlicensed person to practice if a license is required;

             (18) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

             (19) Failure to adequately supervise employees to the extent that the public health or safety is at risk;

             (20) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against a client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

             (21) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.170.060;

             (22) Failure to maintain insurance; and

             (23) Failure to have a qualifying principal in place.


             NEW SECTION. Sec. 651. A new section is added to chapter 18.170 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.


             NEW SECTION. Sec. 652. A new section is added to chapter 18.175 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a certificate of registration after the person provides the director a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The director shall immediately suspend a certificate of registration issued under this chapter if the holder has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.


             NEW SECTION. Sec. 653. A new section is added to chapter 18.185 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to section 603 of this act by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the support order.


             Sec. 654. RCW 43.20A.205 and 1989 c 175 s 95 are each amended to read as follows:

             This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department.

             (1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other)) another manner that shows proof of receipt.

             (2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

             (a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.

             (b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

             (c) When the department has received certification pursuant to chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a support order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

             (3) Except for licensees suspended for noncompliance with a support order under chapter 74.20A RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

             (4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

             (b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.


             NEW SECTION. Sec. 655. A new section is added to chapter 28A.410 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 603 of this act may be issued a certificate or permit under this chapter. The application of a person so certified by the department of social and health services may be reviewed for issuance of a certificate or permit after the person provides the authority authorized to grant the certificate or permit a written release issued by the department of social and health services stating that the person is in compliance with the order.

             (2) Any certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be suspended by the authority authorized to grant the certificate or permit if the department of social and health services certifies that the person is not in compliance with a support order as provided in section 603 of this act. If the person continues to meet other requirements for reinstatement during the suspension, reissuance of the certificate or permit shall be automatic after the person provides the authority a written release issued by the department of social and health services stating that the person is in compliance with the order.


             Sec. 656. RCW 43.70.115 and 1991 c 3 s 377 are each amended to read as follows:

             This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department. This section does not govern actions taken under chapter 18.130 RCW.

             (1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other [another])) another manner that shows proof of receipt.

             (2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

             (a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.

             (b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

             (c) When the department has received certification pursuant to chapter 74.20A RCW from the department of social and health services that the licensee is a person who is not in compliance with a child support order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

             (3) Except for licensees suspended for noncompliance with a child support order under chapter 74.20A RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

             (4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

             (b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.


             NEW SECTION. Sec. 657. A new section is added to chapter 26.18 RCW to read as follows:

             (1) Upon motion by the obligee and after a hearing the court may enter a finding that the obligor is not in compliance with a support order for purposes of this section and that the obligor has a license or is in the process of applying for or renewing a license that is subject to the provisions of this section. The issue that may be considered at the hearing is limited to whether the obligor is in compliance with the support order.

             (2) If the court enters a finding that the obligor is not in compliance with a support order, the court shall enter an order directed to the appropriate licensing entity which certifies that the obligor is not in compliance with a support order. The order shall contain the obligor's name, address, and social security number, and shall indicate whether the obligor is believed to be a licensee who has, is in the process of applying for, or may seek renewal of a license issued directly by the licensing entity or through a board affiliated with the licensing entity. The court clerk shall forward the order to the licensing entity.

             (3) Upon receipt of the court order the licensing entity shall refuse to issue or renew a license to the licensee or shall suspend the licensee's license according to the provisions of section 603 of this act until the licensee provides the licensing entity with a release from the court that states the licensee is in compliance with the support order.

             (4) When an obligor subsequently complies with the support order, the court shall provide the obligor and the appropriate licensing entity with written confirmation that the obligor is in compliance with the court order.

             (5) The court may issue an order denying, suspending, or not reissuing a license if the court issues an arrest warrant after the obligor fails to appear at the show cause hearing.

             (6) Nothing in this section prohibits an obligor from filing a motion to modify a support order with the court under applicable provisions in chapter 26.09 RCW governing modification.

             (7) As used in this section, unless the context indicates otherwise, "licensing entity," "noncompliance with a support order," "license," and "licensee" have the same meanings as in RCW 74.20A.020.


             Sec. 658. RCW 26.23.050 and 1994 c 230 s 9 are each amended to read as follows:

             (1) If the office of support enforcement is providing support enforcement services under RCW 26.23.045, or if a party is applying for support enforcement services by signing the application form on the bottom of the support order, the superior court shall include in all court orders that establish or modify a support obligation:

             (a) A provision that orders and directs the responsible parent to make all support payments to the Washington state support registry;

             (b) A statement that a notice of payroll deduction may be issued, or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

             (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

             (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; ((and))

             (c) A statement that the receiving parent might be required to submit an accounting of how the support is being spent to benefit the child; and

             (d) A statement that the responsible parent's privileges to obtain and maintain a license, as defined in section 657 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 657 of this act.

             As used in this subsection and subsection (3) of this section, "good cause not to require immediate income withholding" means a written determination of why implementing immediate wage withholding would not be in the child's best interests and, in modification cases, proof of timely payment of previously ordered support.

             (2) In all other cases not under subsection (1) of this section, the court may order the responsible parent to make payments directly to the person entitled to receive the payments, to the Washington state support registry, or may order that payments be made in accordance with an alternate arrangement agreed upon by the parties.

             (a) The superior court shall include in all orders under this subsection that establish or modify a support obligation:

             (i) A statement that a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

             (A) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

             (B) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; and

             (ii) A statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child.

             As used in this subsection, "good cause not to require immediate income withholding" is any reason that the court finds appropriate.

             (b) The superior court may order immediate or delayed income withholding as follows:

             (i) Immediate income withholding may be ordered if the responsible parent has earnings. If immediate income withholding is ordered under this subsection, all support payments shall be paid to the Washington state support registry. The superior court shall issue a mandatory wage assignment order as set forth in chapter 26.18 RCW when the support order is signed by the court. The parent entitled to receive the transfer payment is responsible for serving the employer with the order and for its enforcement as set forth in chapter 26.18 RCW.

             (ii) If immediate income withholding is not ordered, the court shall require that income withholding be delayed until a payment is past due. The support order shall contain a statement that a notice of payroll deduction may be issued, or other income-withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent, after a payment is past due.

             (c) If a mandatory wage withholding order under chapter 26.18 RCW is issued under this subsection and the office of support enforcement provides support enforcement services under RCW 26.23.045, the existing wage withholding assignment is prospectively superseded upon the office of support enforcement's subsequent service of an income withholding notice.

             (3) The office of administrative hearings and the department of social and health services shall require that all support obligations established as administrative orders include a provision which orders and directs that the responsible parent shall make all support payments to the Washington state support registry. All administrative orders shall also state that the responsible parent's privileges to obtain and maintain a license, as defined in section 657 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 657 of this act. All administrative orders shall also state that a notice of payroll deduction may be issued, or other income withholding action taken without further notice to the responsible parent at any time after entry of the order, unless:

             (a) One of the parties demonstrates, and the presiding officer finds, that there is good cause not to require immediate income withholding; or

             (b) The parties reach a written agreement that is approved by the presiding officer that provides for an alternate agreement.

             (4) If the support order does not include the provision ordering and directing that all payments be made to the Washington state support registry and a statement that a notice of payroll deduction may be issued if a support payment is past due or at any time after the entry of the order, or that a parent's licensing privileges may be denied, not renewed, or suspended, the office of support enforcement may serve a notice on the responsible parent stating such requirements and authorizations. Service may be by personal service or any form of mail requiring a return receipt.

             (5) Every support order shall state:

             (a) The address where the support payment is to be sent;

             (b) That a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of an order by the court, unless:

             (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding; or

             (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement;

             (c) The income of the parties, if known, or that their income is unknown and the income upon which the support award is based;

             (d) The support award as a sum certain amount;

             (e) The specific day or date on which the support payment is due;

             (f) The social security number, residence address, and name and address of the employer of the responsible parent;

             (g) The social security number and residence address of the physical custodian except as provided in subsection (6) of this section;

             (h) The names, dates of birth, and social security numbers, if any, of the dependent children;

             (i) In cases requiring payment to the Washington state support registry, that the parties are to notify the Washington state support registry of any change in residence address. The responsible parent shall notify the registry of the name and address of his or her current employer, whether he or she has access to health insurance coverage at reasonable cost and, if so, the health insurance policy information;

             (j) That any parent owing a duty of child support shall be obligated to provide health insurance coverage for his or her child if coverage that can be extended to cover the child is or becomes available to that parent through employment or is union-related as provided under RCW 26.09.105;

             (k) That if proof of health insurance coverage or proof that the coverage is unavailable is not provided within twenty days, the obligee or the department may seek direct enforcement of the coverage through the obligor's employer or union without further notice to the obligor as provided under chapter 26.18 RCW; ((and))

             (l) The reasons for not ordering health insurance coverage if the order fails to require such coverage; and

             (m) That the responsible parent's privileges to obtain and maintain a license, as defined in section 657 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 657 of this act.

