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NINETY-FOURTH DAY
MORNING SESSION
House Chamber, Olympia, Wednesday, April 16, 1997
The House was called to order at 9:00 a.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 Jessica Prest and Ryan Gilbert. Prayer was offered by Pastor Steve Schertzinger, New Hope Christian Church, Lynnwood.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES FROM THE SENATE
April 15, 1997
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5737,
SUBSTITUTE SENATE BILL NO. 5845,
SUBSTITUTE SENATE BILL NO. 6077,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
April 15, 1997
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5005,
SUBSTITUTE SENATE BILL NO. 5541,
ENGROSSED SENATE BILL NO. 5600,
SUBSTITUTE SENATE BILL NO. 5782,
SENATE CONCURRENT RESOLUTION NO. 8410,
and the same are herewith transmitted.
Mike O'Connell, Secretary
April 15, 1997
Mr. Speaker:
The Senate has passed:
ENGROSSED HOUSE BILL NO. 1411,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1576,
SUBSTITUTE HOUSE BILL NO. 1955,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1969,
SUBSTITUTE HOUSE BILL NO. 2044,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
April 15, 1997
Mr. Speaker:
The Senate has concurred in the House amendment(s) and has passed the following bill as amended by the House:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5286,
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
April 14, 1997
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6092,
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
April 14, 1997
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5424,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
April 10, 1997
Mr. Speaker:
The Senate has passed:
SENATE JOINT MEMORIAL NO. 8014,
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
April 11, 1997
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5935,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
April 10, 1997
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 6045,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6068,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
INTRODUCTIONS AND FIRST READING
HB 2282 by Representatives Cooke, Boldt, Alexander, Mulliken, Bush, McDonald, Huff, McMorris, Thompson, Sheahan, Koster, D. Sommers, D. Schmidt, Wensman and Mielke
AN ACT Relating to implementing the federal personal responsibility and work opportunity reconciliation act of 1996.
HB 2283 by Representatives Robertson, Grant, Schoesler and L. Thomas
AN ACT Relating to surface mining; amending RCW 78.44.011, 78.44.020, 78.44.040, 78.44.050, and 36.70A.060; and creating a new section.
HB 2284 by Representatives B. Thomas, Kastama, Pennington, Dunshee, Sterk, Boldt, Carrell, DeBolt, Alexander and Van Luven
AN ACT Relating to consolidating business and occupation tax rates into fewer categories.
SSB 5175 by Committee on Agriculture & Environment (originally sponsored by Senators Morton, Rasmussen, Hochstatter, Goings and Roach; by request of Department of Revenue)
AN ACT Relating to revising the business and occupation tax on the handling of hay, alfalfa, and seed.
SB 5343 by Senators Sellar and Prentice
AN ACT Relating to the determination of where a retail sale of towing services occurs for tax purposes.
SB 5353 by Senators Benton, Wood, Brown, Rossi, Stevens and Winsley
AN ACT Relating to limiting a tax exemption for motor vehicles.
SB 5402 by Senators Roach, Johnson, Sheldon, Bauer, Patterson and Haugen
AN ACT Relating to providing tax exemptions for nonprofit camps and conferences.
SSB 5424 by Senate Committee on Ways & Means (originally sponsored by Senators West, Wojahn, Winsley, Hale, Franklin, Jacobsen and Rasmussen)
AN ACT Relating to providing tax exemptions for businesses in community empowerment zones that provide selected international services.
SB 5543 by Senators Snyder, West, Bauer, Zarelli, Oke and Fraser; by request of Department of Revenue
AN ACT Relating to deferring sales and use tax for rentals of machinery and equipment used in the installation and construction of investment projects in distressed areas
SB 5559 by Senators Hale, West, Loveland and Anderson
AN ACT Relating to exempting coin-operated services of car washes from sales and use tax.
SB 5688 by Senators Strannigan and Johnson
AN ACT Relating to business and occupation tax reimbursements and advances received by property management companies for the payment of wages to on-site employees
SSB 5935 by Senate Committee on Ways & Means (originally sponsored by Senators Wojahn, Fairley and Franklin; by request of Department of Social and Health Services)
AN ACT Relating to providing for the recovery of the costs of long-term medical care paid by the department of social and health services.
SSB 6045 by Senate Committee on Ways & Means (originally sponsored by Senators West, Spanel, Strannigan and Oke; by request of Governor Locke)
AN ACT Relating to creating the savings incentive account.
ESSB 6068 by Senate Committee on Ways & Means (originally sponsored by Senators West, Spanel and Oke; by request of Secretary of State)
AN ACT Relating to enhancing legal advertising of state measures.
SB 6070 by Senators West and Spanel; by request of Office of Financial Management
AN ACT Relating to creating the disaster response account.
ESSB 6092 by Senate Committee on Ways & Means (originally sponsored by Senators West and Deccio)
AN ACT Relating to abolishing the state health care policy board.
SJM 8014 by Senators Patterson, Oke, Swecker, Roach, Heavey, McDonald, Swanson and Brown
AN ACT Relating to requesting that the cause of Gulf War syndrome be fully and expeditiously investigated.
There being no objection, the bills and memorial listed on the day's introduction sheet under the fourth order of business were advanced to second reading.
REPORTS OF STANDING COMMITTEES
April 15, 1997
HB 2108 Prime Sponsor, Representative K. Schmidt: Constructing a fourth jumbo ferry. Reported by Committee on Transportation Policy & Budget
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mitchell, Vice Chairman; 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; Wood and Zellinsky.
MINORITY recommendation: Without recommendation. Signed by Representatives Mielke, Vice Chairman; Fisher, Ranking Minority Member; and Romero.
Voting Yea: Representatives K. Schmidt, Hankins, Mitchell, Backlund, Blalock, Buck, Cairnes, Chandler, Constantine, Cooper, DeBolt, Gardner, Hatfield, Johnson, Murray, O’Brien, Ogden, Radcliff, Robertson, Scott, Skinner, Wood and Zellinsky.
Voting Nay: Representatives Fisher, Mielke, Romero and Sterk.
April 15, 1997
HB 2281 Prime Sponsor, Representative K. Schmidt: Funding transportation. Reported by Committee on Transportation Policy & Budget
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Cairnes; Chandler; DeBolt; Gardner; Hatfield; Johnson; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Sterk; Wood and Zellinsky.
MINORITY recommendation: Without recommendation. Signed by Representatives Blalock, Assistant Ranking Minority Member; and Constantine.
Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Mitchell, Backlund, Buck, Cairnes, Chandler, Cooper, DeBolt, Gardner, Hatfield, Johnson, Murray, O’Brien, Ogden, Radcliff, Robertson, Romero, Scott, Skinner, Sterk, Wood and Zellinsky.
Voting Nay: Representatives Blalock and Constantine.
There being no objection, the bills listed on the day's committee reports under the fifth order of business were advanced to second reading.
There being no objection, the House advanced to the eighth order of business.
There being no objection, the Rules Committee was relieved of the following bills, and the same were advanced to second reading: House Bill No. 1128, House Bill No. 1221, House Bill No. 1685, House Bill No. 1833, House Bill No. 2011, House Joint Memorial No. 4011, House Joint Resolution No. 4208, House Concurrent Resolution No. 4403, and Engrossed Senate Bill No. 5915.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
SUBSTITUTE SENATE BILL NO. 5157, by Senate Committee on Ways & Means (originally sponsored by Senators Zarelli, Stevens and Kohl)
Providing tax exemptions for items obtained to replace weather-damaged items.
The bill was read the second time.
There being no objection, the committee amendment was adopted. Committee on Financial Institutions & Insurance recommendation: Majority, do pass as amended. (For committee amendments, see Journal, 85 Day, April 7, 1997.)
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
The Speaker assumed the chair.
Representatives Mulliken, Carrell, Kessler, Pennington, Morris, Buck, Cooper, Johnson and Bush spoke in favor of passage of the bill.
Representative Dunshee and Cooke spoke against passage of the bill.
MOTION
On motion by Representative Talcott, Representatives Cairnes, Dyer and B. Thomas were excused.
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5157 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5157 as amended by the House, and the bill passed the House by the following vote: Yeas - 87, Nays - 8, Absent - 0, Excused - 3.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Carlson, Carrell, Chandler, Clements, Cody, Constantine, Conway, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Gardner, Gombosky, Grant, Hankins, Hatfield, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Morris, Mulliken, 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, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 87.
Voting nay: Representatives Chopp, Cole, Cooke, Dunshee, Fisher, Hickel, Mitchell and Murray - 8.
Excused: Representatives Cairnes, Dyer and Thomas, B. - 3.
Substitute Senate Bill No. 5157, as amended by the House, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 15, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE BILL NO. 6063 and asks the House for a conference thereon,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
There being to objection, the House granted the Senate request for a conference on Senate Bill No. 6063.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Sehlin, Honeyford and Ogden as conferees on Substitute Senate Bill No. 6063.
SUBSTITUTE SENATE BILL NO. 5276, by Senate Committee on Agriculture & Environment (originally sponsored by Senators Swecker, Roach and Oke)
Providing an alternative for persons whose water rights permits were conditioned due to impact on existing rights or established flows.
The bill was read the second time. There being no objection, the committee amendment by the Committee on Agriculture and Ecology was before the House for purposes of amendments. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)
Representative Linville moved the adoption of the following amendment by Representative Linville: (580)
On page 1, line 30 of the committee amendment, after "benefits" insert "and costs, including environmental effects,"
On page 2, line 16 of the committee amendment, after "benefits" insert "and costs, including environmental effects,"
Representatives Linville and Chandler spoke in favor of the adoption of the amendment. The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Chandler and Linville spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5276 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5276 as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, 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, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cairnes, Dyer and Thomas, B. - 3.
