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TWENTY-SIXTH DAY

AFTERNOON SESSION

House Chamber, Olympia, Friday, February 7, 1997

The House was called to order at 1:30 p.m. by the Speaker (Representative Pennington 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 Courtney Nutter and Jeff Fyffe. Prayer was offered by Reverend James Parker, Retired United Methodist Minister.

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

RESOLUTION

HOUSE RESOLUTION NO. 97-4617, by Representatives Mason, Dunn, Cole, Sump, Radcliff, Veloria, Talcott, Tokuda, Hickel, Linville, Johnson, Keiser, Smith, Sterk, Kessler, Robertson, Conway, D. Schmidt and Cody.

WHEREAS, February 7, 1997, is the official date of the Chinese New Year and festivities will occur for the following month; and

WHEREAS, Washington state prides itself as the home of Governor Gary Locke, the nation's first Chinese American governor; and

WHEREAS, Chinese Americans first emigrated to the Washington Territory nearly 150 years ago and shaped the early development of Washington state, including its infrastructure; Chinese American laborers made substantial contributions to major rail lines, canals, bridges, and roads in Washington; Chinese American workers contributed to emerging industries such as mining, agriculture, fishing, and salmon canneries; Chinese Americans also made substantial contributions to Seattle following the Great Fire of 1889; and

WHEREAS, Chinese Americans survived harsh conditions and prejudice; discrimination included the anti-Chinese uprisings of the mid-1880s, which forced nearly all Chinese Americans from Tacoma and Seattle; while not long after, Chinese, including those who had mastered masonry techniques, were brought Backlund to Seattle after the Great Fire of 1889 to rebuild the city; and

WHEREAS, Residents of Olympia prevented the forced removal of Chinese Americans from that city in 1886; Olympia's Sheriff Billings deputized scores of local merchants and civic leaders to stand between the angry mob and the Chinese neighborhood, an act which ultimately caused the crowd to disperse; among the peacemakers assembled was an ancestor of Governor Gary Locke; and

WHEREAS, Today Chinese Americans in Washington continue to make contributions in the fields of commerce, science, education, medicine, the military, religion, social science, agriculture, engineering, and the arts; and

WHEREAS, There are more than 275,000 Asian Pacific Americans in Washington state, making Asian Pacific Americans the state's largest and fastest-growing racial minority; among them, Chinese Americans are the third largest subgroup; and

WHEREAS, Washington state is proud of having the nation's greatest number of Chinese American elected officials; current Chinese American officials include Governor Gary Locke, Seattle City Council members Charlie Chong and Cheryl Chow, King County Superior Court Judge Linda Lau, Judge Mark Chow of King County District Court - Seattle Division, and Bellevue City Council member Conrad Lee; other public officials include former King County Superior Court Judge Warren Chandler, former King County Superior Court Judge Liem Eng Tuai, former King County Council member Ruby Chow, former Washington State Representative John Eng, former Washington State Representative Art Wang, and former Seattle City Council member Wing Luke. Elected in 1962, Luke was nationally renowned as a trailblazer for Chinese Americans in politics and he is today remembered with a school and an award-winning museum bearing his name; and

WHEREAS, Washington acknowledges that its status as a leading trade state is linked to its ability, familiarity, and knowledge about many cultures; including the Chinese culture; and

WHEREAS, Celebration of ethnic festivals is a mutually beneficial way to promote good will and cultural exchange among all people;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize the contributions of Chinese Americans to the history of Washington state and join in the spirit of the celebration of the Chinese New Year of the calendar year 4695, ushering in the Year of the Ox; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Governor Gary Locke and the Wing Luke Asian Museum.

Representative Mason moved adoption of the resolution.

Representatives Mason, Tokuda, Van Luven, and Sterk spoke in favor of the resolution.

House Resolution No. 4617 was adopted.

The Speaker (Representative Pennington presiding) recognized Erika Chung and Juliet Luen from the Washington State Commission on Asian Pacific-American Affairs.

The Speaker assumed the chair.

MESSAGE FROM THE SENATE

February 7, 1997

Mr. Speaker:

The Senate has adopted:

HOUSE CONCURRENT RESOLUTION NO. 4404,

and the same is herewith transmitted.

Mike O'Connell, Secretary

INTRODUCTIONS AND FIRST READING

HB 1747 by Representatives Morris, Van Luven, Kastama, Veloria, Sheldon, Benson, Butler, DeBolt, Dunshee, Conway, Alexander, Quall, Wolfe, Keiser, Hatfield, Doumit, Kessler, Thompson, Scott, Mason, Wood, Blalock, O'Brien, Constantine, Costa, Gombosky, Dunn, Tokuda, Murray, Ogden, Cody and Lantz

AN ACT Relating to small business stability by providing tax credits for employer-provided child care benefits; adding a new section to chapter 82.04 RCW; and creating a new section.

Referred to Committee on Trade & Economic Development.