             (6) The physical custodian's address:

             (a) Shall be omitted from an order entered under the administrative procedure act. When the physical custodian's address is omitted from an order, the order shall state that the custodian's address is known to the office of support enforcement.

             (b) A responsible parent may request the physical custodian's residence address by submission of a request for disclosure under RCW 26.23.120 to the office of support enforcement.

             (7) The superior court clerk, the office of administrative hearings, and the department of social and health services shall, within five days of entry, forward to the Washington state support registry, a true and correct copy of all superior court orders or administrative orders establishing or modifying a support obligation which provide that support payments shall be made to the support registry. If a superior court order entered prior to January 1, 1988, directs the responsible parent to make support payments to the clerk, the clerk shall send a true and correct copy of the support order and the payment record to the registry for enforcement action when the clerk identifies that a payment is more than fifteen days past due. The office of support enforcement shall reimburse the clerk for the reasonable costs of copying and sending copies of court orders to the registry at the reimbursement rate provided in Title IV-D of the social security act.

             (8) Receipt of a support order by the registry or other action under this section on behalf of a person or persons who have not made a written application for support enforcement services to the office of support enforcement and who are not recipients of public assistance is deemed to be a request for payment services only.

             (9) After the responsible parent has been ordered or notified to make payments to the Washington state support registry under this section, the responsible parent shall be fully responsible for making all payments to the Washington state support registry and shall be subject to payroll deduction or other income withholding action. The responsible parent shall not be entitled to credit against a support obligation for any payments made to a person or agency other than to the Washington state support registry except as provided under RCW 74.20.101. A civil action may be brought by the payor to recover payments made to persons or agencies who have received and retained support moneys paid contrary to the provisions of this section.


             NEW SECTION. Sec. 659. A new section is added to chapter 26.09 RCW to read as follows:

             The court may issue an order denying, suspending, or not reissuing a license if the court issues an arrest warrant after the parent fails to appear following service under the civil rules at any hearing involving determination, modification, or enforcement of support or if a warrant is issued for failure to appear.

             As used in this section, "license" has the same meaning as in RCW 74.20A.020.


             NEW SECTION. Sec. 660. A new section is added to chapter 26.26 RCW to read as follows:

             The court may issue an order denying, suspending, or not reissuing a license if the court issues an arrest warrant after the parent fails to appear following service under the civil rules at any hearing involving establishment of paternity or support or if a warrant is issued for failure to appear.

             As used in this section, "license" has the same meaning as in RCW 74.20A.020.


             NEW SECTION. Sec. 661. A new section is added to chapter 74.20A RCW to read as follows:

             The court may issue an order denying, suspending, or not reissuing a license if the court issues an arrest warrant after the parent fails to appear following service under the civil rules at any hearing involving determination, modification, or enforcement of support or if a warrant is issued for failure to appear.


             NEW SECTION. Sec. 662. A new section is added to chapter 74.20A RCW to read as follows:

             The department shall indemnify a board acting under the authority of section 603 of this act for reasonable legal expenses incurred in defending the board's actions to comply with the requirements of section 603 of this act.


             NEW SECTION. Sec. 663. The department of fish and wildlife shall report by December 31, 1996, to appropriate committees of the legislature with recommendations on legislation to provide for the denial or suspension of recreational licenses for persons who have been certified by the department of social and health services as not in compliance with a support order under section 603 of this act.


             NEW SECTION. Sec. 664. Sections 601 through 663 of this act apply prospectively and retroactively to parents who are not in compliance with a support order on, before, or after the effective date of this section.


             NEW SECTION. Sec. 665. Section 614 of this act takes effect July 29, 2001.


             NEW SECTION. Sec. 666. Sections 601 through 613 and 615 through 664 of this act take effect July 1, 1996."


             Renumber the remaining part and sections consecutively, correct any internal references accordingly, and correct the table of contents and the title.


             Representative Cooke moved the adoption of the following amendment to the amendment by Representative Cooke:


             On page 1, beginning on line 6 of the amendment, strike


                                       ""PART VI. LICENSE SUSPENSION" and all material through "1996." on page 58, line 14 and insert the following:

             "NEW SECTION. Sec. 502. (1) The department of health shall coordinate a study on the revocation of occupational, professional, recreational, and driver's licenses for individuals who are in arrears on child support payments. In addition to other issues, the study shall also include a review of available means to compel attorneys who are in arrears on child support payments to fulfill their child support obligations. The study shall include the participation of the department of social and health services, department of licensing, board of pilotage commissioners, the department of fish and wildlife, the state bar association, and one member from each caucus of the senate and house of representatives.

             (2) The department of health shall submit the findings, conclusions, and recommendations of the study to the appropriate committees of the senate and house of representatives no later than December 1, 1996."


             Representatives Cooke, Carrell and Dyer spoke in favor of adoption of the amendment to the amendment.


             Representatives Patterson, H. Sommers, Chopp, Basich and Mason spoke against adoption of the amendment to the amendment.


POINT OF ORDER


             Representative Brown: Thank you Mr. Speaker. I believe she's referring to the bill and not to the amendment to the amendment.


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


ROLL CALL


             The Clerk called the roll on the adoption of the amendment to the amendment on page 1, beginning on line 6, to Engrossed Fourth Substitute House Bill No. 1481 and the amendment was adopted by the following vote: Yeas - 60, Nays - 37, Absent - 0, Excused - 1.

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

             Voting nay: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Mastin, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sheldon, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 37.

             Excused: Representative Silver - 1.


             Representative Patterson withdrew amendment number 175 as amended.


             Representative Cooke moved adoption of amendment number 175 as amended.


             Representative Dyer spoke in favor of adoption of the amendment as amended.


             Representative Appelwick spoke against adoption of the amendment as amended.


             The amendment as amended was adopted.


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


             On page 31, after line 17, insert the following:


             "NEW SECTION. Sec. 608. The child care coordinating council shall develop a proposal to exempt from time limits specified in chapter ..., Laws of 1996 (this act), caretakers who provide paid child care services for other caretakers who participate in either job opportunities and basic skills training program activities or paid employment. The proposal shall specify the minimum hours of child care to be provided, reimbursement rates for services rendered, the number of children who may be cared for, and recommended training and licensing standards. The council shall submit the proposal to the appropriate committees of the senate and house of representatives no later than December 1, 1996."


             Renumber the remaining sections consecutively and correct internal references accordingly.


             Representatives Cooke and Brown spoke in favor of adoption of the amendment.


             The amendment was adopted.


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


             Strike everything after the enacting clause and insert the following:


"PART I

TIME LIMITS ON PUBLIC ASSISTANCE


             Sec. 101. RCW 74.12.420 and 1994 c 299 s 9 are each amended to read as follows:

             The legislature recognizes that long-term recipients of aid to families with dependent children may require a period of several years to attain economic self-sufficiency. To provide incentives for long-term recipients to leave public assistance and accept paid employment, the legislature finds that less punitive and onerous sanctions than those required by the federal government are appropriate. The legislature finds that a ten percent reduction in grants for long-term recipients that may be replaced through earned income is a more positive approach than sanctions required by the federal government for long-term recipients who fail to comply with requirements of the job opportunities and basic skills program. A long-term recipient shall not be subject to two simultaneous sanctions for failure to comply with the participation requirements of the job opportunities and basic skills program and for exceeding the length of stay provisions of this section.

             (1) ((After forty-eight monthly benefit payments in a sixty-month period, and after each additional twelve monthly benefit payments, the aid to families with dependent children monthly benefit payment shall be reduced by ten percent of the payment standard, except that after forty-eight monthly payments in a sixty-month period, full monthly benefit payments may be made)) After thirty-six full monthly benefit payments in a sixty-month period, benefit payments shall be reduced by ten percent each year for a period of no more than three years, totaling thirty-six monthly payments. At the end of the period consisting of thirty-six months of full payments in a sixty-month period followed by thirty-six months of reduced payments, no further payments may be allowed for two years. However, neither reduction nor time limits in this section apply if:

             (a) The person is incapacitated or is needed in the home to care for a member of the household who is incapacitated;

             (b) The person is needed in the home to care for a child who is under ((three)) two years of age;

             (c) There are no adults in the assistance unit;

             (d) The person is ((cooperating in the development and implementation of an employability plan)) actively participating in the job opportunities and basic skills training program while receiving aid to families with dependent children and no present full-time, part-time, or unpaid work experience job is offered; ((or))

             (e) During a month in which a grant reduction would be imposed under this section, the person is participating in an unpaid work experience program;

             (f) Child care is not made available by the department;

             (g) The person was not offered services by the job opportunities and basic skills program at least six months before the benefit reduction; or

             (h) The person is volunteering in the community a minimum of eighty hours per month.

             (2) ((For purposes of determining the amount of the food stamp benefit for recipients subject to benefit reductions provided for in subsection (1) of this section, countable income from the aid to families with dependent children program shall be set at the payment standard.

