FIRST SPECIAL LEGISLATIVE SESSION
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TWENTY NINTH DAY
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House Chamber, Olympia, Wednesday, May 23, 2001
The House was called to order at 10:00 a.m. by the Speaker (Representative Ogden 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 Paul Peck and Daniel Ballif. Prayer was offered by Representative Bill Fromhold.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGE FROM THE SENATE
May 22, 2001
Mr. Speakers:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6007,
ENGROSSED SENATE BILL NO. 6188,
and the same are herewith transmitted.
Tony M. Cook, Secretary
INTRODUCTIONS AND FIRST READING
HB 2259 by Representatives Rockefeller, Eickmeyer, Lantz, Jackley and Haigh
AN ACT Relating to clarifying that a court may not suspend more than one-half of a fine that is imposed on violators of disabled parking or disabled parking permits; and amending RCW 46.16.381.
Held on 1st Reading.
HB 2261 by Representatives Van Luven, Edwards, Cairnes, Cody and Campbell
AN ACT Relating to the taxation of organ procurement and transplanting activities; amending RCW 82.04.324; creating a new section; and declaring an emergency.
Held on 1st Reading.
HB 2263 by Representatives Schual-Berke, Doumit, Haigh, Kenney, McIntire, Tokuda, Fisher, Fromhold, Hurst, Veloria, Hunt, Edmonds, Wood, Kagi and Quall
AN ACT Relating to funding for traffic safety education; amending RCW 46.20.055 and 46.68.041; and reenacting and amending RCW 46.20.120.
Held on First Reading.
HB 2264 by Representatives Cody, Alexander, Romero, Skinner, Schual-Berke and Ballasiotes
AN ACT Relating to mental health service performance measures; adding new sections to chapter 71.24 RCW; and creating a new section.
HB 2265 by Representatives Ogden and Talcott
AN ACT Relating to an open private choice primary; amending RCW 29.01.090, 29.04.180, 29.27.020, 29.27.030, 29.30.005, 29.30.025, 29.30.095, 29.30.101, 29.33.320, 29.36.045, 29.42.010, 29.42.050, 29.42.070, and 42.17.020; adding a new section to chapter 29.07 RCW; adding new sections to chapter 29.30 RCW; adding new sections to chapter 29.15 RCW; adding a new section to chapter 29.42 RCW; adding a new section to chapter 29.81A RCW; adding a new chapter to Title 29 RCW; creating new sections; repealing RCW 29.18.010, 29.18.120, 29.18.150, 29.18.160, 29.18.200, and 29.30.040; providing an expiration date; and declaring an emergency.
Held on First Reading.
ESSB 5407 by Senate Committee on Labor, Commerce & Financial Institutions (originally sponsored by Senators West, Prentice, Kohl-Welles, Gardner and Rasmussen)
AN ACT Relating to changing provisions relating to the import of simulcast horse races from out-of-state racing facilities to class 1 racing associations' live racing facilities; amending RCW 67.16.200; and creating a new section.
ESSB 6007 by Senate Committee on Labor, Commerce & Financial Institutions (originally sponsored by Senators Prentice, Winsley, Gardner, Franklin, Fairley, Kline and Costa; by request of Employment Security Department)
AN ACT Relating to extending unemployment insurance coverage to employees of Indian tribes; amending RCW 50.04.090; adding a new section to chapter 50.04 RCW; adding a new chapter to Title 50 RCW; creating new sections; and declaring an emergency.
SB 6188 by Senators Prentice, Swecker, Haugen, McDonald, Gardner, Horn, Rasmussen and Deccio
AN ACT Relating to streamlining the environmental permit process for transportation projects.
Referred to Committee on Transportation.
There being no objection, House Bill No. 2264 was read the first time, the rules were suspended and the bill was placed on the Second Reading calendar.
There being no objection, Engrossed Substitute Senate Bill No. 5407 was read the first time, the rules were suspended and the bill was placed on the Second Reading calendar.
There being no objection, Engrossed Substitute Senate Bill No. 6007 was read the first time, the rules were suspended and the bill was placed on the Second Reading calendar.
There being no objection, the bill list on the day's Introduction & First Reading sheet under the fourth order was referred to the committee so designed.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
ENGROSSED SUBSTITUTE SENATE BILL NO. 5407, By Senate Committee on Labor, Commerce & Financial Institutions (originally sponsored by Senators West, Prentice, Kohl-Welles, Gardner and Rasmussen)
Allowing more simulcast horse racing.
The bill was read the second time.
With the consent of the House, amendment number (242) was adopted.
Representative Bush moved the adoption of the following amendment (243):
On page 5, after line 28, insert the following:
"(10) A licensee shall include the following statement in any advertising or promotion of a simulcast race conducted by the licensee:
"CAUTION: Participation in gambling activity may result in pathological gambling behavior causing emotional and financial harm. For help, call 1-800-547-6133."