HB 1748 by Representatives Morris, Van Luven, Quall, Kessler, Sheldon, Anderson, Buck, Cooper, Dunn, Hatfield, Thompson and O'Brien

AN ACT Relating to fostering economic development through increased maritime trade competitiveness; amending RCW 88.02.030, 88.02.040, and 88.02.050; and adding a new section to chapter 88.02 RCW.

Referred to Committee on Trade & Economic Development.

HB 1749 by Representatives Smith and D. Schmidt

AN ACT Relating to transporting students; amending RCW 28A.160.210; and creating a new section.

Referred to Committee on Education.

HB 1750 by Representatives D. Sommers, Sterk and Sheldon

AN ACT Relating to mobile home park sewer systems; and adding a new section to chapter 35.67 RCW.

Referred to Committee on Government Administration.

HB 1751 by Representatives Zellinsky, Clements, L. Thomas, Fisher, Sheldon, Chandler, Carrell, Grant, Ballasiotes, K. Schmidt, Radcliff, Johnson, Cooke, Reams, Smith, Van Luven, Thompson, Lambert, Wensman, O'Brien, Boldt, Wolfe, Dunn and Schoesler

AN ACT Relating to communications between state employees and legislators; and adding a new section to chapter 41.04 RCW.

Referred to Committee on Government Administration.

HB 1752 by Representatives Cooke, Dyer, Tokuda, McDonald, Sheahan, Cairnes, Cody, Ballasiotes, Bush, Boldt, Wolfe, Mitchell, Doumit, Ogden, Thompson, Blalock, Poulsen, L. Thomas, O'Brien, Costa, Backlund, Veloria, Kenney and Carlson

AN ACT Relating to the long-term care ombudsman program; and amending RCW 43.190.010, 43.190.020, 43.190.030, and 43.190.040.

Referred to Committee on Children & Family Services.

HB 1753 by Representatives Romero, Conway, Keiser, Kastama, Cody, Chopp, O'Brien, Tokuda, Kenney, Dickerson, Regala, Ogden, Lantz, Morris, Blalock, Fisher, Cole, Cooper, Wolfe, Poulsen, Murray, Scott, Mason, Costa, Gombosky, Veloria and Butler

AN ACT Relating to increasing leave from employment for family responsibilities; amending RCW 49.78.010, 49.78.020, and 49.78.030; adding new sections to chapter 49.78 RCW; and creating a new section.

Referred to Committee on Commerce & Labor.

HB 1754 by Representatives Romero, Cole, O'Brien, Costa, Doumit, Kessler, Hatfield, Blalock and Ogden

AN ACT Relating to cooperating teachers; adding a new section to chapter 28A.415 RCW; and creating a new section.

Referred to Committee on Education.

HB 1755 by Representatives Delvin, Cooper, Sterk, Robertson, Zellinsky and O'Brien

AN ACT Relating to the inclusion of educational attainment pay as basic salary in the law enforcement officers' and fire fighters' retirement system plan I; and reenacting and amending RCW 41.26.030.

Referred to Committee on Appropriations.

HB 1756 by Representatives Delvin, Koster, Mitchell, Robertson, McMorris, Sheahan, Zellinsky, Smith, Van Luven, Thompson, O'Brien and Dunn

AN ACT Relating to the property taxation of nonprofit cancer clinics; amending RCW 84.36.800, 84.36.805, and 84.36.810; adding a new section to chapter 84.36 RCW; and creating a new section.

Referred to Committee on Finance.

HB 1757 by Representatives Delvin, Sterk, Zellinsky and Hickel

AN ACT Relating to security guard licenses; and amending RCW 18.170.030, 18.170.110, 18.170.130, 18.170.165, and 43.43.838.

Referred to Committee on Commerce & Labor.

HB 1758 by Representative Boldt

AN ACT Relating to the family policy council; amending RCW 70.190.005, 70.190.040, and 70.190.070; adding a new section to chapter 70.190 RCW; adding a new section to chapter 28A.300 RCW; recodifying RCW 70.190.040; and repealing RCW 70.190.050, 70.190.060, 70.190.065, 70.190.075, 70.190.080, 70.190.085, 70.190.090, 70.190.100, 70.190.110, 70.190.120, 70.190.130, 70.190.150, 70.190.160, 70.190.170, 70.190.180, and 70.190.190.

Referred to Committee on Children & Family Services.

HB 1759 by Representatives Schoesler, Thompson, Mielke and Sherstad

AN ACT Relating to eliminating the state board of education; and creating a new section.

Referred to Committee on Education.

HB 1760 by Representatives Mulliken, McMorris, D. Sommers, Benson, Koster, Smith, Zellinsky, Sherstad, Sump, Honeyford, Boldt, Backlund, Chandler, Clements, Lisk and Thompson

AN ACT Relating to rights regarding union security; amending RCW 28B.52.045, 41.06.150, 41.56.122, 41.59.100, 47.64.160, 53.18.050, 54.04.170, 41.56.020, and 42.41.020; adding a new section to chapter 28B.52 RCW; adding a new section to chapter 41.06 RCW; adding a new section to chapter 41.56 RCW; adding a new section to chapter 41.59 RCW; adding a new section to chapter 47.64 RCW; adding a new section to chapter 53.18 RCW; adding a new section to chapter 54.04 RCW; and repealing RCW 54.04.180.