             (3))) For purposes of determining monthly benefit payments for two-parent aid to families with dependent children households, the length of stay criterion will be applied to the parent with the longer history of public assistance receipt.


             NEW SECTION. Sec. 102. A new section is added to chapter 74.12 RCW to read as follows:

             A family receiving or applying for assistance under the aid to families with dependent children program shall enter into an accountability agreement satisfying the requirements of this section. The agreement shall be entered into by the department of social and health services and the recipient on a form prescribed by the department. The agreement shall include a list of available benefits to which the family is eligible, a summary of the responsibilities the recipient must accept, and related conditions of benefits, including time limits and benefit reductions.


PART II

REQUIRING MANDATORY PARTICIPATION IN THE

JOB OPPORTUNITIES AND BASIC SKILLS PROGRAM


             Sec. 201. RCW 74.25.020 and 1993 c 312 s 7 are each amended to read as follows:

             (1) The department of social and health services is authorized to contract with public and private employment and training agencies and other public service entities to provide services prescribed or allowed under the federal social security act, as amended, to carry out the purposes of the jobs training program. The department of social and health services has sole authority and responsibility to carry out the job opportunities and basic skills training program. No contracting entity shall have the authority to review, change, or disapprove any administrative decision, or otherwise substitute its judgment for that of the department of social and health services as to the application of policies and rules adopted by the department of social and health services.

             (2) ((To the extent feasible under federal law, the department of social and health services and all entities contracting with it shall give first priority of service to individuals volunteering for program participation.)) The department of social and health services shall develop a realistic schedule for the phase-in of client participation in the job opportunities and basic skills training program based on the availability of state and federal funding.

             (3) The department of social and health services shall adopt rules under chapter 34.05 RCW ((establishing)) that conform to the criteria in federal law for mandatory program participation as well as establish criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned program component, or failing or refusing to accept or retain employment. ((These)) The good cause criteria shall include, but not be limited to, the following circumstances: (a) If the individual is a parent or other relative personally providing care for a child under age ((six)) two years, and the employment would require the individual to work more than twenty hours per week; (b) if child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department of social and health services fails to provide such care; (c) the employment would result in the family of the participant experiencing a net loss of cash income; or (d) circumstances that are beyond the control of the individual's household, either on a short-term or on an ongoing basis.

             (4) The department of social and health services shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent and purpose of this chapter.


PART III

CHILD SUPPORT


             NEW SECTION. Sec. 301. A new section is added to chapter 74.20A RCW to read as follows:

             (1) The department may serve a notice upon a responsible parent informing the parent of the department's intent to certify the parent to the department of licensing as an individual who is not in compliance with a child support order. As used in this section "noncompliance with a child support order" means arrears totaling three or more months of current support have accumulated since the entry of the order and the responsible parent has not made arrangements satisfactory to the division of child support to pay current support and retire the arrears. The notice shall be served personally, or by any form of mail requiring a return receipt. The notice shall inform the responsible parent that:

             (a) Noncompliance may result in suspension of the parent's driver's license;

             (b) The parent may contest the issue of compliance at an adjudicative proceeding under chapter 34.05 RCW;

             (c) A request for an adjudicative proceeding shall be in writing and must be received by the department within twenty days of the date of service;

             (d) If the parent requests an adjudicative proceeding within twenty days of the date of service, the department shall stay the action to certify the parent to the department of licensing pending the outcome of the adjudicative proceeding;

             (e) The department shall certify the parent to the department of licensing for noncompliance with a child support order unless the parent, within twenty days of the date the notice is served:

             (i) Requests an adjudicative proceeding to contest the issue of noncompliance; or

             (ii) Makes arrangements, satisfactory to the department, to pay current support and retire the past-due child support debt;

             (f) If the department certifies the parent to the department of licensing, the department of licensing shall suspend the parent's driver's license;

             (g) If the parent requests an adjudicative proceeding, the parent shall direct the request to the division of child support field office that is responsible for handling the parent's case; and

             (h) If the parent files an action to modify support with the appropriate judicial or administrative forum that issued the order, the department shall, for up to one hundred eighty days, stay the action to certify the parent to the department of licensing for noncompliance with a child support order.

             (2) The notice shall include the address and telephone number of the division of child support field office that issues the notice, a copy of the responsible parent's child support order, and the amount of the delinquency.

             (3) A responsible parent may request an adjudicative proceeding within twenty days of the date the notice is served. The request for adjudicative proceeding shall be in writing and include the responsible parent's current address. The adjudicative proceeding shall be conducted in accordance with chapter 34.05 RCW and the rules of the department. The issues that may be considered at an adjudicative proceeding under this section are limited to whether the parent is required to pay child support under a child support order and whether the parent is in compliance with that order.

             (4) The decision resulting from the adjudicative proceeding shall be in writing and inform the responsible parent of all rights to review. The responsible parent's copy of any order resulting from the adjudicative proceeding may be sent to the parent by regular mail.

             (5) If a responsible parent timely requests an adjudicative proceeding to contest the issue of compliance with the child support order, the department may not certify the name of the parent to the department of licensing unless the adjudicative proceeding process results in a finding that the parent is not in compliance with the child support order.

             (6) If a responsible parent fails to respond timely to the original notice, the department shall issue a second notice to the parent. The second notice shall advise the parent that the department shall, ninety days from the date of the second notice, certify the parent to the department of licensing for noncompliance with a child support order unless the parent makes arrangements satisfactory to the division of child support to pay current support and retire the delinquency under the child support order. This second notice shall be sent by regular mail and the parent may not contest this second notice by requesting an adjudicative proceeding.

             (7) The department may certify in writing, or by electronic transfer, to the department of licensing that a responsible parent is not in compliance with a child support order if:

             (a) The parent does not timely request an adjudicative proceeding upon service of a notice issued under this section and is not in compliance with a child support order twenty-one days after service of the notice;

             (b) Within twenty days of receiving the notice under this section the parent fails to make arrangements satisfactory to the division of child support to pay current support and retire the delinquency under the child support order; or

             (c) The parent timely requests an adjudicative proceeding that results in a final order that the parent is not in compliance with a child support order.

             The department shall send by regular mail a copy of any certification of noncompliance filed with the department of licensing to the responsible parent at the parent's last known address.

             (8) The department shall release certifications of noncompliance previously filed with the department of licensing when the parent is in compliance with the child support order or makes satisfactory arrangements with the division of child support to retire any delinquency under the order. The department shall issue such releases to the department of licensing in writing, or by electronic transfer. The department shall send the parent a copy of the release by regular mail.

             (9) Nothing in this section prohibits a responsible parent from filing an action with the appropriate forum to modify the child support order. The department shall, for up to one hundred eighty days, stay the action to certify the parent to the department of licensing for noncompliance with a child support order if the parent files an action to modify the order.

             (10) The department shall adopt rules to implement and enforce this section.


             NEW SECTION. Sec. 302. A new section is added to chapter 46.20 RCW to read as follows:

             In addition to other qualifications and conditions established under this chapter, the right of an individual to hold a driver's license issued by the department is subject to the requirements of section 301 of this act.


             NEW SECTION. Sec. 303. A new section is added to chapter 46.20 RCW to read as follows:

             Within thirty days of the department's receipt of a written notice from the department of social and health services as provided under chapter 74.20A RCW stating that a child support obligor who operates a motor vehicle is not in compliance with a child support order, the department shall suspend the obligor's driver's license. The department may not reinstate a license suspended for noncompliance with a child support order until authorized by the secretary of the department of social and health services, or the secretary's authorized representative.


             NEW SECTION. Sec. 304. A new section is added to chapter 46.20 RCW to read as follows:

             Upon suspending an individual's driver's license under section 303 of this act, the department shall notify the individual of the suspension. The notice of suspension shall specify the reason for, and the effective date of, the suspension. The notice of suspension shall inform the individual that in order to apply for reinstatement, the individual shall obtain written authorization from the department of social and health services. The notice of suspension shall inform the individual of the right to petition for judicial review of the notice of suspension in superior court within thirty days of receipt of the notice. The department shall send a copy of the notice of suspension to the department of social and health services.


             NEW SECTION. Sec. 305. A new section is added to chapter 46.20 RCW to read as follows:

             Upon receipt of a release of certification issued by the department of social and health services, and at the request of an individual whose driver's license has been suspended under section 303 of this act, the department shall reissue the individual's driver's license if the individual is otherwise eligible under this chapter to obtain a driver's license.


             NEW SECTION. Sec. 306. A new section is added to chapter 46.20 RCW to read as follows:

             The department of social and health services and the department of licensing may enter into an interagency agreement to carry out the requirements of chapter . . . , Laws of 1996 (this act).


             NEW SECTION. Sec. 307. A new section is added to chapter 46.20 RCW to read as follows:

             The department of social and health services shall indemnify the department of licensing for reasonable legal expenses incurred in defending the department's actions to comply with the requirements in sections 301 through 305 of this act.