Substitute Senate Bill No. 5276, as amended by the House, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of Engrossed Substitute Senate Bill No. 5044 and Substitute Senate Bill No. 5336, and the bills held their places on the second reading calendar.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5479, by Senate Committee on Education (originally sponsored by Senators Benton, West, Hochstatter, Swecker, McDonald and Oke)
Changing time periods for provisional status for certificated employees.
The bill was read the second time.
Representative Quall moved the adoption of the following amendment by Representative Quall: (603)
On page 1, after line 16, insert the following new paragraph:
"If a provisional employee has completed two years of certificated employment with the district, and the superintendent of the school district determines that the employee’s work is unsatisfactory based on district evaluation criteria, the district shall notify the provisional employee in writing of stated specific areas of deficiencies that need to be corrected before terminating employment after the third year."
Representatives Quall, Cole and Linville spoke in favor of the adoption of the amendment.
Representative Johnson 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 (603) on page 1, line 16, to Engrossed Senate Bill No. 5479 and the amendment was adopted by the following vote: Yeas - 48, Nays - 47, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Blalock, Bush, Butler, Carlson, Chopp, Cody, Cole, Constantine, Conway, Cooke, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Honeyford, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Parlette, Poulsen, Quall, Regala, Romero, Scott, Sheldon, Sommers, H., Sullivan, Tokuda, Veloria, Wensman, Wolfe and Wood - 48.
Voting nay: Representatives Alexander, Backlund, Benson, Boldt, Buck, Carrell, Chandler, Clements, Cooper, Crouse, DeBolt, Delvin, Dunn, Hankins, Hickel, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, L., Thompson, Van Luven, Zellinsky and Mr. Speaker - 47.
Excused: Representatives Cairnes, Dyer and Thomas, B. - 3.
There being no objection, the House deferred consideration of Engrossed Senate Bill No. 5479 and the bill held it's place on the second reading calendar.
The Speaker called upon Representative Pennington to preside.
HOUSE BILL NO. 1128, by Representatives Thompson, Sump, McMorris, Mielke, Mulliken, Buck, Sheldon and Schoesler
Implementing a recovery plan for dead and at-risk timber in the Loomis state forest.
The bill was read the second time.
Representative Thompson moved the adoption of the following amendment by Representative Huff: (612)
On page 2, after line 34, insert the following:
"NEW SECTION. Sec. 4. The sum of nine hundred thirty-one thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1999, from the resource management cost account to the department of natural resources for the purposes of implementing this act."
Renumber the remaining sections consecutively and correct internal references and the title accordingly.
Representative Thompson spoke in favor of the adoption of the amendment.
Representative Regala 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 Thompson and Buck spoke in favor of passage of the bill.
Representative Regala spoke against passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1128.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 1128 and the bill passed the House by the following vote: Yeas - 63, Nays - 34, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, 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 - 63.
Voting nay: Representatives Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Lantz, Linville, Mason, Morris, Murray, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 34.
Excused: Representative Dyer - 1.
Engrossed House Bill No. 1128, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1221, by Representatives Ballasiotes, Sheahan, Robertson, Chandler, Cody, Crouse, K. Schmidt, Costa, Scott, Buck, Kessler, Schoesler, Chopp, Johnson, Honeyford, O'Brien, Wensman, Sheldon, McDonald, Zellinsky, Thompson, H. Sommers and Mason
Impounding vehicles driven by a person with a suspended or revoked license.
The bill was read the second time. There being no objection, Substitute House Bill No. 1221 was substituted for House Bill No. 1221 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1221 was read the second time.
Representative Ballasiotes moved the adoption of the following amendment by Representative Ballasiotes: (606)
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the license to drive a motor vehicle on the public highways is suspended or revoked in order to protect public safety following a driver's failure to comply with the laws of this state. Over six hundred persons are killed in traffic accidents in Washington annually, and more than eighty-four thousand persons are injured. It is estimated that of the three million four hundred thousand drivers' licenses issued to citizens of Washington, more than two hundred sixty thousand are suspended or revoked at any given time. Suspended drivers are more likely to be involved in causing traffic accidents, including fatal accidents, than properly licensed drivers, and pose a serious threat to the lives and property of Washington residents. Statistics show that suspended drivers are three times more likely to kill or seriously injure others in the commission of traffic felony offenses than are validly licensed drivers. In addition to not having a driver's license, most such drivers also lack required liability insurance, increasing the financial burden upon other citizens through uninsured losses and higher insurance costs for validly licensed drivers. Because of the threat posed by suspended drivers, all registered owners of motor vehicles in Washington have a duty to not allow their vehicles to be driven by a suspended driver.
Despite the existence of criminal penalties for driving with a suspended or revoked license, an estimated seventy-five percent of these drivers continue to drive anyway. Existing sanctions are not sufficient to deter or prevent persons with a suspended or revoked license from driving. It is common for suspended drivers to resume driving immediately after being stopped, cited, and released by a police officer and to continue to drive while a criminal prosecution for suspended driving is pending. More than half of all suspended drivers charged with the crime of driving while suspended or revoked fail to appear for court hearings. Vehicle impoundment will provide an immediate consequence which will increase deterrence and reduce unlawful driving by preventing a suspended driver access to that vehicle. Vehicle impoundment will also provide an appropriate measure of accountability for registered owners who permit suspended drivers to drive their vehicles. Impoundment of vehicles driven by suspended drivers has been shown to reduce future driving while suspended or revoked offenses for up to two years afterwards, and the recidivism rate for drivers whose cars were not impounded was one hundred percent higher than for drivers whose cars were impounded. In order to adequately protect public safety and to enforce the state's driver licensing laws, it is necessary to authorize the impoundment of any vehicle when it is found to be operated by a driver with a suspended or revoked license, and to provide in certain circumstances for the forfeiture of such vehicles where the owner continues to drive despite having been previously convicted of the crime of driving with a suspended or revoked license in violation of RCW 46.20.342 and 46.20.420.
NEW SECTION. Sec. 2. A new section is added to chapter 46.20 RCW to read as follows:
(1) Notwithstanding RCW 46.55.113, whenever a motor vehicle is found to be operated by a person with a suspended or revoked driver's license or nonresident driving privileges, or while in a suspended or revoked status in violation of RCW 46.20.342 or 46.20.420, the vehicle is subject to impoundment, pursuant to applicable local ordinance, at the direction of a law enforcement officer.
(2) If a vehicle is impounded under this section because the operator is in violation of RCW 46.20.342(1)(c), the vehicle shall not be released until a person eligible to redeem it under RCW 46.55.120(1)(a) satisfies the requirements of RCW 46.55.120(1)(b), including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency. However, if the department's records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle may be held for up to fifteen days at the written direction of the agency ordering the vehicle impounded.
(3) If a vehicle is impounded under this section because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to fifteen days and must not be released until a person eligible to redeem it under RCW 46.55.120(1)(a) satisfies the requirements of RCW 46.55.120(1)(b), including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency. However, if the department's records show that the operator has been convicted of a violation of RCW 46.20.342(1) (a) or (b) or a similar local ordinance within the past five years and the operator has a financial interest in the vehicle, the vehicle is subject to forfeiture. If the vehicle is forfeited, then the forfeiting agency shall pay all the impoundment, towing, and storage fees for the vehicle and shall be entitled to recover those fees from the operator of the forfeited vehicle, including any attorneys' fees, costs of collection, and interest at the statutory rate for judgment interest from the date of payment by the forfeiting agency of such fees.
(4) A forfeiture proceeding is commenced by the law enforcement agency causing notice of the intended forfeiture of the seized vehicle to be served not less than ten days after seizure on the registered tow truck operator which impounded the vehicle, the owner of the vehicle seized, the person in charge of the vehicle when it was seized, and any person having a known right or interest in the vehicle, including a community property interest. The notice may be served by any method authorized by law or court rule, including, but not limited to, service by certified mail with return receipt requested. Service by mail is complete upon mailing. Notice in the case of a vehicle subject to a security interest that has been perfected on a certificate of title must be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement, the certificate of title, or the transitional ownership record. Once the registered tow truck operator which impounded the vehicle receives notice, the vehicle must not be released except upon written order of the chief law enforcement officer of the agency directing the impoundment or his or her designee, an administrative law judge, or a court.
(5) The remaining procedures for forfeiting the vehicle are the same as set forth in RCW 46.61.5058 (5) through (14).
(6) Notwithstanding RCW 46.52.120(2), in any hearing under RCW 46.55.120 to contest the validity of the impoundment or under this section to contest the validity of the forfeiture, an abstract of the person's driving record may be admitted as and is prima facie evidence of the status of the person's driving privilege and that the person was convicted of each offense shown by the abstract. In addition, a certified vehicle registration of the vehicle sought to be forfeited shall be admissible without further evidentiary foundation.
(7) No determination of facts made by a person conducting a hearing under this section or RCW 46.55.120 shall have any collateral estoppel effect on a subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution.
Sec. 3. RCW 46.55.105 and 1995 c 219 s 4 are each amended to read as follows:
(1) The abandonment of any vehicle creates a prima facie presumption that the last registered owner of record is responsible for the abandonment and is liable for costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.
(2) If an unauthorized vehicle is found abandoned under subsection (1) of this section and removed at the direction of law enforcement, the last registered owner of record is guilty of a traffic infraction, unless the vehicle is redeemed as provided in RCW 46.55.120. In addition to any other monetary penalty payable under chapter 46.63 RCW, the court shall not consider all monetary penalties as having been paid until the court is satisfied that the person found to have committed the infraction has made restitution in the amount of the deficiency remaining after disposal of the vehicle under RCW 46.55.140.
(3) A vehicle theft report filed with a law enforcement agency relieves the last registered owner of liability under subsection (2) of this section for failure to redeem the vehicle. However, the last registered owner remains liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle under subsection (1) of this section. Nothing in this section limits in any way the registered owner's rights in a civil action or as restitution in a criminal action against a person responsible for the theft of the vehicle.