Referred to Committee on Commerce & Labor.

HB 1761 by Representatives D. Schmidt, Scott, Talcott and Lambert

AN ACT Relating to mutual aid and interlocal agreements; adding a new section to chapter 38.52 RCW; and repealing RCW 38.52.090.

Referred to Committee on Government Administration.

HB 1762 by Representatives D. Schmidt, Scott, D. Sommers, Gardner, Dunn, Wolfe, Dunshee, Wensman, Smith, Doumit, Murray, Reams, Sheahan, Koster, Talcott, H. Sommers, Ogden, Sehlin, Bush, Benson, O'Brien, Backlund, Kastama, Anderson, Cody, Boldt, McDonald, Pennington, Johnson, Sterk, Fisher, Chandler, Radcliff, Linville, Blalock, Parlette, Huff, Gombosky, Mastin, Butler, Cairnes, Mulliken, Veloria, Carlson, Van Luven, Carrell, McMorris, Lambert, Cooper, Cole, Dickerson, Kessler, Hatfield, Sheldon, Dyer, Thompson, Mason, Constantine, Costa and Kenney

AN ACT Relating to changing primary dates and associated election procedures; amending RCW 29.13.070, 29.24.020, 29.24.035, 29.15.020, 29.15.120, 29.18.150, 29.15.170, and 29.15.190; and providing an effective date.

Referred to Committee on Government Administration.

HB 1763 by Representatives D. Schmidt, Koster, Wolfe, Grant, Boldt, Fisher, Lantz, Thompson, Chopp, Clements, Reams, Pennington, Radcliff and Cole

AN ACT Relating to using state lottery moneys for compulsive gambling education and awareness; amending RCW 9.46.071, 67.70.240, and 67.70.042; and making an appropriation.

Referred to Committee on Commerce & Labor.

HB 1764 by Representatives Veloria, Dyer, Cody, Mason, Kenney, Lantz, D. Schmidt, Dunn, Clements, Scott, Keiser, Blalock, Costa, Conway, Tokuda and Murray

AN ACT Relating to incorporating environmental health into the public health improvement plan; and amending RCW 43.70.520 and 43.70.580.

Referred to Committee on Health Care.

HB 1765 by Representatives Doumit, Buck, Kessler, Hatfield, Butler, Grant, Morris, Regala, Sheldon, D. Schmidt, Linville, Benson, H. Sommers, Dunshee, Cole, Mielke, Fisher, Conway, Tokuda, Quall, Thompson, Scott, Keiser, Mason, Blalock, Poulsen, O'Brien, Constantine, Costa, Gombosky, Murray, Ogden, Cody and Lantz

AN ACT Relating to the jobs for the environment program; adding a new chapter to Title 43 RCW; recodifying RCW 43.21J.800; repealing RCW 43.21J.005, 43.21J.010, 43.21J.020, 43.21J.030, 43.21J.040, 43.21J.050, 43.21J.060, 43.21J.070, 43.21J.900, 43.21J.901, 43.21J.902, 43.21J.903, and 43.21J.904; providing an effective date; and declaring an emergency.

Referred to Committee on Trade & Economic Development.

HB 1766 by Representatives Conway, Sheldon, Wood, Cole, Dickerson, Kenney, Cooper, Keiser, Butler, Gombosky, Chopp, Doumit, Veloria, Dunshee, Cody, Sullivan, Hatfield, Poulsen, Mason, Scott, B. Thomas, Clements, Radcliff, Kessler, Blalock, O'Brien, Costa and Murray

AN ACT Relating to private business entities supported by state economic development programs; amending 1994 c 302 s 1 (uncodified); and adding a new chapter to Title 43 RCW.

Referred to Committee on Trade & Economic Development.

HB 1767 by Representatives Zellinsky and L. Thomas

AN ACT Relating to prescription drugs; amending RCW 69.41.120; adding new sections to chapter 69.41 RCW; and repealing RCW 69.41.130 and 69.41.160.

Referred to Committee on Health Care.

HB 1768 by Representatives Dyer, Zellinsky, Sheldon and L. Thomas

AN ACT Relating to pharmacy ancillary personnel; amending RCW 18.64A.010, 18.64A.020, 18.64A.030, 18.64A.040, 18.64A.050, 18.64A.060, 18.64A.070, and 18.64A.080; and adding a new section to chapter 18.64A RCW.

Referred to Committee on Health Care.

HB 1769 by Representatives Zellinsky, Sheldon and L. Thomas

AN ACT Relating to electronic transfer of prescription information; amending RCW 69.41.010 and 69.50.101; adding a new section to chapter 69.41 RCW; and adding a new section to chapter 69.50 RCW.

Referred to Committee on Health Care.

HB 1770 by Representatives Alexander, Linville, Hatfield, Anderson, Doumit, Buck, Chandler and Kessler

AN ACT Relating to the Dungeness crab coastal fishery; amending RCW 75.28.011, 75.30.360, and 75.30.380; and repealing RCW 75.30.410.