             NEW SECTION. Sec. 308. A new section is added to chapter 74.12 RCW to read as follows:

             (1) The diversion-from-welfare program is established to assist families with a likelihood of imminent recurring income who could otherwise qualify for public assistance. The department may establish two pilot projects, one east of the crest of the Cascade mountains, and one west of the crest of the Cascade mountains, to divert families eligible to receive public assistance and instead provide a cash diversion payment.

             (2) Applicants for and recipients of benefits under the diversion-from-welfare program shall not be required to assign rights to collect child support as a condition of receipt of program benefits.

             (3) A person who has accepted a cash diversion payment is not eligible for additional welfare aid for a three-month period beginning with the first day of the month in which the diversion payment is made.

             (4) The department shall provide the following benefits and services under the diversion program:

             (a) A one-time cash payment to meet basic or emergency needs to stabilize the family and avoid continuing welfare assistance;

             (b) The cash payment shall be based on the individual needs of each family and shall not exceed the value of what would be received by that family in a three-month period if the family were receiving welfare payments;

             (c) Transitional child care assistance shall be provided for up to twelve months; and

             (d) Transitional medical assistance shall be provided for up to twelve months.

             (5) The department shall use federal funding for the diversion program.


PART IV

GENERAL PROVISIONS


             NEW SECTION. Sec. 401. A new section is added to chapter 74.12 RCW to read as follows:

             The provision that recipients of aid to families with dependent children may earn and keep the first thirty dollars and one-third of the remaining amount earned without having their monthly benefit payment reduced by that amount may be extended to the duration of the time the individual is receiving a welfare grant.


             NEW SECTION. Sec. 402. A new section is added to chapter 74.12 RCW to read as follows:

             In order to receive payments, a recipient must name the noncustodial parent, except in the cases of victims of rape and incest. The department shall take all reasonable steps to determine the identity of the noncustodial parent. The department shall cooperate with licensed health care providers, prosecuting attorneys, and other interested parties to determine the noncustodial parent's identity.


             NEW SECTION. Sec. 403. A new section is added to chapter 74.12 RCW to read as follows:

             An aid to families with dependent children recipient's length of benefits shall be determined based on actual months of receipt of public assistance, including months of receipt of public assistance before the effective date of this section. Benefits shall not be reduced under this section before January 1, 1997.


             NEW SECTION. Sec. 404. A new section is added to chapter 74.13 RCW to read as follows:

             The office of child care policy shall restructure assistance child care, transitional child care, and employment child care into a unified program. If not fully funded, priority for child care shall be in the following order to: (1) Those who are on welfare and working; (2) those in transition from welfare; and (3) those employed and needing child care assistance.


PART V

TEEN PREGNANCY PREVENTION


             NEW SECTION. Sec. 501. The office of the superintendent of public instruction shall introduce a uniform teen pregnancy prevention curriculum into every school district commencing with the 1996-97 school year.


             NEW SECTION. Sec. 502. The department of health shall initiate six home visitor programs for unmarried teen mothers designed to avoid second pregnancies. The program shall be operated through local health departments and shall use a mentor model of service delivery.


             NEW SECTION. Sec. 503. The department of health shall continue a media awareness program targeted at adult males designed to prevent teen pregnancy.


             NEW SECTION. Sec. 504. A new section is added to chapter 48.43 RCW to read as follows:

             (1) The legislature finds that nearly sixty percent of all pregnancies are unintended at the time of conception, and more than half of all unintended pregnancies end in abortion. In order to help women avoid unintended pregnancies and reduce the need for abortion, the legislature intends to increase access to contraceptive services.

             (2) Every health plan issued or renewed by a health carrier after July 1, 1996, that includes benefits for prescription drugs must include federal drug administration-approved prescriptive and preventive contraceptive drugs and devices, subject to the plan's formulary. The formulary must include at least oral contraceptives, injectable contraceptives, and diaphragms.


PART VI

EMPLOYMENT AND TRAINING PROGRAMS

A. TAX INCENTIVE PROGRAM


             NEW SECTION. Sec. 601. (1) The department of social and health services is authorized to establish the tax incentive program. The department of social and health services shall adopt rules for the tax incentive program. The rules shall include, but are not limited to:

             (a) Designation of three categories of eligible aid to families with dependent children;

             (b) Selection criteria that the department can use to establish a pool of prospective aid to families with dependent children participants;

             (c) A restriction on the total number of employees that an employer may have in the program, except that no more than twenty percent of the employer's employees may participate in the program, except businesses with fewer than five employees may have one employee participate;

             (d) A requirement that the employer participate in the earned income tax credit program;

             (e) Standards regarding length and learning objectives of training plans. Training plans may not exceed two years.

             (2) The department of social and health services may contract with a public or private entity to carry out the department's duties under this section. The department of social and health services reserves the right to withdraw designation of authority to this entity without showing cause.

             (3) The department of social and health services shall manage the program so that the total amount of credits by all employers claiming tax credits does not exceed fifteen million dollars in any biennium. The department shall enter into contracts with employers on a first-come, first-served basis. The department shall maintain an up-to-date tabulation of the potential total amount of all credits that may be claimed during each biennium under all training plans and shall not enter into any additional training plan agreement if to do so would result in the amount exceeding fifteen million dollars during a biennium.

             (4) Employers who agree to accept a one hundred percent tax credit instead of the one hundred twenty percent shall be given priority in selection and placement of qualified participants.

             (5) Employers who develop permanent work positions for their trainees will have priority. Employers who do not develop permanent work positions for their trainees may be excluded from participating in the program.

             (6) This section expires June 30, 2001.


B. APPRENTICESHIP PROGRAMS


             NEW SECTION. Sec. 602. (1) By investing in and using registered apprentices, the legislature finds that the state can take a leadership role in creating new jobs to stimulate the state's economy, providing training to increase the skilled labor force across the state, and increasing diversity in the state's industries, including construction industry and all other state agencies.

             (2) In order to offer training and employment incentives to recipients of aid to families with dependent children, the apprenticeship pilot program shall be established. In conjunction with the department of social and health services and the employment security department, the department of transportation shall review the programs in sections 603 and 604 of this act and make recommendations to appropriate committees of the legislature.

             (3) This section expires June 30, 2001.


             NEW SECTION. Sec. 603. (1) The department of transportation shall establish training requirements on construction projects improving state-owned highway infrastructures that are funded with state tax revenues. The department shall use state-approved apprenticeship programs, as established by chapter 49.04 RCW, and presently operated by contractor associations, labor unions, and other organizations.

             (2) The department shall adopt rules to establish and administer the training requirements.

             (3) This section expires June 30, 2001.


             NEW SECTION. Sec. 604. (1) The department of social and health services shall establish, in conjunction with other state agencies, an apprenticeship program that will provide training to increase the state's labor force across the state. The department shall establish training requirements for positions in state government funded with state revenues. Each department shall use state-appointed apprentices.

             (2) Each participating department shall adopt rules to establish and administer the minimum training requirements.

             (3) This section expires June 30, 2001.


C. COMMUNITY SERVICES


             NEW SECTION. Sec. 605. (1) The department of social and health services shall review and make recommendations for the implementation of an employment transition program requiring work in community service positions by aid to families with dependent children recipients who are able to work and are not able to find a training position as described in sections 602 through 604 of this act. Acceptable work under this program includes positions such as:

             (a) School assistant in local public schools;

             (b) Child care assistant in private nonprofit agencies; and

             (c) Home care worker in private nonprofit agencies.

             (2) The department shall make recommendations concerning the reasonable amount of hours to be worked by aid to families with dependent children recipients in exchange for their aid to families with dependent children grant and food stamp allocation.

             (3) The department shall work with community-based organizations and aid to families with dependent children recipients in developing these recommendations and shall submit a report to appropriate committees of the legislature no later than November 1, 1996.

             (4) This section expires December 1, 1996.


             NEW SECTION. Sec. 606. A new section is added to chapter 74.04 RCW to read as follows:

             The department of social and health services, the employment security department, the department of community, trade, and economic development, and the community and technical colleges shall cooperate and coordinate among the existing state and federal assistance and training programs to focus the efforts of enrollees and programs to most effectively achieve results from the various programs.


             NEW SECTION. Sec. 607. (1) No training plans may be entered into after June 30, 2001. Contracts in effect on June 30, 2001, shall continue in effect according to the terms of the contract.

             (2) If the program under section 601 of this act is terminated before June 30, 2001, persons eligible for tax credits at the time of program termination shall receive such credits, subject to the limitations in section 601 of this act.


PART VII

MISCELLANEOUS


             NEW SECTION. Sec. 701. Part headings as used in this act do not constitute any part of the law.


             NEW SECTION. Sec. 702. The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the department of health for the purposes of section 502 of this act.


             NEW SECTION. Sec. 703. The sum of four hundred eighty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the department of health for the purposes of section 503 of this act.