(4) Properly filing a report of sale or transfer regarding the vehicle involved in accordance with RCW 46.12.101(1) ((or a vehicle theft report filed with a law enforcement agency)) relieves the last registered owner of liability under subsections (1) and (2) of this section. If the date of sale as indicated on the report of sale is on or before the date of impoundment, the buyer identified on the latest properly filed report of sale with the department is assumed liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction. If the date of sale is after the date of impoundment, the previous registered owner is assumed to be liable for such costs. A licensed vehicle dealer is not liable under subsections (1) and (2) of this section if the dealer, as transferee or assignee of the last registered owner of the vehicle involved, has complied with the requirements of RCW 46.70.122 upon selling or otherwise disposing of the vehicle, or if the dealer has timely filed a transitional ownership record or report of sale under section 13 of this act. In that case the person to whom the licensed vehicle dealer has sold or transferred the vehicle is assumed liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.
(((4))) (5) For the purposes of reporting notices of traffic infraction to the department under RCW 46.20.270 and 46.52.100, and for purposes of reporting notices of failure to appear, respond, or comply regarding a notice of traffic infraction to the department under RCW 46.63.070(5), a traffic infraction under subsection (2) of this section is not considered to be a standing, stopping, or parking violation.
(((5))) (6) A notice of infraction for a violation of this section may be filed with a court of limited jurisdiction organized under Title 3, 35, or 35A RCW, or with a violations bureau subject to the court's jurisdiction.
Sec. 4. RCW 46.55.113 and 1996 c 89 s 1 are each amended to read as follows:
Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, the arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety. In addition, a police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:
(1) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;
(2) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;
(3) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;
(4) Whenever the driver of a vehicle is arrested and taken into custody by a police officer;
(5) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;
(6) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property;
(7) Upon determining that a person is operating a motor vehicle without a valid driver's license in violation of RCW 46.20.021 or with a license that has been expired for ninety days or more((, or with a suspended or revoked license in violation of RCW 46.20.342 or 46.20.420)).
Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.
Sec. 5. RCW 46.55.110 and 1995 c 360 s 6 are each amended to read as follows:
(1) When an unauthorized vehicle is impounded, the impounding towing operator shall notify the legal and registered owners of the impoundment of the unauthorized vehicle and the owners of any other items of personal property registered or titled with the department. The notification shall be sent by first-class mail within twenty-four hours after the impoundment to the last known registered and legal owners of the vehicle, and the owners of any other items of personal property registered or titled with the department, as provided by the law enforcement agency, and shall inform the owners of the identity of the person or agency authorizing the impound. The notification shall include the name of the impounding tow firm, its address, and telephone number. The notice shall also include the location, time of the impound, and by whose authority the vehicle was impounded. The notice shall also include the written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment pursuant to RCW 46.55.120.
(2) In the case of an abandoned vehicle, or other item of personal property registered or titled with the department, within twenty-four hours after receiving information on the owners from the department through the abandoned vehicle report, the tow truck operator shall send by certified mail, with return receipt requested, a notice of custody and sale to the legal and registered owners.
(3) If the date on which a notice required by subsection (2) of this section is to be mailed falls upon a Saturday, Sunday, or a postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday.
(4) No notices need be sent to the legal or registered owners of an impounded vehicle or other item of personal property registered or titled with the department, if the vehicle or personal property has been redeemed.
Sec. 6. RCW 46.55.120 and 1996 c 89 s 2 are each amended to read as follows:
(1) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, ((or)) 46.55.113, or section 2 of this act may be redeemed only under the following circumstances:
(a) Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, a person redeeming a vehicle impounded under section 2 of this act must prior to redemption establish with the agency that ordered the vehicle impounded that he or she has a valid driver's license and is in compliance with RCW 46.30.020. A vehicle impounded under section 2 of this act can only be released pursuant to a written order from the agency that ordered the vehicle impounded.
(b) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle. In addition, if a vehicle is impounded under section 2 of this act and was being operated by the registered owner when it was impounded, it must not be released to any person until the registered owner establishes with the agency that ordered the vehicle impounded that any penalties, fines, or forfeitures owed by him or her have been satisfied. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm can determine through the customer's bank or a check verification service that the presented check would not be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.
(2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.
(b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the district or municipal court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in the small claims department of a district court. If the hearing request is not received by the district or municipal court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the district or municipal court shall proceed to hear and determine the validity of the impoundment.
(3)(a) The district or municipal court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.
(c) At the conclusion of the hearing, the district or municipal court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.
(e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authorizing the impound. However, if an impoundment under section 2 of this act is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the local government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:
TO: . . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.
DATED this . . . . day of . . . . . ., 19. . .
Signature . . . . .. . . . . . .. . . . . . .. . . . . . .
Typed name and address
of party mailing notice
(4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees.
Sec. 7. RCW 46.55.130 and 1989 c 111 s 12 are each amended to read as follows:
(1) If, after the expiration of fifteen days from the date of mailing of notice of custody and sale required in RCW 46.55.110(2) to the registered and legal owners, the vehicle remains unclaimed and has not been listed as a stolen vehicle, then the registered tow truck operator having custody of the vehicle shall conduct a sale of the vehicle at public auction after having first published a notice of the date, place, and time of the auction in a newspaper of general circulation in the county in which the vehicle is located not less than three days and no more than ten days before the date of the auction. The notice shall contain a description of the vehicle including the make, model, year, and license number and a notification that a three-hour public viewing period will be available before the auction. The auction shall be held during daylight hours of a normal business day.
(2) The following procedures are required in any public auction of such abandoned vehicles:
(a) The auction shall be held in such a manner that all persons present are given an equal time and opportunity to bid;
(b) All bidders must be present at the time of auction unless they have submitted to the registered tow truck operator, who may or may not choose to use the preauction bid method, a written bid on a specific vehicle. Written bids may be submitted up to five days before the auction and shall clearly state which vehicle is being bid upon, the amount of the bid, and who is submitting the bid;
(c) The open bid process, including all written bids, shall be used so that everyone knows the dollar value that must be exceeded;
(d) The highest two bids received shall be recorded in written form and shall include the name, address, and telephone number of each such bidder;
(e) In case the high bidder defaults, the next bidder has the right to purchase the vehicle for the amount of his or her bid;
(f) The successful bidder shall apply for title within fifteen days;
(g) The registered tow truck operator shall post a copy of the auction procedure at the bidding site. If the bidding site is different from the licensed office location, the operator shall post a clearly visible sign at the office location that describes in detail where the auction will be held. At the bidding site a copy of the newspaper advertisement that lists the vehicles for sale shall be posted;
(h) All surplus moneys derived from the auction after satisfaction of the registered tow truck operator's lien shall be remitted within thirty days to the department for deposit in the state motor vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the remitted funds. If the director subsequently receives a valid claim from the registered vehicle owner of record as determined by the department within one year from the date of the auction, the surplus moneys shall be remitted to such owner;
(i) If an operator receives no bid, or if the operator is the successful bidder at auction, the operator shall, within ((thirty)) forty-five days sell the vehicle to a licensed vehicle wrecker, hulk hauler, or scrap processor by use of the abandoned vehicle report-affidavit of sale, or the operator shall apply for title to the vehicle.
(3) In no case may an operator hold a vehicle for longer than ninety days without holding an auction on the vehicle, except for vehicles that are under a police or judicial hold.
(4)(a) In no case may the accumulation of storage charges exceed fifteen days from the date of receipt of the information by the operator from the department as provided by RCW 46.55.110(2).
(b) The failure of the registered tow truck operator to comply with the time limits provided in this chapter limits the accumulation of storage charges to five days except where delay is unavoidable. Providing incorrect or incomplete identifying information to the department in the abandoned vehicle report shall be considered a failure to comply with these time limits if correct information is available.
NEW SECTION. Sec. 8. A new section is added to chapter 46.55 RCW to read as follows:
In any administrative or judicial proceeding involving a forfeiture of a vehicle under section 2 of this act, the chief law enforcement officer or court shall provide for the protection of a bona fide community property interest in the vehicle of a person other than the person whose operation of the vehicle with a suspended or revoked license led to the forfeiture.
Sec. 9. RCW 46.55.010 and 1994 c 176 s 1 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter:
(1) "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in the operator's possession for ((ninety-six)) one hundred twenty consecutive hours.
(2) "Abandoned vehicle report" means the document prescribed by the state that the towing operator forwards to the department after a vehicle has become abandoned.
(3) "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds—public and private.
(a) "Public impound" means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located.
(b) "Private impound" means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located.
(4) "Junk vehicle" means a vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield, or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal only to the approximate value of the scrap in it.
(5) "Master log" means the document or an electronic facsimile prescribed by the department and the Washington state patrol in which an operator records transactions involving impounded vehicles.
(6) "Registered tow truck operator" or "operator" means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles.
(7) "Residential property" means property that has no more than four living units located on it.
(8) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the state patrol.
(9) "Tow truck number" means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington.
(10) "Tow truck permit" means the permit issued annually by the department that has the classification of service the tow truck may provide stamped upon it.
(11) "Tow truck service" means the transporting upon the public streets and highways of this state of vehicles, together with personal effects and cargo, by a tow truck of a registered operator.