Referred to Committee on Natural Resources.

HB 1771 by Representatives Mitchell, Tokuda, Constantine, Sheahan, Keiser, Mason, Blalock, Costa, Conway, Butler, Murray and Cody; by request of Secretary of State

AN ACT Relating to court appointed guardians; amending RCW 2.56.030 and 11.88.020; and adding a new section to chapter 11.88 RCW.

Referred to Committee on Law & Justice.

HB 1772 by Representatives Clements and Costa

AN ACT Relating to the imposition of sales and use taxes by cities for criminal justice purposes, for jails, and for courts; and amending RCW 82.14.340 and 82.14.350.

Referred to Committee on Finance.

HB 1773 by Representatives McMorris and Conway

AN ACT Relating to employer payment of industrial insurance compensation; and adding a new section to chapter 51.32 RCW.

Referred to Committee on Commerce & Labor.

HB 1774 by Representatives Chandler, Grant, Skinner, Morris, Thompson and Delvin

AN ACT Relating to sales tax credits for capital investments in ski areas; adding a new section to chapter 82.08 RCW; providing an effective date; and declaring an emergency.

Referred to Committee on Finance.

HB 1775 by Representatives Cole, Conway, Cody, Fisher, Wood, Cooper, Hatfield, Romero, Blalock, Keiser, Mason, Wolfe, Boldt, Doumit, O'Brien, Tokuda, Murray and Lantz

AN ACT Relating to notification of pesticide application; amending RCW 17.21.020; and adding a new section to chapter 17.21 RCW.

Referred to Committee on Agriculture & Ecology.

HB 1776 by Representatives Huff, H. Sommers, Alexander, Benson, Clements, Wensman, O'Brien and Boldt; by request of Office of Financial Management

AN ACT Relating to school audits; and adding a new section to chapter 28A.300 RCW.

Referred to Committee on Appropriations.

HB 1777 by Representatives Huff, H. Sommers, Alexander, Benson, Clements, Wensman and O'Brien; by request of Office of Financial Management

AN ACT Relating to modifying the timelines for development and implementation of the student assessment system; reenacting and amending RCW 28A.630.885; repealing 1995 c 335 s 803 (uncodified); and providing an expiration date.

Referred to Committee on Education.

HB 1778 by Representatives Huff, H. Sommers, Alexander, Benson, Clements, Wensman and O'Brien; by request of Office of Financial Management

AN ACT Relating to the formula for determining certificated instructional staff salaries in basic education and special education programs; and amending RCW 28A.150.410 and 28A.400.200.

Referred to Committee on Appropriations.

HB 1779 by Representatives Bush, Mason, Mastin, Smith, Mulliken, Sullivan, Conway, Radcliff, Cooke, Skinner, Ballasiotes, Thompson, Mielke, Lambert, Cole, Costa, Keiser, D. Schmidt, Morris, Linville, Scott, Blalock, Wensman, O'Brien, Dunn and Butler

AN ACT Relating to excise tax exemptions for purchases by school districts and educational service districts; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; and providing an effective date.

Referred to Committee on Finance.

HB 1780 by Representatives Sheahan, L. Thomas, Pennington, Delvin, Sherstad, Hickel and Kessler

AN ACT Relating to service of process; amending RCW 4.28.080; and declaring an emergency.

Referred to Committee on Law & Justice.

HB 1781 by Representatives Lambert, Ballasiotes, Clements, McMorris, Talcott, Costa, Backlund, Cooke, Huff, Delvin and Thompson

AN ACT Relating to the monitoring of supervised offenders under the jurisdiction of the state department of corrections; adding a new section to chapter 43.10 RCW; creating a new section; and making appropriations.

Referred to Committee on Criminal Justice & Corrections.

HB 1782 by Representatives L. Thomas, Conway, Kastama, Mason, Regala, Kessler, Wood, Blalock, Poulsen, O'Brien, Constantine, Costa, Gombosky, Smith, Sullivan, Anderson, Murray, Grant, Mastin, Cody, Lantz and Pennington

AN ACT Relating to downtown and neighborhood commercial district revitalization; adding a new section to chapter 82.04 RCW; adding a new section to chapter 84.36 RCW; adding a new section to chapter 82.14 RCW; adding a new chapter to Title 43 RCW; and creating a new section.

Referred to Committee on Trade & Economic Development.

HB 1783 by Representatives Dunshee, Kessler, Mason, Wood, Blalock, Gombosky, Tokuda, Murray and Cody

AN ACT Relating to campaign reform; amending RCW 42.17.640, 42.17.080, 42.17.065, 42.17.090, 42.17.510, 42.17.040, 42.17.105, 42.17.175, and 42.17.680; adding new sections to chapter 42.17 RCW; adding a new section to chapter 29.80 RCW; creating a new section; and repealing RCW 42.17.128.

Referred to Committee on Government Administration.

HB 1784 by Representatives Boldt, Bush, Cooke, Lambert, L. Thomas, Backlund and Sullivan

AN ACT Relating to public assistance fraud; amending RCW 43.20A.020 and 41.06.076; adding new sections to chapter 43.20A RCW; creating a new section; providing an effective date; and declaring an emergency.