             NEW SECTION. Sec. 704. The governor and the department of social and health services shall seek all necessary exemptions and waivers from and amendments to federal statutes, rules, and regulations and shall report to the appropriate committees in the house of representatives and senate quarterly on the efforts to secure the federal changes to permit full implementation of this act at the earliest possible date.


             NEW SECTION. Sec. 705. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.


             NEW SECTION. Sec. 706. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."


             On page 1, line 4 of the title, after "benefits;" strike the remainder of the title and insert "amending RCW 74.12.420 and 74.25.020; adding new sections to chapter 74.12 RCW; adding a new section to chapter 74.20A RCW; adding new sections to chapter 46.20 RCW; adding a new section to chapter 74.13 RCW; adding a new section to chapter 48.43 RCW; adding a new section to chapter 74.04 RCW; creating new sections; making appropriations; and providing expiration dates."


             Representatives Tokuda and H. Sommers spoke in favor of adoption of the amendment.


MOTION


             Representative Brown moved that the House suspend Rule 13C.


             Representative Hatfield 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 Engrossed Fourth Substitute House Bill No. 1481 and the amendment was not adopted by the following vote: Yeas - 36, Nays - 61, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sheldon, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 36.

             Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 61.

             Excused: Representative Silver - 1.


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


             Representatives Cooke, Chopp, Thompson and Mason spoke in favor of passage of the bill.


             Representatives Tokuda, H. Sommers, Brown and Sheldon spoke against passage of the bill.


POINT OF INQUIRY


             Representative Cooke yielded to a question by Representative Conway.


             Representative Conway: You know I'm very interested in the fiscal note on this bill and I did look carefully at the fiscal note and it does show that we will need about 1.19 million dollars to pay for this Welfare Reform bill and I'm just wondering if it is your intent to put that into the supplemental budget.


             Representative Cooke: Perhaps you should really talk to the Chair of Appropriations but I can answer the question for myself and I think you will see the chair nodding. The figure is very close, the numbers are slightly different but very close and I can say yes, our commitment is there including which we knowingly responded to where we do not have federal matched dollars for those unemployed parents.


             The Speaker stated the question before the House to be final passage of Engrossed Fourth Substitute House Bill No. 1481.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Fourth Substitute House Bill No. 1481 and the bill passed the House by the following vote: Yeas - 61, Nays - 36, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 61.

             Voting nay: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sheldon, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 36.

             Excused: Representative Silver - 1.


             Engrossed Fourth Substitute House Bill No. 1481, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2785, by Representatives Reams, Chopp, Cairnes, Thompson and Elliot

 

Providing a bidding procedure for public works projects in counties.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2785 was substituted for House Bill No. 2785 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2785 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 Reams spoke in favor of passage of the bill.


             Representative Scheuerman spoke against passage of the bill.


             Representative Reams again 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. 2785.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2785 and the bill passed the House by the following vote: Yeas - 66, Nays - 31, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chopp, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mitchell, Morris, Mulliken, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 66.

             Voting nay: Representatives Basich, Brown, Campbell, Chappell, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Grant, Hatfield, Keiser, Kessler, Linville, Mason, Mastin, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Sterk, Tokuda, Valle, Veloria and Wolfe - 31.

             Excused: Representative Silver - 1.


             Substitute House Bill No. 2785, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2374, by Representatives Pelesky, Hargrove, L. Thomas, Hickel, McMahan, Thompson, Sherstad, Goldsmith, Mulliken, Blanton, Hymes, Stevens and Crouse

 

Prohibiting payment of striking educational employees.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2374 was substituted for House Bill No. 2374 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2374 was read the second time.


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


             On page 1, line 19, after "district" insert ", after having refused an offer from the employer school district of binding arbitration"


             On page 8, after line 4, insert the following:


             "NEW SECTION. Sec. 8. A new section is added to chapter 41.59 RCW to read as follows:

             The intent and purpose of sections 8 through 15 of this act are to recognize that there exists a public policy in the state of Washington against strikes by educational employees as a means of settling their labor disputes; that the uninterrupted and dedicated service of these employees is vital to the welfare and public safety of the state of Washington; that to promote such dedicated and uninterrupted public service there should exist an effective and adequate alternative means of settling disputes.


             NEW SECTION. Sec. 9. A new section is added to chapter 41.59 RCW to read as follows:

             Negotiations between an employer and the bargaining representative in a unit of educational employees shall be commenced at least five months before the date on which school districts are required to submit copies of their budgets to their educational service districts. If no agreement has been reached sixty days after the commencement of such negotiations then, at any time thereafter, either party may declare that an impasse exists and may submit the dispute to the commission for mediation, with or without the concurrence of the other party. The commission shall appoint a mediator, who shall forthwith meet with the representatives of the parties, either jointly or separately, and shall take such other steps as he or she may deem appropriate in order to persuade the parties to resolve their differences and effect an agreement: PROVIDED, That a mediator does not have a power of compulsion.


             NEW SECTION. Sec. 10. A new section is added to chapter 41.59 RCW to read as follows:

             If an agreement has not been reached following a reasonable period of negotiations and mediation, and the executive director of the commission, upon the recommendation of the assigned mediator, finds that the parties remain at impasse, then an interest arbitration panel shall be created to resolve the dispute. The issues for determination by the arbitration panel shall be limited to the issues certified by the executive director. Within seven days following the issuance of the determination of the executive director, each party shall name one person to serve as its arbitrator on the arbitration panel. The two members so appointed shall meet within seven days following the appointment of the later appointed member to attempt to choose a third member to act as the neutral chairman of the arbitration panel. Upon the failure of the arbitrators to select a neutral chairman within seven days, the two appointed members shall use one of the two following options in the appointment of the third member, who shall act as chairman of the panel: (1) By mutual consent, the two appointed members may jointly request the commission, and the commission shall appoint a third member within two days of such request. Costs of each party's appointee shall be borne by each party respectively; other costs of the arbitration proceedings shall be borne by the commission; or (2) either party may apply to the commission, the federal mediation and conciliation service, or the American Arbitration Association to provide a list of five qualified arbitrators from which the neutral chairman shall be chosen. Each party shall pay the fees and expenses of its arbitrator, and the fees and expenses of the neutral chairman shall be shared equally between the parties.

             The arbitration panel so constituted shall promptly establish a date, time, and place for a hearing and shall provide reasonable notice thereof to the parties to the dispute. A hearing, which shall be informal, shall be held, and each party shall have the opportunity to present evidence and make argument. No member of the arbitration panel may present the case for a party to the proceedings. The rules of evidence prevailing in judicial proceedings may be considered, but are not binding, and any oral testimony or documentary evidence or other data deemed relevant by the chairman of the arbitration panel may be received in evidence. A recording of the proceedings shall be taken. The arbitration panel has the power to administer oaths, require the attendance of witnesses, and require the production of such books, papers, contracts, agreements, and documents as may be deemed by the panel to be material to a just determination of the issues in dispute. If any person refuses to obey a subpoena issued by the arbitration panel, or refuses to be sworn or to make an affirmation to testify, or any witness, party, or attorney for a party is guilty of any contempt while in attendance at any hearing held hereunder, the arbitration panel may invoke the jurisdiction of the superior court in the county where the labor dispute exists, and the court has jurisdiction to issue an appropriate order. Any failure to obey the order may be punished by the court as a contempt thereof. The hearing conducted by the arbitration panel shall be concluded within twenty-five days following the selection or designation of the neutral chairman of the arbitration panel, unless the parties agree to a longer period.

             The neutral chairman shall consult with the other members of the arbitration panel, and, within thirty days following the conclusion of the hearing, the neutral chairman shall make written findings of fact and a written determination of the issues in dispute, based on the evidence presented. A copy thereof shall be served on the commission, on each of the other members of the arbitration panel, and on each of the parties to the dispute. That determination shall be final and binding upon both parties, subject to review by the superior court upon the application of either party within thirty days of its receipt solely upon the question of whether the decision of the panel was arbitrary or capricious.


             NEW SECTION. Sec. 11. A new section is added to chapter 41.59 RCW to read as follows:

             An interest arbitration panel created pursuant to section 10 of this act, in the performance of its duties under this chapter, exercises a state function and is, for the purposes of this chapter, a state agency. Chapter 34.05 RCW does not apply to proceedings before an interest arbitration panel under this chapter.


             NEW SECTION. Sec. 12. A new section is added to chapter 41.59 RCW to read as follows:

             During the pendency of the proceedings before the arbitration panel, existing wages, hours and other conditions of employment shall not be changed by action of either party without the consent of the other but a party may so consent without prejudice to his rights or position under sections 8 through 15 of this act.


             NEW SECTION. Sec. 13. A new section is added to chapter 41.59 RCW to read as follows:

             If the representative of either or both the educational employees and the employer refuse to submit to the procedures set forth in sections 9 and 10 of this act, the parties, or the commission on its own motion, may invoke the jurisdiction of the superior court for the county in which the labor dispute exists and such court shall have jurisdiction to issue an appropriate order. A failure to obey such order may be punished by the court as a contempt thereof. A decision of the arbitration panel shall be final and binding on the parties, and may be enforced at the instance of either party, the arbitration panel or the commission in the superior court for the county where the dispute arose.