(12) "Unauthorized vehicle" means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time:
Subject to removal after:
(a) Public locations:
(i) Constituting an accident or a traffic hazard as defined in RCW 46.55.113. . . . . . . . . . . . . . . . Immediately
(ii) On a highway and tagged as described in RCW 46.55.085. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 hours
(iii) In a publicly owned or controlled parking facility, properly posted under RCW
46.55.070. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Immediately
(b) Private locations:
(i) On residential property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Immediately
(ii) On private, nonresidential property, properly posted under RCW 46.55.070. . . . . . . . . . . . . . .Immediately
(iii) On private, nonresidential property,
not posted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 hours
Sec. 10. RCW 46.55.100 and 1995 c 360 s 5 are each amended to read as follows:
(1) At the time of impoundment the registered tow truck operator providing the towing service shall give immediate notification, by telephone or radio, to a law enforcement agency having jurisdiction who shall maintain a log of such reports. A law enforcement agency, or a private communication center acting on behalf of a law enforcement agency, shall within six to twelve hours of the impoundment, provide to a requesting operator the name and address of the legal and registered owners of the vehicle, and the registered owner of any personal property registered or titled with the department that is attached to or contained in or on the impounded vehicle, the vehicle identification number, and any other necessary, pertinent information. The initial notice of impoundment shall be followed by a written or electronic facsimile notice within twenty-four hours. In the case of a vehicle from another state, time requirements of this subsection do not apply until the requesting law enforcement agency in this state receives the information.
(2) The operator shall immediately send an abandoned vehicle report to the department for any vehicle, and for any items of personal property registered or titled with the department, that are in the operator's possession after the ((ninety-six)) one hundred twenty hour abandonment period. Such report need not be sent when the impoundment is pursuant to a writ, court order, or police hold. The owner notification and abandonment process shall be initiated by the registered tow truck operator immediately following notification by a court or law enforcement officer that the writ, court order, or police hold is no longer in effect.
(3) Following the submittal of an abandoned vehicle report, the department shall provide the registered tow truck operator with owner information within seventy-two hours.
(4) Within ((fifteen)) fourteen days of the sale of an abandoned vehicle at public auction, the towing operator shall send a copy of the abandoned vehicle report showing the disposition of the abandoned vehicle and any other items of personal property registered or titled with the department to the crime information center of the Washington state patrol.
(5) If the operator sends an abandoned vehicle report to the department and the department finds no owner information, an operator may proceed with an inspection of the vehicle and any other items of personal property registered or titled with the department to determine whether owner identification is within the vehicle.
(6) If the operator finds no owner identification, the operator shall immediately notify the appropriate law enforcement agency, which shall search the vehicle and any other items of personal property registered or titled with the department for the vehicle identification number or other appropriate identification numbers and check the necessary records to determine the vehicle's or other property's owners.
Sec. 11. RCW 46.12.095 and 1969 ex.s. c 170 s 16 are each amended to read as follows:
A security interest in a vehicle other than one held as inventory by a manufacturer or a dealer and for which a certificate of ownership is required is perfected only by compliance with the requirements of section 13 of this act under the circumstances provided for therein or by compliance with the requirements of this section:
(1) A security interest is perfected ((only)) by the department's receipt of: (a) The existing certificate, if any, and (b) an application for a certificate of ownership containing the name and address of the secured party, and (c) tender of the required fee.
(2) It is perfected as of the time of its creation: (a) If the papers and fee referred to in ((the preceding)) subsection (1) of this section are received by this department within ((eight department business)) twenty calendar days ((exclusive)) of the day on which the security agreement was created; or (b) if the secured party's name and address appear on the outstanding certificate of ownership; otherwise, as of the date on which the department has received the papers and fee required in subsection (1) of this section.
(3) If a vehicle is subject to a security interest when brought into this state, perfection of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest was attached, subject to the following:
(a) If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, the following rules apply:
(b) If the name of the secured party is shown on the existing certificate of ownership issued by that jurisdiction, the security interest continues perfected in this state. The name of the secured party shall be shown on the certificate of ownership issued for the vehicle by this state. The security interest continues perfected in this state upon the issuance of such ownership certificate.
(c) If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, it may be perfected in this state; in that case, perfection dates from the time of perfection in this state.
Sec. 12. RCW 46.12.101 and 1991 c 339 s 19 are each amended to read as follows:
A transfer of ownership in a motor vehicle is perfected by compliance with the requirements of this section.
(1) If an owner transfers his or her interest in a vehicle, other than by the creation, deletion, or change of a security interest, the owner shall, at the time of the delivery of the vehicle, execute an assignment to the transferee and provide an odometer disclosure statement under RCW 46.12.124 on the certificate of ownership or as the department otherwise prescribes, and cause the certificate and assignment to be transmitted to the transferee. ((Within five days, excluding Saturdays, Sundays, and state and federal holidays,)) The owner shall notify the department or its agents or subagents, in writing, on the appropriate form, of the date of the sale or transfer, the name and address of the owner and of the transferee, the transferee's driver's license number, if available, and such description of the vehicle, including the vehicle identification number, the license plate number, or both, as may be required in the appropriate form provided for that purpose by the department. The report of sale is deemed properly filed if all required information is provided on the form and includes a department authorized notation or receipt that the document was received by the department or its agents or subagents on or before the fifth day following the date of sale of the vehicle, excluding Saturdays, Sundays, and state and federal holidays. Any report of sale processed and recorded by the department's agents or subagents may be subject to fees as specified in RCW 46.01.140 (4)(a) or (5)(b).
(2) The requirements of subsection (1) of this section to provide an odometer disclosure statement apply to the transfer of vehicles held for lease when transferred to a lessee and then to the lessor at the end of the leasehold and to vehicles held in a fleet when transferred to a purchaser.
(3) Except as provided in RCW ((46.12.120)) 46.70.122 the transferee shall within fifteen days after delivery to the transferee of the vehicle, execute the application for a new certificate of ownership in the same space provided therefor on the certificate or as the department prescribes, and cause the certificates and application to be transmitted to the department.
(4) Upon request of the owner or transferee, a secured party in possession of the certificate of ownership shall, unless the transfer was a breach of its security agreement, either deliver the certificate to the transferee for transmission to the department or, when the secured party receives the owner's assignment from the transferee, it shall transmit the transferee's application for a new certificate, the existing certificate, and the required fee to the department. Compliance with this section does not affect the rights of the secured party.
(5) If a security interest is reserved or created at the time of the transfer, the certificate of ownership shall be retained by or delivered to the person who becomes the secured party, and the parties shall comply with the provisions of RCW 46.12.170.
(6) If the purchaser or transferee fails or neglects to make application to transfer the certificate of ownership and license registration within fifteen days after the date of delivery of the vehicle, he or she shall on making application for transfer be assessed a twenty-five dollar penalty on the sixteenth day and two dollars additional for each day thereafter, but not to exceed one hundred dollars. The director may by rule establish conditions under which the penalty will not be assessed when an application for transfer is delayed for reasons beyond the control of the purchaser. Conditions for not assessing the penalty may be established for but not limited to delays caused by:
(a) The department requesting additional supporting documents;
(b) Extended hospitalization or illness of the purchaser;
(c) Failure of a legal owner to release his or her interest;
(d) Failure, negligence, or nonperformance of the department, auditor, or subagent.
Failure or neglect to make application to transfer the certificate of ownership and license registration within forty-five days after the date of delivery of the vehicle is a misdemeanor.
(7) Upon receipt of an application for reissue or replacement of a certificate of ownership and transfer of license registration, accompanied by the endorsed certificate of ownership or other documentary evidence as is deemed necessary, the department shall, if the application is in order and if all provisions relating to the certificate of ownership and license registration have been complied with, issue new certificates of title and license registration as in the case of an original issue and shall transmit the fees together with an itemized detailed report to the state treasurer, to be deposited in the motor vehicle fund.
(8) Once each quarter the department shall report to the department of revenue a list of those vehicles for which a seller's report has been received but no transfer of title has taken place.
NEW SECTION. Sec. 13. A new section is added to chapter 46.12 RCW to read as follows:
(1) The purpose of a transitional ownership record is to enable a security interest in a motor vehicle to be perfected in a timely manner when the certificate of ownership is not available at the time the security interest is created, and to provide for timely notification to security interest holders under chapter 46.55 RCW.
(2) A transitional ownership record is only acceptable as an ownership record for vehicles currently stored on the department's computer system and if the certificate of ownership or other authorized proof of ownership for the motor vehicle:
(a) Is not in the possession of the selling vehicle dealer or new security interest holder at the time the transitional ownership record is submitted to the department; and
(b) To the best of the knowledge of the selling dealer or new security interest holder, the certificate of ownership will not be received for submission to the department within twenty calendar days of the date of sale of the vehicle, or if no sale is involved, within twenty calendar days of the date the security agreement or contract is executed.
(3) A person shall submit the transitional ownership record to the department or to any of its authorized agents or subagents. A transitional ownership document processed and recorded by an agent or subagent may be subject to fees as specified in RCW 46.01.140 (4)(a) or (5)(b).
(4) "Transitional ownership record" means a record containing all of the following information:
(a) The date of sale;
(b) The name and address of each owner of the vehicle;
(c) The name and address of each security interest holder;
(d) If there are multiple security interest holders, the priorities of interest if the security interest holders do not jointly hold a single security interest;
(e) The vehicle identification number, the license plate number, if any, the year, make, and model of the vehicle; and
(f) The name of the selling dealer or security interest holder who is submitting the transitional ownership record.
(5) The report of sale form prescribed by the department under RCW 46.12.101 may be utilized by a vehicle dealer as the transitional ownership record.
(6) Notwithstanding the provisions of RCW 46.12.095 (1) and (2), compliance with the requirements of this section shall result in perfection of a security interest in the vehicle as of the time the security interest was created. Upon receipt of the certificate of ownership for the vehicle, or upon receipt of written confirmation that only an electronic record of ownership exists or that the certificate of ownership has been lost or destroyed, the selling dealer or new security interest holder shall promptly submit the same to the department together with an application for a new certificate of ownership containing the name and address of the secured party and tender the required fee as provided in RCW 46.12.095(1).
(7) The department shall adopt rules in accordance with chapter 34.05 RCW to develop the form for the transitional ownership record.
NEW SECTION. Sec. 14. RCW 46.20.344 and 1965 ex.s. c 121 s 45 are each repealed."
Correct the title.
Representatives Ballasiotes and Constantine spoke in favor of the adoption of the amendment. The amendment was adopted.