Referred to Committee on Children & Family Services.

There being no objection, the bills listed on the day’s introduction sheet under the fourth order of business were referred to the committees so designated.

REPORTS OF STANDING COMMITTEES

February 5, 1997

HB 1156 Prime Sponsor, Representative Dunn: Arming community corrections officers. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Benson, Vice Chairman; Koster, Vice Chairman; O'Brien, Assistant Ranking Minority Member; Delvin; Dickerson; Hickel; Mitchell; Robertson and Sullivan.

MINORITY recommendation: Without recommendation. Signed by Representatives Quall, Ranking Minority Member; and Blalock.

Voting Yea: Representatives Koster, Benson, O’Brien, Delvin, Dickerson, Hickel, Mitchell, Robertson and Sullivan.

Voting Nay: Representatives Quall and Blalock.

Excused: Representatives Ballasiotes and Cairnes.

Passed to Rules Committee for second reading.

February 5, 1997

HB 1172 Prime Sponsor, Representative D. Sommers: Concerning the failure to register as a sex offender. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Blalock; Delvin; Dickerson; Hickel; Mitchell; Robertson and Sullivan.

Voting Yea: Representatives Koster, Benson, Quall, O’Brien, Blalock, Delvin, Dickerson, Hickel, Mitchell, Robertson and Sullivan.

Excused: Representatives Ballasiotes and Cairnes.

Passed to Rules Committee for second reading.

February 5, 1997

HB 1214 Prime Sponsor, Representative Costa: Revising sentencing provisions. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Blalock; Delvin; Dickerson; Hickel; Mitchell; Robertson and Sullivan.

Voting Yea: Representatives Koster, Benson, Quall, O’Brien, Blalock, Delvin, Dickerson, Hickel, Mitchell, Robertson and Sullivan.

Excused: Representatives Ballasiotes and Cairnes.

Passed to Rules Committee for second reading.

February 4, 1997

HB 1232 Prime Sponsor, Representative Sump: Changing the SR 2 spur to SR 41. Reported by Committee on Transportation Policy & Budget

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Blalock, Assistant Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Cairnes; Chandler; Constantine; DeBolt; Gardner; Hatfield; Johnson; Murray; O'Brien; Ogden; Radcliff; Robertson; Scott; Skinner; Sterk; Wood and Zellinsky.

Voting Yea: Representatives K. Schmidt, Mitchell, Mielke, Hankins, Fisher, Blalock, Backlund, Buck, Cairnes, Chandler, Constantine, Cooper, DeBolt, Gardner, Hatfield, Johnson, Murray, O’Brien, Ogden, Radcliff, Robertson, Scott, Skinner, Sterk, Wood and Zellinsky.

Excused: Representative Romero.

Passed to Rules Committee for second reading.

February 4, 1997

HB 1242 Prime Sponsor, Representative Delvin: Revising motorcycle equipment laws. Reported by Committee on Transportation Policy & Budget

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Backlund; Buck; Cairnes; Chandler; Constantine; DeBolt; Hatfield; Johnson; O'Brien; Radcliff; Scott; Skinner; Wood and Zellinsky.

MINORITY recommendation: Do not pass. Signed by Representatives Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Blalock, Assistant Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Murray; Ogden and Robertson.

Voting Yea: Representatives K. Schmidt, Mielke, Hankins, Backlund, Buck, Cairnes, Chandler, Constantine, DeBolt, Hatfield, Johnson, O’Brien, Radcliff, Scott, Skinner, Wood and Zellinsky.

Voting Nay: Representatives Fisher, Mitchell, Blalock, Cooper, Gardner, Murray, Ogden, Robertson and Sterk.

Excused: Representative Romero.

Passed to Rules Committee for second reading.

February 5, 1997

HB 1257 Prime Sponsor, Representative DeBolt: Providing tax exemptions and credits for coal-fired thermal electric generating facilities placed in operation before July 1, 1975. Reported by Committee on Energy & Utilities

MAJORITY recommendation: Do pass. Signed by Representatives Crouse, Chairman; DeBolt, Vice Chairman; Poulsen, Ranking Minority Member; Morris, Assistant Ranking Minority Member; Bush; Cooper; Honeyford; Kastama; Kessler; Mielke and Mulliken.

MINORITY recommendation: Do not pass. Signed by Representative B. Thomas.

Voting Yea: Representatives Crouse, DeBolt, Poulsen, Morris, Bush, Cooper, Honeyford, Kastama, Kessler and Mulliken.

Voting Nay: Representative B. Thomas.

Excused: Representatives Mastin and Mielke.

Passed to Rules Committee for second reading.

February 5, 1997

HB 1422 Prime Sponsor, Representative D. Schmidt: Raising the maximum per diem for boundary review board members. Reported by Committee on Government Administration

MAJORITY recommendation: Do pass. Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Gardner, Assistant Ranking Minority Member; Doumit; Dunn; Dunshee; Murray; Reams; Smith; L. Thomas; Wensman and Wolfe.

Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Gardner, Doumit, Dunn, Dunshee, Murray, Reams, Smith, L. Thomas, Wensman and Wolfe.

Passed to Rules Committee for second reading.

February 5, 1997

ESSB 5212 Prime Sponsor, Committee on Ways & Means: Limiting property taxes. Reported by Committee on Finance

MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Boldt; Kastama; Schoesler; Thompson and Van Luven.

MINORITY recommendation: Do not pass. Signed by Representatives Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Mason and Morris.

Voting Yea: Representatives B. Thomas, Mulliken, Carrell, Boldt, Kastama, Pennington, Schoesler, Thompson and Van Luven.

Voting Nay: Representatives Dunshee, Dickerson, Conway, Mason and Morris.

Excused: Representative Butler.

Passed to Rules Committee for second reading.

MOTION

On motion of Representative Lisk, the bills listed on the day’s committee reports under the fifth order of business were referred to the committees so designated with the exception of Engrossed Substitute Senate Bill No. 5212 which was advanced to the Monday, February 10, 1997 second reading calendar.

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

THIRD READING

SUBSTITUTE HOUSE BILL NO. 1093, by Representatives D. Schmidt, Costa, D. Sommers, Dunn, O'Brien and Anderson

Making various changes in election laws.

Representatives Schmidt and Scott spoke in favor of passage.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1093.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1093 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

Substitute House Bill No. 1093, having received the constitutional majority, was declared passed.

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

SECOND READING

HOUSE BILL NO. 1032, by Representatives Reams, Mulliken, Thompson, McMorris, Koster, DeBolt, D. Sommers, Boldt, Hickel, Sheahan, Buck, Schoesler, Honeyford, Mitchell, D. Schmidt, Sherstad, L. Thomas, Dunn, Dyer, Mielke, Cairnes, Robertson and Backlund

Implementing regulatory reform.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1032 was substituted for House Bill No. 1032 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 1032 was read the second time.

Representative Romero moved the adoption of the following amendment by Representative Romero: (018)

On page 2, line 31, after "regulations;" strike "and" and insert((and))

On page 2, line 33, after "state" insert "; and (j) Protect the air quality, recreation potential, and scenic beauty of this state coincident with maintenance of a viable forest products industry"

Representative Romero spoke in favor of adoption of the amendment.

Representative Reams spoke against adoption of the amendment.

The amendment was not adopted.

Representative Murray moved the adoption of the following amendment by Representative Murray: (016)

On page 4, beginning on line 28, strike all of Section 104, Section 105, and Section 106

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

Representatives Murray and Cody spoke in favor of adoption of the amendment.

Representatives Dyer and Mastin spoke against adoption of the amendment.

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

The Speaker stated the question before the House to be adoption of the amendment by Representative Murray.

ROLL CALL

The Clerk called the roll on the final adoption of the amendment by Representative Murray on page 4, beginning on line 28, and the amendment failed by the following vote: Yeas - 46, Nays - 52, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Blalock, Butler, Carrell, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, DeBolt, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Hatfield, Johnson, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Reams, Regala, Romero, Scott, Sehlin, Sheldon, Sherstad, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 46.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Chandler, Clements, Cooke, Crouse, Delvin, Dunn, Dyer, Grant, Hankins, Hickel, Honeyford, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Quall, Radcliff, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sheahan, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 52.

STATEMENT FOR THE JOURNAL

I intended to vote NAY on amendment 016 to Second Substitute House Bill No. 1032.

RICHARD DEBOLT, 20^th District

STATEMENT FOR THE JOURNAL

I intended to vote NAY on amendment 016 to Second Substitute House Bill No. 1032.

PEGGY JOHNSON, 35^th District

Representative H. Sommers moved the adoption of the following amendment by Representative H. Sommers: (011)

Beginning on page 6, line 27, strike all of section 108.

Correct the title.

Representatives H. Sommers and Keiser spoke in favor of adoption of the amendment.

Representatives Dyer and Reams 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 final adoption of the amendment by Representative H. Sommers beginning on page 6, line 27, and the amendment failed by the following vote: Yeas - 43, Nays - 55, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Koster, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, D., Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 43.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 55.

Representative Regala moved the adoption of the following amendment by Representative Regala: (010)

On page 7, beginning on line 32, after "preservation of" strike "((the)) public health((,)) or safety,((or general welfare,))" and insert "the public health, safety, or general welfare,"

On page 8, beginning on line 7, after "basis." strike "The agency's finding and a concise statement of the reasons for its finding" and insert "((The agency's finding and a concise statement of the reasons for its finding))The agency shall make specific findings showing how the rule meets the criteria for an emergency rule under this section. The agency's findings"

Representative Regala spoke in favor of adoption of the amendment.

Representative Reams 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 final adoption of the amendment by Representative Regala on page 7, beginning on line 32, and the amendment failed the House by the following vote: Yeas - 40, Nays - 58, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 40.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 58.