             NEW SECTION. Sec. 14. A new section is added to chapter 41.59 RCW to read as follows:

             The right of educational employees to engage in any strike, work slowdown, or stoppage is not granted. Both parties to any dispute shall submit to the procedures set forth in sections 9 and 10 of this act without resort to a strike or lockout. An organization recognized as the bargaining representative that willfully disobeys a lawful order of enforcement by a superior court pursuant to section 13 of this act and this section, or willfully offers resistance to such order, whether by strike or otherwise, is in contempt of court as provided in chapter 7.21 RCW. An employer that willfully disobeys a lawful order of enforcement by a superior court pursuant to section 13 of this act or willfully offers resistance to such order is in contempt of court as provided in chapter 7.21 RCW.


             NEW SECTION. Sec. 15. A new section is added to chapter 41.59 RCW to read as follows:

             (1) In making its determination, the arbitration panel shall be mindful of the legislative purpose enumerated in section 8 of this act and as additional standards or guidelines to aid it in reaching a decision, shall take into consideration the following factors:

             (a) The constitutional and statutory authority of the employer;

             (b) Stipulations of the parties;

             (c) The average consumer prices for goods and services, commonly known as the cost of living;

             (d) At-risk student populations or students with special needs;

             (e) The financial capability of the school district;

             (f) Changes in any of the foregoing circumstances during the pendency of the proceedings; and

             (g) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment.

             (2) Nothing in this section shall be construed to prohibit an employer and an exclusive bargaining representative from agreeing to substitute, at their own expense, their own procedure for resolving impasses in collective bargaining for that provided in this section or from agreeing to utilize for the purposes of this section any other governmental or other agency or person in lieu of the commission.


             NEW SECTION. Sec. 16. RCW 41.59.120 and 1975 1st ex.s. c 288 s 13 are each repealed."


             Renumber the sections consecutively and correct the title and any internal references accordingly.


             On page 8, line 5, after "1 through 5" insert "and 8 through 16"


             Representatives Cole, Keiser and Conway spoke in favor of adoption of the amendment.


             Representatives Pelesky, Elliot, Linville, Schoesler and Clements spoke against adoption of the amendment.


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


ROLL CALL


             The Clerk called the roll on the adoption of the amendment on page 1, line 19, to Substitute House Bill No. 2374 and the amendment was not adopted by the following vote: Yeas - 40, Nays - 57, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Basich, Brown, Campbell, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Robertson, Romero, Rust, Scheuerman, Scott, Smith, Sommers, H., Sterk, Tokuda, Valle, Veloria and Wolfe - 40.

             Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Sommers, D., Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 57.

             Excused: Representative Silver - 1.


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


             On page 2, line 7, after "shall" insert "not"


             On page 2, line 7, after "include" strike "the employee's base salary plus"


             Representative Quall spoke in favor of adoption of the amendment.


             Representative Pelesky spoke against adoption of the amendment.


POINT OF INQUIRY


             Representative Quall yielded to a question by Representative Smith.


             Representative Smith: If the supplemental contract was for instance for football which would happen at the beginning of the school year how would your amendment effect the football coach who is on strike and not coaching football during that season.


             Representative Quall: The way that would effect the fall's sport you'd have to be football coach. In strikes many times fall sports do operate in the strikes. Many times they do, in other words football continues on so it they continue on they get paid. Now under my amendment they would get paid. If my amendment doesn't stand they would be out there coaching football in the fall in the rain with those kids working hard making about a buck an hour and your gonna deny them pay. But now if you pass this amendment of mine that won't happen.


             The Speaker divided the House. The results of the division was 42-YEAS; 57-NAYS. The amendment was not adopted.


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


             On page 2, beginning on line 28, after "district." strike all material through "year." on line 33


             On page 4, after line 34, strike all material through "place." on page 8, line 4


Renumber remaining sections, correct internal references, and correct the title accordingly.


             Representative Jacobsen moved the adoption of the following amendment to the amendment by Representative Jacobsen:


             On page 1, line 4 of the amendment, after :line 33" insert "and insert "However, if schools are closed, students shall not be required to attend school after June 21.""


             Representative Jacobsen spoke in favor of adoption of the amendment to the amendment.


             Representative Pelesky spoke against adoption of the amendment to the amendment.


             The amendment to the amendment was not adopted.


             Representative Keiser spoke in favor of adoption of the amendment on page 2, beginning on line 28.


             Representative Pelesky spoke against adoption of the amendment on page 2, beginning on line 28.


             The amendment was not adopted.


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


             Representatives Pelesky and Brumsickle spoke in favor of passage of the bill.


             Representatives Cole, Basich, Conway, Grant, Quall and Scheuerman spoke against passage of the bill.


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


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2374.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2374 and the bill passed the House by the following vote: Yeas - 61, Nays - 36, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 61.

             Voting nay: Representatives Appelwick, Basich, Brown, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Jacobsen, Keiser, Kessler, Lambert, Linville, Mason, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Sterk, Tokuda, Valle, Veloria and Wolfe - 36.

             Excused: Representative Silver - 1.


             Substitute House Bill No. 2374, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote NAY on Substitute House Bill No. 2374.


BRIAN HATFIELD, 19th District


             There being no objection, the House reverted to the fourth order of business.


INTRODUCTIONS AND FIRST READING

 

2SSB 5175        by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Pelz and Deccio; by request of Liquor Control Board)

 

Permitting certain retail liquor licensees to be licensed as manufacturers.

 

Referred to Committee on Commerce & Labor.

 

ESSB 5359       by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Sheldon, Cantu, Rasmussen, Winsley and A. Anderson)

 

Creating a self-employment income support program.

 

Referred to Committee on Commerce & Labor.

 

3SSB 5476        by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Loveland, Winsley, Fraser, Haugen, Kohl, Wood, Drew, Bauer, Pelz, Prentice, Quigley, McAuliffe, Roach, Fairley, Franklin, Prince and Long)

 

Sharing leave or personal holidays.

 

Referred to Committee on Government Operations.

 

SB 5615            by Senators Pelz, Franklin, Hargrove, Snyder, Bauer, Fraser, McAuliffe, Smith, Prentice, Heavey and Rinehart

 

Revising provisions relating to compensation during reconsideration of department of labor and industries industrial insurance orders.

 

Referred to Committee on Commerce & Labor.

 

2SSB 5841        by Senate Committee on Ways & Means (originally sponsored by Senators Pelz, Winsley, Gaspard, Roach, Snyder, Loveland, Rinehart, McAuliffe, Spanel, Heavey, Franklin, Bauer, Smith, Fairley, Prentice, Fraser, Kohl, Quigley, Rasmussen, Sutherland, Sheldon, Drew, Wojahn, West, Wood, C. Anderson and Moyer; by request of Governor Lowry)

 

Enacting the personnel system reform act of 1995.

 

Referred to Committee on Commerce & Labor.

 

SSB 6096          by Senate Committee on Ecology & Parks (originally sponsored by Senator Rasmussen)

 

Changing financial responsibility requirements for operators of solid waste landfills.

 

Referred to Committee on Agriculture & Ecology.

 

SSB 6097          by Senate Committee on Agriculture & Agricultural Trade & Development (originally sponsored by Senator Rasmussen)

 

Promoting beekeeping operations.

 

Referred to Committee on Agriculture & Ecology.

 

SB 6098            by Senators McAuliffe and Swecker; by request of Department of Ecology

 

Revising provisions for solid waste permits.

 

Referred to Committee on Agriculture & Ecology.

 

SB 6099            by Senators McAuliffe and Swecker; by request of Department of Ecology

 

Authorizing freshwater aquatic weeds account moneys to be used for hydrilla eradication.

 

Referred to Committee on Agriculture & Ecology.

 

SB 6100            by Senators Haugen and Winsley; by request of Department of Ecology

 

Requiring biennial progress reports from the department of ecology.

 

Referred to Committee on Agriculture & Ecology.

 

SSB 6109          by Senate Committee on Government Operations (originally sponsored by Senators Loveland and Winsley)

 

Modifying county treasury management.

 

Referred to Committee on Government Operations.

 

SSB 6119          by Senate Committee on Health & Long-Term Care (originally sponsored by Senator Quigley)

 

Regulating insurance coverage for prescription medicine.

 

Referred to Committee on Health Care.

 

SSB 6122          by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Quigley, Fairley, Kohl, Thibaudeau, Loveland, Sheldon, Franklin, Winsley, Pelz and McAuliffe)

 

Protecting patient choice in health care insurance and health care providers.

 

Referred to Committee on Health Care.

 

SB 6147            by Senators Haugen, McCaslin, Bauer, Swecker, Franklin, Prince and Winsley; by request of Department of Services for the Blind

 

Modifying grants for vocational rehabilitation equipment and materials.