The bill was ordered engrossed
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Ballasiotes and Constantine spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1221.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1221 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
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, 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 - 97.
Excused: Representative Dyer - 1.
Engrossed Substitute House Bill No. 1221, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1685, by Representatives Hankins, Mitchell, Sehlin, Ogden, Carlson, Johnson, Talcott, K. Schmidt, Radcliff, Parlette, Dyer, Skinner, Honeyford, Zellinsky, Keiser, Dickerson, O'Brien, Blalock, Chopp, Hatfield, Regala, Conway, Lantz, Kenney, Wood, Doumit, Morris, Kessler and Cooke
Creating a school construction endowment and providing property tax reductions.
The bill was read the second time. There being no objection, Substitute House Bill No. 1685 was substituted for House Bill No. 1685 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1685 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 Hankins, Ogden, Kessler, Sehlin and Chopp spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1685.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1685 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.
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, 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, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Voting nay: Representative Sullivan - 1.
Excused: Representative Dyer - 1.
Substitute House Bill No. 1685, having received the constitutional majority, was declared passed.
The Speaker assumed the chair.
HOUSE BILL NO. 1833, by Representatives Van Luven, Sheldon, Dunn and Kessler; by request of Department of Community, Trade, and Economic Development
Assisting existing economic development revolving loan funds.
The bill was read the second time. There being no objection, Substitute House Bill No. 1833 was substituted for House Bill No. 1833 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1833 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 Van Luven and Sheldon 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. 1833.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1833 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
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, 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 - 97.
Excused: Representative Dyer - 1.
Substitute House Bill No. 1833, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 2011 and the bill held it's place on the second reading calendar.
HOUSE BILL NO. 2281, by Representatives K. Schmidt, Hankins, Mitchell, Skinner, Robertson, Radcliff, Fisher, Backlund, Cooper, Chandler, Cairnes, Blalock, Buck, Scott, Johnson, Murray, Mielke, Hatfield, D. Schmidt, Wensman, Bush, McMorris, Thompson, Gardner and Wood
Funding transportation.
The bill was read the second time. There being no objection, Substitute House Bill No. 2281 was substituted for House Bill No. 2281 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2281 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 K. Schmidt, Fisher and Backlund spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2281.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2281 and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, 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 - 94.
Voting nay: Representatives Blalock, Constantine and Keiser - 3.
Excused: Representative Dyer - 1.
Substitute House Bill No. 2281, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2108, by Representatives K. Schmidt, Mitchell, Hankins and Radcliff
Constructing a fourth jumbo ferry.
The bill was read the second time. There being no objection, Substitute House Bill No. 2108 was substituted for House Bill No. 2108 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2108 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 K. Schmidt and Constantine spoke in favor of passage of the bill.
Representative Fisher spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2108.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2108 and the bill passed the House by the following vote: Yeas - 81, Nays - 16, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Appelwick, Backlund, Ballasiotes, Blalock, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, DeBolt, Delvin, Dickerson, Doumit, Dunn, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Scott, Sehlin, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Veloria, Wensman, Wolfe, Zellinsky and Mr. Speaker - 81.
Voting nay: Representatives Anderson, Benson, Boldt, Chopp, Crouse, Dunshee, Fisher, Kastama, Mielke, Regala, Romero, Schoesler, Sheahan, Sterk, Tokuda and Wood - 16.
Excused: Representative Dyer - 1.
Substitute House Bill No. 2108, having received the constitutional majority, was declared passed.
I intended to vote NAY on Substitute House Bill No. 2108.
JEFF GOMBOSKY, 3rd District
HOUSE BILL NO. 2284, by Representatives B. Thomas, Kastama, Pennington, Dunshee, Sterk, Boldt, Carrell, DeBolt, Alexander and Van Luven
Consolidating business and occupation tax rates into fewer categories.
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 B. Thomas spoke in favor of passage of the bill.
Representatives Dunshee and H. Sommers spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2284.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2284 and the bill passed the House by the following vote: Yeas - 66, Nays - 31, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Gardner, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Quall, 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 - 66.
Voting nay: Representatives Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gombosky, Keiser, Kenney, Lantz, Mason, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 31.
Excused: Representative Dyer - 1.
House Bill No. 2284, having received the constitutional majority, was declared passed.
HOUSE JOINT MEMORIAL NO. 4011, by Representatives Boldt and Dunn
Requesting Congress to review the impact of the Columbia River Gorge National Scenic Area Act.
The memorial was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the memorial was placed on final passage.
Representatives Boldt, Pennington, Dunn and Honeyford spoke in favor of passage of the memorial.
Representatives Romero, Ogden and Regala spoke against passage of the memorial.
The Speaker stated the question before the House to be final passage of House Joint Memorial No. 4011.
ROLL CALL
The Clerk called the roll on the final passage of House Joint Memorial No. 4011 and the memorial passed the House by the following vote: Yeas - 57, Nays - 40, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Hankins, Hatfield, 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 - 57.
Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Carlson, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, 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.
Excused: Representative Dyer - 1.
House Joint Memorial No. 4011, having received the constitutional majority, was declared passed.
HOUSE JOINT RESOLUTION NO. 4208, by Representatives Wensman, B. Thomas, H. Sommers, Talcott, Cole, Regala, Constantine, Ballasiotes, Radcliff, D. Schmidt, Carlson, Clements, Dyer, Bush, Johnson, Cairnes, Quall, Morris, Keiser, Linville, Sterk, Dunn, Blalock, Hatfield, Dickerson, Conway, Thompson, Scott, Wood, O'Brien, Backlund, Cooke, Costa, Ogden, Cody, Kessler, Kenney, Cooper and Gardner
Allowing school levies for four-year periods.
The resolution was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the resolution was placed on final passage.
Representatives Wensman, Cole, Mitchell, Pennington, Huff, and Chopp spoke in favor of passage of the resolution.
The Speaker stated the question before the House to be final passage of House Concurrent Resolution No. 4208.
ROLL CALL
The Clerk called the roll on the final passage of House Concurrent Resolution No. 4208 and the resolution passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Blalock, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, 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 - 94.
Voting nay: Representatives Benson, Boldt and Crouse - 3.
Excused: Representative Dyer - 1.
House Concurrent Resolution No. 4208, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2011, by Representatives Wensman, Cole, H. Sommers, Talcott, B. Thomas, Regala, Constantine, Ballasiotes, Radcliff, D. Schmidt, Carlson, Clements, Dyer, Bush, Johnson, Cairnes, Quall, Morris, Keiser, Linville, Veloria, L. Thomas, Backlund, Cooke, Kenney, Poulsen, Hatfield, Dickerson, Ogden, Kessler, Blalock, Tokuda, Conway, Costa and Honeyford
Authorizing school levies for periods not exceeding four years.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Wensman, Cole and Butler spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2011.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2011 and the bill passed the House by the following vote: Yeas - 93, Nays - 4, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Blalock, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, DeBolt, Delvin, Dickerson, Doumit, Dunshee, 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 - 93.
Voting nay: Representatives Benson, Boldt, Crouse and Dunn - 4.
Excused: Representative Dyer - 1.
House Bill No. 2011, having received the constitutional majority, was declared passed.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5927, by Senate Committee on Ways & Means (originally sponsored by Senators Wood, Bauer, Winsley, Kohl, Sheldon, Hale, Prince, Patterson and West)
Changing higher education financing.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on Higher Education was before the House for purposes of amending. (For committee amendments, see Journal, 81st Day, April 3, 1997 (Committee on Higher Education) 85nd Day, April 7, 1997 (Committee on Appropriations).)
With the consent of the House, amendment numbers 485, 487, 593 and 609 to Engrossed Second Substitute Senate Bill No. 5927 were withdrawn.
Representative Schoesler moved the adoption of the following amendment (613) to the committee amendment:
On page 3, line 30 of the striking amendment, strike "((twenty four)) or exceed thirty" and insert "twenty four"
On page 4 of the striking amendment, line 18, beginning with "forecasted" strike all material through "forecast" on line 20 and insert the following:
"five-year rolling average of the per capita personal income growth rate contained in the even-year September Washington economic and revenue forecast by the office of the forecast council, or by four percent, whichever is the lower amount"
On page 7 of the striking amendment, on line 1, beginning with "For" strike all material through "year" on page 7, line 27, and insert the following:
"For each of the 1997-98 and 1998-99 academic years, except as provided under subsections (4) and (5) of this section, the tuition fees rates in subsection (2) of this section shall increase annually based on the five-year rolling average of the per capita personal income growth rate contained in the even-year September Washington economic and revenue forecast by the office of the forecast council, or by four percent, whichever is the lower amount. Increases in tuition fees under this subsection shall be incorporated in the base tuition fees rates for the next academic year.
(4) During each of the 1997-98 and 1998-99 academic years, the governing boards of the state universities, the regional universities, The Evergreen State College, and, for the community colleges as a whole, the state board for community and technical colleges, may increase tuition fees rates for nonresident students and for resident students enrolled in programs leading to the degree of juris doctor, up to six percent each year in addition to the tuition fees rates computed under subsection (3) of this section. Any increase in tuition fees adopted under this subsection shall be incorporated in the base tuition fees rates for the next academic year.
(5) As a pilot program during the 1997-99 biennium, only for programs and classes at the Cheney campus, the governing board of Eastern Washington University, for each of the 1997-98 and 1998-99 academic years, may increase tuition fees rates for resident students by up to the five-year rolling average of the per capita personal income growth rate contained in the even-year September Washington economic and revenue forecast by the office of the forecast council, or by four percent, whichever is the lower amount, and may increase tuition fee rates for nonresident students by up to six percent in addition to the tuition fees rates for resident students"
On page 7 of the striking amendment, line 28, beginning with "(c)" strike all material through "program" on page 7, line 30 and insert the following:
"(6) For tuition increases of more than four percent in any year"
On page 7 of the striking amendment, line 31, strike "five" and insert "four"
On page 7 of the striking amendment, line 37, strike "(5)" and insert "(7)"
Representatives Schoesler, Mason, Huff and Carlson spoke in favor of adoption of the amendment. The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Carlson, H. Sommers and Huff spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 5927 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5927 as amended by the House, and the bill passed the House by the following vote: Yeas - 91, Nays - 6, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Fisher, Gardner, Gombosky, Grant, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, 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, 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 - 91.