For purposes of this subsection, advertising includes print media, point-of-sale advertising, electronic media, billboards, and radio advertising."
Renumber subsequent subsection accordingly.
Representatives Bush, Lantz, and Pennington spoke in favor of the adoption of the amendment.
Representatives Wood, Clements, and Buck spoke against adoption of the amendment.
The amendment was not adopted.
Representative Bush requested a ruling on the number of votes necessary to pass Engrossed Substitute Senate Bill No. 5407.
The Speaker (Representative Ogden presiding): "In ruling upon the point of inquiry by Representative Bush concerning the number of votes necessary to pass Engrossed Substitute Senate Bill No. 5407, the Speakers first note that an informal opinion of the Attorney General's Office finds that parimutuel wagering in connection with simulcast horse racing is allowed under current law, and that the bill would not authorize any form of gambling not already authorized under existing law.
"The Speakers also note that the President of the Senate, in ruling upon the same point of inquiry concerning the number of votes necessary to pass the bill, found that the measure would remove restrictions on the number of simulcast races that may be imported by horse racing associations on live race days. Because the measure would permit increased occurrences of gambling, the President ruled that a 60 percent vote is required on final passage in accordance with Article II, Section 24 of the State Constitution.
"The Speakers also rule that a 60 percent vote (59) votes is required for final passage."
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Wood, Clements, and Eickmeyer spoke in favor of passage of the bill.
Representatives Pennington and Bush spoke against passage of the bill.
The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5407.
MOTIONS
On motion of Representative Santos, Representatives Edwards and Poulsen were excused. On motion of Representative Schoesler, Representatives Campbell, DeBolt and Dunn were excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5407 and the bill passed the House by the following vote: Yeas - 61, Nays - 32, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Alexander, Anderson, Ballasiotes, Benson, Berkey, Buck, Cairnes, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Darneille, Delvin, Dickerson, Doumit, Dunshee, Eickmeyer, Ericksen, Fisher, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Jackley, Jarrett, Keiser, Kenney, Kessler, Kirby, Linville, Lisk, Mastin, McDermott, McMorris, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Pflug, Quall, Romero, Ruderman, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Van Luven, Veloria, Wood, Woods, and Speaker Chopp - 61.
Voting nay: Representatives Armstrong, Barlean, Boldt, Bush, Carrell, Casada, Cox, Crouse, Edmonds, Esser, Fromhold, Hurst, Kagi, Lambert, Lantz, Lovick, Marine, McIntire, Mielke, Morell, Pearson, Pennington, Reardon, Roach, Rockefeller, Santos, Schindler, Schmidt, Sump, Talcott, Tokuda, and Speaker Ballard - 32.
Excused: Representatives Campbell, DeBolt, Dunn, Edwards and Poulsen - 5.
Engrossed Substitute Senate Bill No. 5407, having received the necessary constitutional majority, was declared passed.
STATEMENT FOR THE JOURNAL
I intended to vote YEA on Engrossed Substitute Senate Bill No. 5407.
AARON REARDON, 38th District
ENGROSSED SUBSTITUTE SENATE BILL NO. 6007, By Senate Committee on Labor, Commerce & Financial Institutions (originally sponsored by Senators Prentice, Winsley, Gardner, Franklin, Fairley, Kline and Costa; by request of Employment Security Department)
Extending unemployment insurance coverage to employees of Indian tribes.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Clements and Conway spoke in favor of passage of the bill.
The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6007.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6007 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Doumit, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 93.
Excused: Representatives Campbell, DeBolt, Dunn, Edwards and Poulsen - 5.
Engrossed Substitute Senate Bill No. 6007, having received the necessary constitutional majority, was declared passed.
MESSAGES FROM THE SENATE
May 23, 2001
Mr. Speakers:
The Senate has passed:
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5094,
SUBSTITUTE SENATE BILL NO. 5236,
and the same are herewith transmitted.
Tony M. Cook, Secretary
May 23, 2001
Mr. Speakers:
The Senate has passed:
ENGROSSED HOUSE BILL NO. 2260,
and the same is herewith transmitted.
Tony M. Cook, Secretary
SECOND READING
HOUSE BILL NO. 2264, By Representatives Cody, Alexander, Romero, Skinner, Schual-Berke and Ballasiotes
Creating performance measures to evaluate the community mental health service delivery system.
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 Cody and Campbell spoke in favor of passage of the bill.
The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of House Bill No. 2264.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2264 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Doumit, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 95.
Excused: Representatives DeBolt, Dunn, and Edwards - 3.
House Bill No. 2264, having received the necessary constitutional majority, was declared passed.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Gombosky, the House adjourned until 1:00 p.m., May 24, 2001, the 30th Legislative Day of the First Special Legislative Session.
CLYDE BALLARD, Speaker FRANK CHOPP, Speaker
TIMOTHY A. MARTIN, Chief Clerk CYNTHIA ZEHNDER, Chief Clerk