 

Referred to Committee on Government Operations.

 

SB 6151            by Senator Smith; by request of Administrator for the Courts

 

Providing two superior court positions for Thurston county.

 

Referred to Committee on Law & Justice.

 

SB 6156            by Senators Bauer, Long, Fraser, Winsley and Roach; by request of Joint Committee on Pension Policy

 

Separating from PERS I without withdrawing contributions.

 

Referred to Committee on Appropriations.

 

SB 6160            by Senators Loveland and Winsley

 

Requiring the preparation of maps by county assessors for listing of real estate.

 

Referred to Committee on Government Operations.

 

SB 6177            by Senators Bauer and Kohl; by request of Higher Education Coordinating Board

 

Changing provisions for degree granting institutions.

 

Referred to Committee on Higher Education.

 

SB 6179            by Senator Smith; by request of Administrator for the Courts

 

Revising the procedure for impanelling juries.

 

Referred to Committee on Law & Justice.

 

SSB 6180          by Senate Committee on Law & Justice (originally sponsored by Senator Smith; by request of Administrator for the Courts)

 

Allowing additional time for phasing in additional King County superior court judges.

 

Referred to Committee on Law & Justice.

 

SSB 6189          by Senate Committee on Ways & Means (originally sponsored by Senators Haugen, Smith and McCaslin; by request of Supreme Court)

 

Creating the office of public defense.

 

Referred to Committee on Law & Justice.

 

ESSB 6204       by Senate Committee on Law & Justice (originally sponsored by Senators Haugen, Smith, Winsley, Hale and Schow)

 

Redefining negligent driving.

 

Referred to Committee on Law & Justice.

 

SSB 6206          by Senate Committee on Ways & Means (originally sponsored by Senators Haugen, Pelz, Winsley, Hale and Prentice)

 

Regulating cosmetology, barbering, esthetics, and manicuring.

 

Referred to Committee on Commerce & Labor.

 

ESSB 6207       by Senate Committee on Law & Justice (originally sponsored by Senators Haugen, Smith, Winsley, Hale, Long, Schow, Roach, Kohl, Prentice and Heavey)

 

Ordering a study of the need for protocols and training standards for investigation of child sexual abuse.

 

Referred to Committee on Law & Justice.

 

SB 6216            by Senator McAuliffe; by request of Board of Education and Superintendent of Public Instruction

 

Changing state board of education staff provisions.

 

Referred to Committee on Education.

 

SSB 6223          by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Pelz, Deccio and Newhouse; by request of Department of Labor & Industries)

 

Providing uniform construction trade administrative procedures.

 

Referred to Committee on Commerce & Labor.

 

SSB 6229          by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Kohl, Pelz, Prentice, Fairley, Thibaudeau, Wojahn, Franklin and Quigley)

 

Enacting the infant crib safety act.

 

Referred to Committee on Commerce & Labor.

 

SSB 6232          by Senate Committee on Ways & Means (originally sponsored by Senators Fraser and Long; by request of Department of Retirement Systems)

 

Providing actuarially equivalent survivor benefits.

 

Referred to Committee on Appropriations.

 

SSB 6235          by Senate Committee on Government Operations (originally sponsored by Senators Drew, McDonald, Haugen, Rinehart, Snyder, Kohl, Winsley, Sheldon, Bauer, Wood and Finkbeiner)

 

Adopting ethics standards for academic or scientific public service work.

 

Referred to Committee on Trade & Economic Development.

 

SSB 6239          by Senate Committee on Ways & Means (originally sponsored by Senators Wojahn, Winsley, Thibaudeau, Loveland, Kohl, Long, Fairley, A. Anderson, Prentice, McAuliffe, Sheldon, Wood, Rinehart, Roach, Spanel, Hale, Drew, Franklin, Rasmussen, Snyder, Haugen, Fraser and Bauer)

 

Providing for osteoporosis prevention and treatment education.

 

Referred to Committee on Health Care.

 

SB 6253            by Senators Smith, Kohl and Long; by request of Sentencing Guidelines Commission

 

Revising the duties of the sentencing guidelines commission.

 

Referred to Committee on Corrections.

 

2SSB 6260        by Senate Committee on Ways & Means (originally sponsored by Senators Drew, Owen, Prince, Haugen, Prentice, Kohl, Wood, Long, Sheldon, Schow, Strannigan, Sellar, Finkbeiner, Heavey, Fairley, McAuliffe, Rasmussen, Quigley, Rinehart, Goings, Thibaudeau and Winsley)

 

Revising the state ride share tax credit.

 

Referred to Committee on Transportation.

 

ESSB 6266       by Senate Committee on Law & Justice (originally sponsored by Senators Morton, Haugen, McCaslin, Rasmussen, Hargrove and Schow)

 

Establish lost and uncertain boundaries.

 

Referred to Committee on Law & Justice.

 

SSB 6267          by Senate Committee on Education (originally sponsored by Senators McAuliffe, Sheldon, Johnson, Winsley, Rasmussen, Hochstatter, Drew and Smith)

 

Changing provisions relating to the principal internship support program.

 

Referred to Committee on Education.

 

SSB 6273          by Senate Committee on Ways & Means (originally sponsored by Senators Quigley, West, Goings, Wood, Winsley, Spanel and Haugen; by request of Public Works Board and Department of Community, Trade, and Economic Development)

 

Authorizing certain public works projects.

 

Referred to Committee on Capital Budget.

 

SSB 6274          by Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Hargrove, Roach, Quigley, Wood, Smith, Schow, Winsley, Oke, A. Anderson, Rasmussen, Haugen and McAuliffe)

 

Providing for increased supervision of sex offenders for up to the entire maximum term of the sentence.

 

Referred to Committee on Corrections.

 

SB 6283            by Senators Rasmussen, Owen, Hochstatter, Loveland, Snyder, Morton, Newhouse, Finkbeiner, Prince, Spanel, Sellar, McDonald, A. Anderson, Moyer, Swecker, Winsley and Roach

 

Increasing tax deductions available to low-density light and power businesses.

 

Referred to Committee on Energy & Utilities.

 

SB 6289            by Senators Prentice, Fraser, Quigley and Pelz; by request of Insurance Commissioner

 

Regulating fraternal benefit societies.

 

Referred to Committee on Financial Institutions & Insurance.

 

SSB 6290          by Senate Committee on Financial Institutions & Housing (originally sponsored by Senators Prentice, Fraser, Quigley and Pelz; by request of Insurance Commissioner)

 

Setting net worth requirements.

 

Referred to Committee on Financial Institutions & Insurance.

 

SB 6292            by Senators Prentice, Sellar, Fraser and Quigley; by request of Insurance Commissioner

 

Defining member insurers and who they cover.

 

Referred to Committee on Financial Institutions & Insurance.

 

SSB 6293          by Senate Committee on Financial Institutions & Housing (originally sponsored by Senators Prentice, Hale, Fraser, Sellar, Quigley, Winsley and Roach; by request of Secretary of State and Insurance Commissioner)

 

Filing documents with the insurance commissioner.

 

Referred to Committee on Financial Institutions & Insurance.

 

ESSB 6299       by Senate Committee on Law & Justice (originally sponsored by Senators Rasmussen, Long, Fairley, McCaslin, Haugen, Winsley, Oke and Spanel)

 

Increasing penalties for multiple violations of domestic violence protection orders.

 

Referred to Committee on Law & Justice.

 

SB 6349            by Senators McAuliffe, Johnson, Goings and Rasmussen; by request of Department of Social and Health Services

 

Revising educational program for juveniles in detention facilities.

 

Referred to Committee on Education.

 

SSB 6391          by Senate Committee on Transportation (originally sponsored by Senators Long, Prentice, Owen, Prince, Schow, Sellar and Haugen)

 

Inspecting rebuilt salvage vehicles.

 

Referred to Committee on Transportation.

 

SB 6405            by Senators Owen, Prince, Prentice, Wood, Winsley and Fraser; by request of Department of Transportation

 

Creating a scenic byways designation program.

 

Referred to Committee on Transportation.

 

SB 6407            by Senators Sheldon, Long and Winsley; by request of Secretary of State

 

Filing faxed documents.

 

Referred to Committee on Government Operations.

 

ESB 6410         by Senators Bauer, Finkbeiner and Haugen; by request of Department of Information Services and Office of Financial Management

 

Repealing the sunset of the department of information services.

 

Referred to Committee on Government Operations.

 

SSB 6422          by Senate Committee on Government Operations (originally sponsored by Senators Haugen, Morton, Hale, Swecker, Prentice and Sutherland)

 

Requiring additional planning for general aviation facilities.

 

Referred to Committee on Transportation.

 

ESSB 6426       by Senate Committee on Financial Institutions & Housing (originally sponsored by Senators Prentice, Winsley, Fraser, Snyder, Hale and Franklin; by request of Housing Finance Commission)

 

Administering the state housing finance commission.

 

Referred to Committee on Trade & Economic Development.