Voting nay: Representatives Benson, Conway, Hankins, Hatfield, Lambert and Sheldon - 6.
Excused: Representative Dyer - 1.
Engrossed Second Substitute Senate Bill No. 5927, as amended by the House, having received the constitutional majority, was declared passed.
SECOND SUBSTITUTE SENATE BILL NO. 5842, by Senate Committee on Ways & Means (originally sponsored by Senators Swecker, Winsley and Fraser)
Pertaining to litter control and recycling.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Agriculture and Ecology was before the House for purpose of amendments. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)
Representative Chandler moved the adoption of the following amendment by Representative Chandler: (569)
On page 3, line 4 of the amendment, strike "Twenty-five" and insert "Twenty"
On page 3, line 6 of the amendment, strike "Twenty-five" and insert "Thirty"
Representatives Chandler and Linville spoke in favor of the adoption of the amendment. The amendment was adopted.
Representative Chandler moved the adoption of the following amendment by Representative Chandler: (570)
On page 3, line 12 of the amendment, strike "and" and insert "((and))"
On page 3, line 13 of the amendment, after "(ii)" insert "Programs to foster local waste reduction and recycling efforts; and
(iii)"
Representatives Chandler and Linville spoke in favor of the adoption of the amendment. The amendment was adopted.
With the consent of the House, amendment number 568 to Second Substitute Senate Bill No. 5842 was withdrawn.
Representative Linville moved the adoption of the following amendment by Representative Linville: (571)
On page 3, line 33 of the amendment, strike all of Section 5 and insert the following:
"NEW SECTION. Sec. 5. (1) The department shall convene a task force to review and make recommendations on the implementation of the waste reduction, recycling, and model litter control act. The task force shall consist of four legislators, one from each caucus; one person each to represent the departments of ecology, transportation, and corrections; two persons each to represent cities and counties; one person to represent private recyclers; and one person each to represent four different industry groups paying the tax imposed under RCW 82.19.010. Members of the house of representatives shall be appointed by the speaker of the house of representatives and members of the senate shall be appointed by the president of the senate. Agency representatives shall be appointed by the appropriate agency director. All other appointments shall be made by the director of the department of ecology. The task force shall submit a report to the appropriate committees of the house of representatives and senate by December 1, 1997. The report shall contain specific recommendations on: (a) The appropriate funding levels for activities funded under RCW 70.93.180; (b) Coordinating or consolidating state, local, and volunteer litter pickup programs; and (c) Litter tax compliance and equity issues.
(2) This section expires June 30, 1998."
Representatives Linville and Chandler spoke in favor of the adoption of the amendment. The amendment was adopted.
Representative Kessler moved the adoption of the following amendment by Representative Kessler: (564)
On page 4, after line 13 of the amendment, insert the following:
"Sec. 1. RCW 43.19A.020 and 1996 c 198 s 1 are each amended to read as follows:
(1) The USEPA product standards, as now or hereafter amended, are adopted as the minimum standards for the state of Washington. These standards shall be implemented for at least the products listed in (a) and (b) of this subsection by the dates indicated, unless the director finds that a different standard would significantly increase recycled product availability or competition.
(a) By July 1, 1997:
(i) Paper and paper products;
(ii) Organic recovered materials; and
(iii) Latex paint products;
(b) By July 1, 1997:
(i) Products for lower value uses containing recycled plastics;
(ii) Retread and remanufactured tires;
(iii) Lubricating oils;
(iv) Automotive batteries;
(v) Building insulation;
(vi) Panelboard; and
(vii) Compost products.
(2) The standards required by this section shall be applied to recycled product purchasing by the department and other state agencies. The standards may be adopted or applied by any other local government in product procurement. The standards shall provide for exceptions under appropriate circumstances to allow purchases of recycled products that do not meet the minimum content requirements of the standards, including an exception that shall be granted for printing and writing papers manufactured at any paper mill that: (a) Is located in a timber impact area, as defined in RCW 43.31.601; and (b) employs fewer than five hundred employees."
Renumber the remaining section consecutively and correct the title.
Representative Chandler requested a ruling on Scope and Object of amendment 564.
The Speaker (Representative Pennington presiding): Representative Chandler, the Speaker is ready to rule on your Scope and Object request on amendment 564.
The subject portion of the title of Second Substitute Senate Bill No. 5842 is: "AN ACT Relating to litter control and recycling." Both the bill and the proposed committee amendment propose changes to Chapter 70. 93, The Model Litter Control Act, and to Chapter 82.19, the Refuse Collection tax.
The Scope of the bill, as measured by the title of the act, is narrow, amendments must relate to litter control or recycling.
Amendment 564 by Representative Kessler would propose to amend the Recycled Products Procurement law, Chapter 43.19A RCW so as to exempt certain paper mills from meeting some of the recycling standards of that act.
The Speaker finds that amendment 564 does deal with recycling and is within the Scope of the title of Second Substitute Senate Bill No. 5842.
The Object of Second Substitute Senate Bill No. 5842 is to change the distribution formula of funds collected under the litter act so as to provide more monies for litter clean up along highways.
The Object of amendment 564 as noted above, is to exempt certain paper mills from meeting some of the recycling standards of the state Product Procurement Act.
The Speaker finds that amendment 564 is beyond the Object of Second Substitute Senate Bill No. 5842.
Representative Chandler, your Point of Order is well taken.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Chandler and Linville spoke in favor of passage of the bill.
Representative Anderson spoke against passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Substitute Senate Bill No. 5842 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5842 as amended by the House, and the bill passed the House by the following vote: Yeas - 92, Nays - 5, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 92.
Voting nay: Representatives Anderson, Cole, Lantz, Murray and Regala - 5.
Excused: Representative Dyer - 1.
Second Substitute Senate Bill No. 5842, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5044, by Senate Committee on Law & Justice (originally sponsored by Senators Benton and Oke)
Revising AIDS-related crimes.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Sheahan and Thompson spoke in favor of passage of the bill.
Representatives Constantine, Chopp and Murray spoke against passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5044.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5044 and the bill passed the House by the following vote: Yeas - 57, Nays - 40, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Backlund, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Conway, Cooke, Crouse, DeBolt, Delvin, Dunn, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Lantz, Lisk, McDonald, McMorris, Mielke, Mitchell, Mulliken, Pennington, 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 - 57.
Voting nay: Representatives Anderson, Appelwick, Ballasiotes, Blalock, Butler, Chopp, Cody, Cole, Constantine, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Keiser, Kenney, Linville, Mason, Mastin, Morris, Murray, O'Brien, Ogden, Parlette, Poulsen, Quall, Radcliff, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 40.
Excused: Representative Dyer - 1.
Engrossed Substitute Senate Bill No. 5044, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5326, by Senators Hargrove, Zarelli, Loveland, Snyder, Schow, Rasmussen and Benton
Removing requirements relating to carrying firearms unloaded and encased in an opaque case or wrapper.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Sheahan and Cairnes spoke in favor of passage of the bill.
Representatives Constantine and Appelwick spoke against passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 5326.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5326 and the bill passed the House by the following vote: Yeas - 62, Nays - 35, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Backlund, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Conway, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Morris, Mulliken, Parlette, Pennington, Quall, 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 - 62.
Voting nay: Representatives Anderson, Appelwick, Ballasiotes, Blalock, Butler, Chopp, Cody, Cole, Constantine, Cooper, Costa, Dickerson, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Lantz, Linville, Mason, Mitchell, Murray, O'Brien, Ogden, Poulsen, Radcliff, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 35.
Excused: Representative Dyer - 1.
Senate Bill No. 5326, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5336, by Senate Committee on Government Operations (originally sponsored by Senators Horn and Haugen)
Clarifying and harmonizing provisions affecting cities and towns.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Government Administration was before the House for purposes of amendments. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)
Representative L. Thomas moved the adoption of the following amendment (604)
On page 12, line 28 of the committee amendment, after "county" insert "with a population of less than six hundred sixty thousand"
On page 13, line 3 of the committee amendment, after "county" insert "with a population of less than six hundred sixty thousand"
Representative L. Thomas spoke in favor of the adoption of the amendment. The amendment was adopted.
The question before the House was the adoption of the committee amendment as amended. The committee amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives D. Schmidt, Gardner and Dunshee spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5336 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5336 as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, 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, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, 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 - 94.
Voting nay: Representatives Backlund, Lambert and Quall - 3.
Excused: Representative Dyer - 1.
Substitute Senate Bill No. 5336, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5718, by Senate Committee on Transportation (originally sponsored by Senators Wood, Newhouse, Haugen, Winsley and Oke; by request of Department of Licensing)
Protecting certain personal information in state motor vehicle and driver records.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Transportation Policy and Budget was before the House for purposes of amendments. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)
Representative Robertson moved the adoption of the following amendment (610) to the committee amendment.
On page 3, line 14, after "functions" strike all material through "functions" on line 16
On page 3, beginning on line 20, after "dealers;" strike "motor vehicle market research activities, including survey research;"
On page 4, beginning on line 16, strike all of subsection (10)
Renumber the remaining subsections consecutively and correct internal references accordingly.
Representative Robertson spoke in favor of the adoption of the amendment. The amendment was adopted.
The question before the House was the adoption of the committee amendment as amended. The committee amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives K. Schmidt and Blalock spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5718 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5718 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.
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, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, 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 - 96.
Voting nay: Representative Koster - 1.
Excused: Representative Dyer - 1.