Representative Gardner moved the adoption of the following amendment by Representative Gardner: (007)

On page 8, line 2, after "detriment" insert "and the department of fish and wildlife may adopt emergency rules governing seasons and harvest limits for recreational and commercial fishing and recreational hunting"

Representatives Gardner and Reams spoke in favor of adoption of the amendment.

The amendment was adopted.

Representative Mulliken moved the adoption of the following amendment by Representative Mulliken: (017)

Beginning on page 13, line 1, strike all of section 203

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

Representative Mulliken spoke in favor of adoption of the amendment.

The amendment was adopted.

Representative Bush moved the adoption of the following amendment by Representative Bush: (013)

On page 15, after line 34, insert the following:

"(5) No rule, adopted by an agency after the effective date of this section, is effective for more than seven years after the rule is adopted, unless the rule has been reviewed under the procedure in this subsection. An agency shall review a rule to evaluate:

(a) Achievement of the goals and objectives of the rule;

(b) Technological changes that impact the implementation of or compliance with the rule;

(d) The outcome of any court challenges to the validity of the rule or its authority to draft the rule;

(e) Actual costs or changes undergone by the regulated community; and

(f) Laws or other rules passed since the rule was adopted that are in conflict, impact its implementation, or render the rule obsolete.

The agency shall place in a rules review file documentation sufficient to show that the agency conducted the review under this section."

Renumber the remaining subsection consecutively.

Representatives Bush and Reams spoke in favor of adoption of the amendment.

Representative Romero spoke against adoption of the amendment.

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

ROLL CALL

The Clerk called the roll on the final adoption of the amendment by Representative Bush on page 15, after line 34, and the amendment was adopted by the following vote: Yeas - 59, Nays - 39, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 59.

Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Hatfield, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 39.

Representative Cooke moved the adoption of the following amendment by Representative Cooke: (014)

On page 32, beginning on line 18, after "statute" strike all material through "proceeding" on line 21 and insert "and rules governing an issue in any adjudicative proceeding. An agency rule is invalid if it does not allow a presiding officer to consider both the statute and the rules in an adjudicatory proceeding"

Representative Cooke spoke in favor of adoption of the amendment.

The amendment was adopted.

Representative Huff moved the adoption of the following amendment by Representative Huff: (019)

On page 38, beginning on line 6, strike all of Section 501 and insert the following:

"Sec. 501. 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 at any step 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 twenty-five thousand dollars for the fees and other expenses incurred in superior court, and twenty-five thousand dollars for the fees and other expenses incurred in each court of appeal to a maximum of sixty thousand dollars. 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 in the superior court and twenty-five thousand dollars in each court of appeal to a maximum of sixty 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.

(3)A party who is awarded fees and other expenses by the superior court or by any court of appeal shall be entitled to those fees and expenses, regardless of whether the party ultimately prevails in a final resolution of the matter. The fees and other expenses shall be paid under RCW 4.84.360."

On page 38, line 16, after "RCW 4.84.340" strike "((and)), 4.84.350, or section 501 of this act" and insert "and 4.84.350"

On page 38, line 19, after "within" strike "sixty days" and insert "((sixty days))thirty days of the decision of a superior court or court of appeal. The fees and other expenses shall be paid"

On page 38, beginning on line 32, after "4.84.360" strike "and section 501 of this act"

On page 39, beginning on line 19, after "means" strike " a judicial review as defined by chapter 34.05 RCW" and insert "((a judicial review as defined by chapter 34.05 RCW))review of an agency action in the superior court and courts of appeal"

Representative Huff spoke in favor of adoption of the amendment.

The amendment was adopted.

Representative Lantz moved the adoption of the following amendment by Representative Lantz: (021)

On page 38, after line 5, insert the following:

"Sec. 501. 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 twenty-five thousand dollars for the fees and other expenses incurred in superior court, and twenty-five thousand dollars for the fees and other expenses incurred in the courts of appeal. 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 in the superior court and twenty-five thousand dollars in the courts of appeal. 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.

(3) No final decision on an award of fees and other expenses under this section shall be rendered until a final and unreviewable decision is rendered on the merits."

On page 38, beginning on line 6, strike all of Section 501

On page 38, line 16, after "RCW 4.84.340" strike "((and)), 4.84.350, or section 501 of this act" and insert "and 4.84.350"

On page 38, beginning on line 32, after "4.84.360" strike "and section 501 of this act"

Representative Lantz spoke in favor of adoption of the amendment.

Representative Reams spoke against adoption of the amendment.

The amendment was not adopted.

Representative Thompson moved the adoption of the following amendment by Representative Thompson: (022)

On page 43, at the beginning of line 29, strike "July" and insert "October"

Representative Thompson spoke in favor of adoption of the amendment.

The amendment was adopted.

Representative H. Sommers moved the adoption of the following amendment by Representative H. Sommers: (012)

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that although state agency rules are intended to protect essential public health, safety, environmental, and welfare functions and to protect citizens from the unwarranted exercise of power by public officials, many of the rules adopted by state agencies have, in fact, impeded the public welfare and imposed unnecessary cost, burden, and complexity. The legislature further finds that there has been a vast increase in the number and complexity of permits, licenses, certificates, and other approvals that individuals and organizations must obtain from an increasing number of government agencies in order to undertake commercial, industrial, and personal projects or activities in the state. Further, many of these rules are difficult to understand, and duplicate or may conflict with other regulations.