 

SSB 6430          by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Schow and Spanel)

 

Changing social card game provisions.

 

Referred to Committee on Commerce & Labor.

 

SSB 6432          by Senate Committee on Education (originally sponsored by Senators Fraser, McAuliffe and Kohl)

 

Requiring individualized education programs for deaf, deaf-blind, and hard of hearing children to fully consider the communications needs of individual children.

 

Referred to Committee on Education.

 

SB 6443            by Senators Fairley, Oke, Fraser, Quigley, Snyder, Kohl, Owen, Rinehart, Pelz, Franklin, Wood, Spanel, Prentice, Thibaudeau, Drew and McAuliffe

 

Prohibiting the lease of certain tidal or submerged lands for oil or gas exploration.

 

Referred to Committee on Natural Resources.

 

SB 6453            by Senators Sutherland, McAuliffe, Finkbeiner, Oke and Winsley; by request of Governor Lowry

 

Allowing phone companies and other information providers to include listings for elective officials in their directories free of charge.

 

Referred to Committee on Energy & Utilities.

 

SSB 6487          by Senate Committee on Transportation (originally sponsored by Senators Owen and Prince; by request of Department of Licensing)

 

Revising qualifications for commercial driver's licenses.

 

Referred to Committee on Transportation.

 

SB 6489            by Senators Owen and Prince; by request of Department of Licensing

 

Clarifying criteria for refund of overpayments of vehicle and vessel license fees.

 

Referred to Committee on Transportation.

 

SB 6494            by Senators McAuliffe, Johnson, Bauer, Owen, Rasmussen and Kohl; by request of State Board for Community and Technical Colleges

 

Correcting obsolete references in the state even start program.

 

Referred to Committee on Higher Education.

 

SSB 6504          by Senate Committee on Government Operations (originally sponsored by Senators Fraser, McDonald, Haugen and Kohl; by request of Secretary of State)

 

Restructuring laws on the voters' pamphlet.

 

Referred to Committee on Government Operations.

 

SSB 6513          by Senate Committee on Ways & Means (originally sponsored by Senators Sheldon, Oke, Owen, Loveland, Heavey, Drew, Fairley, Prentice, Thibaudeau, Sutherland, Snyder, Bauer, Wojahn, Rinehart, Goings, McAuliffe, Cantu, Roach, Rasmussen and Kohl)

 

Securing a permanent homeport for the U.S.S. Missouri.

 

Referred to Committee on Appropriations.

 

SSB 6514          by Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Hargrove, Schow, Kohl and Winsley)

 

Enhancing preservation services for families.

 

Referred to Committee on Children & Family Services.

 

SSB 6522          by Senate Committee on Government Operations (originally sponsored by Senators Spanel, Long and Kohl)

 

Limiting political activities of citizen members of the legislative ethics board.

 

Referred to Committee on Government Operations.

 

SSB 6532          by Senate Committee on Transportation (originally sponsored by Senators Owen, Oke, Spanel and Fraser)

 

Extending an exception from vessel registration.

 

Referred to Committee on Transportation.

 

SSB 6540          by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Prentice and Owen)

 

Conducting a study of drug-exposed infants born in health care facilities.

 

Referred to Committee on Health Care.

 

SSB 6551          by Senate Committee on Natural Resources (originally sponsored by Senators Loveland, Rasmussen, Snyder, Morton, Oke, Prince, A. Anderson, Hargrove, Hochstatter, Winsley and Sellar)

 

Managing grazing lands.

 

Referred to Committee on Natural Resources.

 

E2SSB 6556     by Senate Committee on Ways & Means (originally sponsored by Senator Sutherland)

 

Enhancing public electronic access to government information.

 

Referred to Committee on Government Operations.

 

SSB 6579          by Senate Committee on Financial Institutions & Housing (originally sponsored by Senators Prentice, Hale, Fraser, Sellar, Roach, Snyder, Sutherland and Winsley)

 

Insuring credit unions.

 

Referred to Committee on Financial Institutions & Insurance.

 

SSB 6583          by Senate Committee on Higher Education (originally sponsored by Senators Spanel, Bauer, Kohl, McAuliffe, Winsley, Rinehart and Smith)

 

Clarifying eligibility requirements for state-funded benefits for part-time academic employees of community and technical colleges.

 

Referred to Committee on Higher Education.

 

SB 6615            by Senators Hale, Sheldon and Haugen

 

Protecting certain business information.

 

Referred to Committee on Government Operations.

 

SB 6616            by Senators Hale, Sheldon, Oke and Haugen

 

Expediting the release of employment security data to governmental agencies for preparing small business economic impact statements or cost benefit analysis.

 

Referred to Committee on Government Operations.

 

SB 6617            by Senators Prentice, Sellar and Fraser; by request of Department of Financial Institutions

 

Imposing fines or sanctions against mortgage brokers.

 

Referred to Committee on Financial Institutions & Insurance.

 

ESB 6621         by Senator Quigley

 

Expanding the public inspection and copying exemption for health care providers' residential addresses and phone numbers.

 

Referred to Committee on Health Care.

 

ESSB 6667       by Senate Committee on Law & Justice (originally sponsored by Senators Quigley, Smith and Goings)

 

Increasing penalties for public disclosure violations.

 

Referred to Committee on Government Operations.

 

SB 6672            by Senators Hargrove, Long and Oke; by request of Department of Social and Health Services and Department of Corrections

 

Requiring department of corrections personnel to report suspected abuse of children and adult dependent and developmentally disabled persons.

 

Referred to Committee on Children & Family Services.

 

SSB 6694          by Senate Committee on Agriculture & Agricultural Trade & Development (originally sponsored by Senators Morton, A. Anderson and Rasmussen)

 

Microchipping equine.

 

Referred to Committee on Agriculture & Ecology.

 

SSB 6699          by Senate Committee on Transportation (originally sponsored by Senator Prince)

 

Facilitating transportation of persons with special transportation needs.

 

Referred to Committee on Transportation.

 

E2SSB 6705     by Senate Committee on Ways & Means (originally sponsored by Senators Bauer, Wood, Kohl, Zarelli, Sutherland, Cantu, Prince, Sheldon, Loveland, Winsley, Hale and Rasmussen)

 

Requiring a higher education technology plan.

 

Referred to Committee on Higher Education.

 

SB 6718            by Senators Sutherland, McDonald, Finkbeiner, Winsley, Haugen and Hochstatter; by request of State Archivist

 

Funding local government archives and records management.

 

Referred to Committee on Finance.

 

SB 6720            by Senators Pelz, Deccio, Heavey, Hochstatter, Wojahn, Newhouse, West, Oke and Winsley

 

Prohibiting the gambling commission from negotiating compacts that allow off-reservation class III gaming facilities.

 

Referred to Committee on Commerce & Labor.

 

SSB 6735          by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Pelz, Sutherland, Hargrove, Schow, Smith and Fairley)

 

Requiring disclosure of campaign contributions from gambling interests.

 

Referred to Committee on Government Operations.

 

E2SSB 6736     by Senate Committee on Ways & Means (originally sponsored by Senators Goings, Pelz, Heavey, Rasmussen, McAuliffe, Fraser, Bauer, Franklin, Loveland, Sheldon, Spanel, Fairley, Thibaudeau, Wojahn, Snyder, Sutherland, Drew, Rinehart, Kohl, Smith, Haugen and Winsley)

 

Providing for binding arbitration for employees of school districts.

 

Referred to Committee on Education.

 

SJM 8028         by Senators Wojahn, Pelz, Sutherland, Heavey, Haugen, Schow, Oke and Morton

 

Requesting clarification of the Indian Gaming Regulatory Act of 1988.

 

Referred to Committee on Commerce & Labor.


             There being no objection, the bills and memorial listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.


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


MOTION


             On motion of Representative Foreman, the House adjourned until 9:00 a.m., Tuesday, February 13, 1996.


CLYDE BALLARD, Speaker

TIMOTHY A. MARTIN, Chief Clerk


1481 (2nd Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

1481 (4th Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

1485

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

1597 (Sub)

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

1938 (2nd Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40, 43

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42

1938 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

2049

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51

2049 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

2198

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51

2198 (2nd Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

2267

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

2279

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

2279 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

2343

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

2370

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

2374

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

2374 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112

2384

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

2411

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

2476

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

2476 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

2485

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

2485 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

2510

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56, 58

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51, 58

2544

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

2552

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

2592

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51

2592 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

2629

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

2640

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

2644

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51

2644 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

2665

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51

2668

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

2669

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

2669 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

2707

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

2707 (Sub)

Third Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

2721

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

2721 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

2723

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

2723 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2739

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2739 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

2743

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

2743 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2745

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2745 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23, 36, 37

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36

2747

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5, 23

2747 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

2748

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5, 23

2748 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

2775

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

2778

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2778 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2780

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51

2780 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

2785

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

2785 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

2789

Second Reading. . . . . . . . . . . . . . . . . . . . . .