Substitute Senate Bill No. 5718, as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5299, by Senators Swecker, Fraser and Oke
Requiring that a petition of review be served upon local government.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Sherstad and Romero spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 5299.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5299 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.
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, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, 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 - 96.
Voting nay: Representative Mason - 1.
Excused: Representative Dyer - 1.
Senate Bill No. 5299, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5462, by Senate Committee on Government Operations (originally sponsored by Senators Hale, Anderson, Haugen, Patterson, Goings, McCaslin and Winsley)
Changing local government permit timeline provisions.
The bill was read the second time.
With the consent of the House, amendment number 504 to Substitute Senate Bill No. 5462 was withdrawn.
Representative Buck moved the adoption of the following amendment (531):
On page 3, line 20, after "RCW" strike ", unless" and insert "((, unless)) . In addition, a local government may adopt an ordinance exempting all building permit applications from the notice of application process as long as the exempted building permit applications are determined to be consistent with the local government’s comprehensive plan and development regulations adopted pursuant to chapter 36.70A RCW. Building permit applications are not exempt under this subsection if the applicable provision of the comprehensive plan or development regulations is subject to an order of invalidity of a court or a growth management hearings board. A notice of application shall be required under all circumstances if"
Representatives Buck and Cairnes spoke in favor of the adoption of the amendment.
Representative Romero spoke against the adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Cairnes and Buck spoke in favor of passage of the bill.
Representatives Romero, Lantz and Gardner spoke against passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5462 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5462 as amended by the House, and the bill passed the House by the following vote: Yeas - 63, Nays - 34, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, 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 - 63.
Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Kastama, Keiser, Kenney, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 34.
Excused: Representative Dyer - 1.
Substitute Senate Bill No. 5462, as amended by the House, having received the constitutional majority, was declared passed.
HOUSE CONCURRENT RESOLUTION NO. 4403, by Representatives Carlson, Conway, Kenney, Dickerson, Ogden, Keiser, Radcliff, Mason, Regala, Costa, Lantz, Cooper, Tokuda and Butler
Approving the recommendations of the 1996 update of the Work Force Training and Education Coordinating Board's comprehensive plan.
The resolution was read the second time. There being no objection, Substitute House Concurrent Resolution No. 4403 was substituted for House Concurrent Resolution No. 4403 and the substitute resolution was placed on the second reading calendar.
Substitute House Concurrent Resolution No. 4403 was read the second time.
Representative McMorris moved the adoption of the following amendment by Representative McMorris: (616)
On page 1, after line 14, insert the following:
"WHEREAS, Despite these efforts, Washington’s work force development programs are unduly fragmented, spending eight hundred sixty-six million dollars in fiscal year 1996 through multiple agencies and various programs; and
WHEREAS, The legislature finds that the work force training and education coordinating board must intensify its efforts to identify program funding, identify options for program consolidation and coordinate related program to redirect resources toward programs that most effectively and efficiently meet the needs of those businesses that produce family wage jobs for workers in our state; and"
On page 2, line 23, after "the" strike "board reports and recommendations required under House Bill No. 2211." and insert the following:
"following board reports and recommendations:
(1) By July 1, 1998, the work force training and education coordinating board shall prepare a comprehensive report to the legislature identifying all current work force development programs available in our state. For each program identified in the report, the board shall, at a minimum, include the following information:
(a) The program's funding sources, whether state or federal, including a breakdown by administrative and direct service expenditures at the state, regional, and local levels. The board shall define "administration" and "direct service cost" so as to ensure that the aggregate report will be comparable among programs;
(b) An indication of whether or not matching funds are required for the receipt of funds and, if so, by whom;
(c) A statement of whether waivers are available from program or funding regulations;
(d) The current number of program participants and their geographic representation;
(e) Any program participation requirements for qualification to enter the program;
(f) A review of program rules;
(g) The type of training and other services provided to program participants;
(h) A review of program completion rates for a period of five years or the existence of the program, whichever is less, where appropriate and available; and
(i) A review of job placement rates in relation to training activities for a period of five years or the existence of the program, whichever is less, where appropriate and available.
For programs for which the information required under subsection (1)(h) and (i) is appropriate, but not available, the work force training and education board shall recommend measures for the programs to produce such information.
All current work force development programs available in our state shall participate in the preparation of this report as required by the board. If any work force development program fails to participate in the report, that fact shall be highlighted in the report.
(2) By November 1, 1998, the work force training and education coordinating board, using the information compiled under subsection (1) and the outcome, net-impact, and cost-benefit evaluations required in RCW 28C.18.090, shall provide the legislature with efficiency recommendations including modification, consolidation, or elimination of programs identified in RCW 50.16.096. At a minimum, the recommendations must include all state board for community and technical colleges administered vocational programs; dislocated worker training programs; adult basic education programs; secondary vocational education; participating private vocational school programs; job training partnership act Titles IIA, IIB, IIC, and III; and the state job skills program.
The recommendations under this subsection must take into account any performance reports available for the programs. The recommendations must also include provisions that will streamline and coordinate program offerings and direct training resources in response to local labor market demand. The board shall also provide recommendations to improve program effectiveness measured by retention and completion rates for program participants, and job placement and retention rates of participants in relation to training activities.
(3) For purposes of the reports under subsections (1) and (2), the term "program" does not include the activities of individual institutions, such as individual community or technical colleges, common schools, service delivery areas, job service centers, or individual fields of study or course."
Representatives McMorris and Conway spoke in favor of the adoption of the amendment. The amendment was adopted.
The resolution was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the resolution was placed on final passage.
Representatives McMorris, Conway and Carlson spoke in favor of adoption of the resolution.
The Speaker (Representative Pennington presiding) stated the question before the House to be final adoption of Engrossed Substitute House Concurrent Resolution No. 4403.
ROLL CALL
The Clerk called the roll on the final adoption of Engrossed Substitute House Concurrent Resolution No. 4403 and the resolution passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
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, 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 - 97.
Excused: Representative Dyer - 1.
Engrossed Substitute House Concurrent Resolution No. 4403, having received the constitutional majority, was declared adopted.
SUBSTITUTE SENATE BILL NO. 5175, by Senate Committee on Agriculture & Environment (originally sponsored by Senators Morton, Rasmussen, Hochstatter, Goings and Roach; by request of Department of Revenue)
Revising the business and occupation tax on the handling of hay, alfalfa, and seed.
The bill was read the second time.
Representative B. Thomas moved the adoption of the following amendment: (617)
On page 2, line 3, strike "or processed" and insert "((or processed))"
On page 5, beginning on line 4, after "(16)" strike everything through "(17)" on line 8
Representatives B. Thomas and Dunshee spoke in favor of the adoption of the amendment. The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Schoesler and Dunshee spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5175 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5175 as amended by the House, and the bill passed the House by the following vote: Yeas - 85, Nays - 12, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Constantine, Conway, Cooke, Cooper, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, 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, Wensman, Wood, Zellinsky and Mr. Speaker - 85.
Voting nay: Representatives Butler, Chopp, Cody, Cole, Costa, Dickerson, Keiser, Mason, Murray, Romero, Veloria and Wolfe - 12.
Excused: Representative Dyer - 1.
Substitute Senate Bill No. 5175, as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5343, by Senators Sellar and Prentice
Defining the location of a retail sale by a towing service operator as the place of business.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives B. Thomas and Dunshee spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 5343.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5343 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
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, 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 - 97.
Excused: Representative Dyer - 1.
Senate Bill No. 5343, having received the constitutional majority, was declared passed.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1017,
SUBSTITUTE HOUSE BILL NO. 1024,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1064,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1419,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1678,
SUBSTITUTE HOUSE BILL NO. 1776,
SUBSTITUTE HOUSE BILL NO. 1985,
SUBSTITUTE SENATE BILL NO. 5005,
SUBSTITUTE SENATE BILL NO. 5541,
ENGROSSED SENATE BILL NO. 5600,
SUBSTITUTE SENATE BILL NO. 5782,
SENATE CONCURRENT RESOLUTION NO. 8410,
MESSAGES FROM THE SENATE
April 16, 1997
Mr. Speaker:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1219,
SUBSTITUTE HOUSE BILL NO. 1342,
SUBSTITUTE HOUSE BILL NO. 1466,
SUBSTITUTE HOUSE BILL NO. 1467,
SUBSTITUTE HOUSE BILL NO. 1594,
SUBSTITUTE HOUSE BILL NO. 1600,
SUBSTITUTE HOUSE BILL NO. 1806,
ENGROSSED HOUSE BILL NO. 1940,
SUBSTITUTE HOUSE BILL NO. 1975,
HOUSE JOINT MEMORIAL NO. 4000,
and the same are herewith transmitted.
Mike O'Connell, Secretary
April 16, 1997
Mr. Speaker:
The President has signed: SUBSTITUTE HOUSE BILL NO. 1061,
SUBSTITUTE HOUSE BILL NO. 1402,
SUBSTITUTE HOUSE BILL NO. 1429,
ENGROSSED HOUSE BILL NO. 1533,
and the same are herewith transmitted.
Mike O'Connell, Secretary
There being no objection, the House reverted to the fourth order of business.
INTRODUCTIONS AND FIRST READING (First Supplemental)
SSB 5737 by Senate Committee on Ways & Means (originally sponsored by Senators Anderson, Loveland, Schow, Sheldon, Strannigan, Rossi, Deccio, Goings, Horn, Swecker, Rasmussen, Bauer, Hale, Roach, Johnson, Benton, West and Oke)
Reducing the carbonated beverage tax.
SSB 5845 by Senate Committee on Ways & Means (originally sponsored by Senators Swecker, Prentice, Sellar, Hargrove, Benton, Schow, Heavey, Wood, Bauer, Winsley, Wojahn, Haugen, Rasmussen, Jacobsen, McCaslin, Anderson, Newhouse, Johnson, Horn, West, Morton, Hochstatter, Sheldon, Goings, Finkbeiner, Rossi, Hale, Roach and Oke)
Offsetting an increase in beer tax for health services account with corresponding decrease.