The legislature further finds that the inefficiencies and intrusions resulting from excessive government regulation constitute an unreasonable financial and personal burden on residents of the state. Unnecessary and inconsistent government regulation inconveniences individuals, inhibits business growth and the creation of jobs, and places Washington’s industries at a competitive disadvantage relative to their out-of-state and foreign competitors.

It is the intent of the legislature to better serve the citizens of the state by reducing the number, length, and complexity of agency rules, leaving only those that are essential to the public good.

NEW SECTION. Sec. 2. (1) Each agency shall promptly undertake a review of every rule which it has adopted, other than an emergency rule, which is in effect on the effective date of this act.

(2) After conducting the review required by chapter . . . , Laws of 1997 (this act), and except as provided in subsection (3) of this section, each agency shall sunset all of its rules on or before twenty-four months after the effective date of this act by taking such steps as are required by law to repeal or amend such rules.

(3) Each agency shall retain only those rules which are mandated by law or essential to the health, safety, environment, or welfare of the state’s residents. To find that a rule meets this standard, an agency must demonstrate, in its review, that: (a) There is a specific need for governmental intervention that is clearly identified and precisely defined; (b) the rule is not excessively costly and does not require outdated methods of technology; (c) less restrictive and intrusive alternatives have been considered and found less desirable based on a sound evaluation of the alternatives; (d) the agency has established a process and a schedule for measuring the effectiveness of the regulation; and (e) the rule is time-limited or provides for regular review. Rules not meeting this standard shall be repealed, or amended to meet this standard, in accordance with law.

(4) In its review, each agency shall ensure that every rule is clear, concise and drawn in plain and readily understandable language. Each agency shall adopt the shortest and simplest rules necessary to achieve the purposes of such rules. In the review required by this act, each agency shall demonstrate how this objective has been achieved.

NEW SECTION. Sec. 3. An agency may adopt only those new rules which meet the standards of chapter . . . , Laws of 1997 (this act). Any new rule must also be approved pursuant to such standards, terms, and schedules as the director of the financial management shall establish under section 5 of this act.

NEW SECTION. Sec. 4. Each agency shall appoint a senior official who shall be the contact person for all actions and reviews pursuant to chapter . . . , Laws of 1997 (this act). The agency head may, but need not, designate herself or himself as the contact person.

NEW SECTION. Sec. 5. The director of financial management shall, consistent with the requirements of law, establish such standards, terms, and schedules as the director deems appropriate and necessary to accomplish the reviews of existing and newly proposed rules as required by chapter . . . , Laws of 1997 (this act). The director may also provide for such waivers or exceptions as are essential for the public health, safety, environment, or welfare.

NEW SECTION. Sec. 6. Sections 2 through 5 of this act shall constitute new sections in chapter 34.05 RCW.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

Correct the title.

Representative H. Sommers spoke in favor of adoption of the amendment.

Representative Reams 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 final adoption of the amendment by Representative H. Sommers on page 1 after the Enacting Clause, and the amendment failed by the following vote: Yeas - 42, Nays - 56, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Blalock, Boldt, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 42.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 56.

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 Reams, Schoesler, Dyer, D. Schmidt and Mastin spoke in favor of passage of the bill.

Representatives Romero, Murray, Cody and Wolfe spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1032.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1032 and the bill passed the House by the following vote: Yeas - 65, Nays - 33, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 65.

Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Lantz, Mason, Murray, O'Brien, Ogden, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 33.

Engrossed Second Substitute House Bill No. 1032, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote NAY on final passage of Engrossed Second Substitute House Bill No. 1032.

ERIC POULSEN, 34^th District

SIGNED BY THE SPEAKER

The Speaker announced he was signing:

House Concurrent Resolution No. 4404

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

MOTION

On motion by Representative Lisk, the House adjourned until 1:30 p.m., Monday, February 10, 1997.

CLYDE BALLARD, Speaker

TIMOTHY A. MARTIN, Chief Clerk

1032

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

1032 (2nd Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

1093 (Sub)

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

1156

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

1172

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

1214

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

1232

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

1242

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

1257

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

1422

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

1747

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1748

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1749

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1750

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1751

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1752

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1753

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1754

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1755

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1756

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1757

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1758

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1759

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1760

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1761

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

1762

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

1763

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

1764

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

1765

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

1766

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

1767

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

1768

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

1769

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

1770

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

1771

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

1772

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

1773

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

1774

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

1775

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

1776

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

1777

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

1778

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

1779

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

1780

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

1781

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

1782

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

1783

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

1784

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

4404

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

4617 Chinese New Year Celebrated

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

5212 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

HOUSE OF REPRESENTATIVES

Statement for the Journal; Representative DeBolt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

Statement for the Journal; Representative Johnson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

Statement for the Journal; Representative Poulsen. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20