SSB 6077 by Senate Committee on Ways & Means (originally sponsored by Senators McCaslin and Snyder)
Exempting from business and occupation tax nonprofit hospice agencies.
There being no objection, the bills listed on day's supplemental sheet under the fourth order of business were introduced and then advanced to the second reading calendar.
INTRODUCTIONS AND FIRST READING (Second Supplemental)
HB 2285 by Representatives Sheahan and Ballasiotes
Relating to juvenile justice.
There being no objection, the bill listed on the day's second supplemental sheets under the fourth order of business was introduced and held on first reading.
The Speaker assumed the chair.
MESSAGE FROM THE SENATE
April 16, 1997
Mr. Speaker:
The Senate has passed:
ENGROSSED SENATE BILL NO. 6098,
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House advanced to the sixth order of business.
SECOND READING
ENGROSSED SENATE BILL NO. 5354, by Senators Benton, Anderson, Rossi and Rasmussen
Removing the commissioner of public lands and adding the secretary of state to the membership of the capitol committee.
The bill was read the second time.
Representative Gardner moved the adoption of the following amendment by Representative Gardner: (512)
On page 1, after line 15, insert:
"NEW SECTION. Sec. 3. The state capitol committee shall study the physical condition of, and the need for any repairs to, the governor’s mansion and report its findings to the legislature on or before January 1, 1998."
Correct the title.
Representatives Gardner and D. Schmidt spoke in favor of the adoption of the amendment. The amendment was adopted.
Representative D. Schmidt moved the adoption of the following amendment by Representative D. Schmidt: (615)
On page 1, after line 15, insert:
"NEW SECTION. Sec. 3. The state capitol committee shall approve the recommendations of the World War II Advisory Committee for the design and siting of the World War II memorial on the state capitol campus, that was approved and recommended by the Capitol Campus Design Advisory Committee."
Correct the title.
Representatives D. Schmidt and Conway spoke in favor of the adoption of the amendment.
Representative Romero question whether this measure would have any effect.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives D. Schmidt and Gardner spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 5354 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5354 as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.
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, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, 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 - 94.
Voting nay: Representatives Fisher, Lantz and Romero - 3.
Excused: Representative Dyer - 1.
Engrossed Senate Bill No. 5354, as amended by the House, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of Senate Bill No. 5571 and the bill held it's place on the second reading calendar.
SUBSTITUTE SENATE BILL NO. 5569, by Senate Committee on Commerce & Labor (originally sponsored by Senators Schow, Sellar and Wood)
Revising provisions for overtime compensation for commissioned salespersons.
Mr. Speaker: Representative McMorris, the Speaker is prepared to rule on your request for Scope and Object of amendment 591 to Substitute Senate Bill No. 5569. (For amendment, see Journal, 93rd Day, April 15, 1997.)
The subject portion of the title of Substitute Senate Bill No. 5569 is: "ACT Relating to overtime compensation for commissioned salespersons."
The Scope of the bill, as measured by the title of the act, is narrow; any amendment must in some manner deal with overtime compensation for commissioned sales persons, in order to fall within the scope of this title.
Amendment 591 by Representative Conway proposes to remove farm workers from an exemption from overtime contained in the current law.
While amendment 591 seeks to amend the same section of RCW as does Substitute Senate Bill No. 569, the amendment does not relate to overtime compensation for commissioned salespersons.
The Speaker finds that amendment 591 is not within the Scope of the title of Substitute Senate Bill No. 5569.
Representative McMorris, your Point of Order is well taken.
Representative Conway moved the adoption of the following amendment by Representative Conway: (588)
On page 3, immediately after line 37, insert "This subsection (3) applies only to the hours of employment in which, except for de minimis other duties performed at the direction of the employer, the employee is engaged exclusively in sales duties."
On page 6, immediately after line 31, insert "(8) "Sales duties" include selling goods or services, duties incidental to or in conjunction with selling goods or services, inactivity pending a sales opportunity, or duties performed pending a sales opportunity in reasonable proximity to the employee’s customary sales location."
Representatives Conway and Kastama spoke in favor of the adoption of the amendment.
Representative McMorris spoke against the 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 (588) on page 6, immediately after line 31, to Substitute Senate Bill No. 5569 and the amendment was not adopted by the following vote: Yeas - 45, Nays - 52, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Blalock, Butler, Carrell, 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, Smith, Sommers, H., Sullivan, Talcott, Tokuda, Van Luven, Veloria, Wolfe and Wood - 45.
Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, 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, Sommers, D., Sterk, Sump, Thomas, B., Thomas, L., Thompson, Wensman, Zellinsky and Mr. Speaker - 52.
Excused: Representative Dyer - 1.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McMorris, Sherstad, DeBolt, Zellinsky and Honeyford spoke in favor of passage of the bill.
Representatives Conway, Wood and Cooper spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5569.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5569 and the bill passed the House by the following vote: Yeas - 61, Nays - 36, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 61.
Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Hatfield, Kastama, Keiser, Kenney, Lantz, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 36.
Excused: Representative Dyer - 1.
Substitute Senate Bill No. 5569, having received the constitutional majority, was declared passed.
There being no objection, the House reverted to the fourth order of business.
INTRODUCTIONS AND FIRST READING (Third Supplemental)
AN ACT Relating to human services; adding new sections to chapter 74.-- RCW; and creating a new section.
There being no objection, the bill was read the first time.
SECOND READING
There being no objection, the rules were suspended, and Engrossed Senate Bill No. 6098 was advanced to second reading and read the second time in full.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Cooke and Tokuda spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 6098.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6098 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
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, 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 - 97.
Excused: Representative Dyer - 1.
Engrossed Senate Bill No. 6098, having received the constitutional majority, was declared passed.
REPORTS OF STANDING COMMITTEES (SUPPLEMENTAL)
April 16, 1997
SB 5072 Prime Sponsor, Kohl: Increasing the penalty for providing liquor to persons under age twenty-one. Reported by Committee on Criminal Justice & Corrections
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 66.44.270 and 1993 c 513 s 1 are each amended to read as follows:
(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, "premises" includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.
(2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.
(b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4) or (5) of this section.
(3) Subsections (1) and (2)(a) of this section do not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.
(4) This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician, or dentist.
(5) This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.
(6) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years."
Correct the title.
Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; Blalock; Cairnes; Delvin; Hickel; Mitchell and Robertson.
MINORITY recommendation: Do not pass. Signed by Representatives Dickerson and Sullivan.
Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O’Brien, Blalock, Cairnes, Delvin, Hickel and Robertson.
Voting Nay: Representatives Dickerson and Sullivan.
Excused: Representative Mitchell.
Passed to Rules Committee for second reading.
April 16, 1997
ESB 5565 Prime Sponsor, Winsley: Facilitating review of election procedures. Reported by Committee on Government Administration
MAJORITY recommendation: Do pass. Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Doumit; Dunn; Dunshee; Reams; Smith; L. Thomas and Wolfe.
Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Dunn, Dunshee, Smith and L. Thomas.
Excused: Representatives Gardner, Doumit, Murray, Reams, Wensman and Wolfe.
Passed to Rules Committee for second reading.
April 16, 1997
SB 5938 Prime Sponsor, Roach: Revising sentencing provisions. Reported by Committee on Criminal Justice & Corrections
MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Blalock; Cairnes; Delvin; Dickerson; Hickel; Mitchell; Robertson and Sullivan.
Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O’Brien, Blalock, Cairnes, Delvin, Dickerson, Hickel, Mitchell, Robertson and Sullivan.
Passed to Rules Committee for second reading.
There being no objection, the bills listed on the day’s supplemental committee reports under the fifth order of business were advanced to second reading.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Lisk, the House adjourned until 9:00 a.m., Thursday, April 17, 1997.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk
1017 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
1024 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
1061 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1064 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
1119
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1128
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
1189
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
1198
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
1219 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1221
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
1221 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
1232
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
1341
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1342 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1402 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
1411
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1419 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
1429 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
1459
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
1465
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1466 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1467 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1473
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1525
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
1533
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
1551
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
1576 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1593
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1594 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1600 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1604
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1615
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
1678 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
1685
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
1685 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
1743
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1761
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1776 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
1802
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1806 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1828
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1833
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
1833 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
1847
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1940
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1955 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1969 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1975 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1985 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
2011
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5, 23
2044 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2108
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
2108 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
2163
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
2197
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
2281
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
2281 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
2282
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2283
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2284
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
2285
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
4000
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
4011
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
4208
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
4403
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
4403 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
5005 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5044 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
5072
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
5154
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5157 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
5175 (Sub)
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
5276 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
5286 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5299
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
5326
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
5336 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
5343
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
5353
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5354
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
5402
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5424 (Sub)
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5462 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
5479 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
5541 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5543
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5559
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5565
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
5569 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
5571
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44
5600
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5688
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5718 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
5737 (Sub)
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5782 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5842 (2nd Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
5845 (Sub)
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5915
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
5927 (2nd Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
5935 (Sub)
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5938
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
6045 (Sub)
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6063 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6068 (Sub)
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6070
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6077 (Sub)
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
6092 (Sub)
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
6098
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
8014
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
8410
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
HOUSE OF REPRESENTATIVES
Statement for the Journal; Representative Gombosky. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
HOUSE OF REPRESENTATIVES (REPRESENTATIVE PENNINGTON PRESIDING)
Point of Order, Representative Chandler. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
SPEAKER OF THE HOUSE
Speaker's Ruling: Scope & Object: 5569-S #591; Point well taken. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
SPEAKER OF THE HOUSE (REPRESENTATIVE PENNINGTON PRESIDING)
Speaker's Ruling: Scope & Object: 5842-S2.E #564; Point well take. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31