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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

___________________________________________________________________________________________

SIXTEENTH DAY

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House Chamber, Olympia, Tuesday, January 28, 2003

The House was called to order at 9:55 a.m. by the Speaker (Representative Lovick presiding).

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

INTRODUCTION & FIRST READING

HB 1467 by Representatives Ericksen and Anderson

AN ACT Relating to providing incentives for the purchase of hybrid and fuel cell vehicles; amending RCW 82.08.020; adding a new section to chapter 82.08 RCW; and creating a new section.

Referred to Committee on Transportation.

HB 1468 by Representatives Ericksen, Anderson and McMahan

AN ACT Relating to business and occupation tax deductions for charitable contributions; adding a new section to chapter 82.04 RCW; and providing an effective date.

Referred to Committee on Finance.

HB 1469 by Representatives Ericksen and Anderson

AN ACT Relating to habitat mitigation banks; and adding a new chapter to Title 90 RCW.

Referred to Committee on Fisheries, Ecology & Parks.

HB 1470 by Representatives Cox, Haigh, Schoesler, Sump, Quall and Santos

AN ACT Relating to residency for purposes of attending Washington public schools; and amending RCW 28A.225.170.

Referred to Committee on Education.

HB 1471 by Representatives O'Brien, Schindler, Mielke, Miloscia, Lovick, Nixon, Ahern, Holmquist, Hinkle, McMahan, Pearson and Anderson

AN ACT Relating to tax exemptions for church and church camp property; amending RCW 84.36.020, 84.36.030, and 84.36.800; and creating a new section.

Referred to Committee on Finance.

HB 1472 by Representatives Veloria, Skinner, Eickmeyer, McCoy, Miloscia, McDonald and Condotta

AN ACT Relating to clean and sober housing; amending RCW 59.18.290; adding a new section to chapter 59.18 RCW; and prescribing penalties.

Referred to Committee on Judiciary.

HB 1473 by Representatives Hudgins, Nixon, Flannigan, Pettigrew, Clibborn, Kenney, Haigh, Hinkle, Bailey, Morrell and Upthegrove

AN ACT Relating to filling vacancies in office; amending RCW 36.16.110, 36.32.0558, 36.32.070, and 42.12.040; and providing a contingent effective date.

Referred to Committee on Local Government.

HB 1474 by Representatives Chandler, Condotta, Holmquist, Crouse, Benson, Clements, Kristiansen, Newhouse, Hinkle, Cox, Alexander, Priest, McDonald, Bailey, McMahan, Talcott, Schindler, Ahern, Mielke, Sump, Schoesler, Carrell, Bush, Anderson, Ericksen, Woods, Pflug and Pearson

AN ACT Relating to ergonomics rules; and adding a new section to chapter 49.17 RCW.

Referred to Committee on Commerce & Labor.

HB 1475 by Representatives Pearson, Grant, Mielke, Sump, Boldt, Kristiansen, Chandler, Hinkle, Condotta, Armstrong, Buck and Anderson

AN ACT Relating to clarifying the definition of ordinary high water mark; and amending RCW 90.58.030.

Referred to Committee on Fisheries, Ecology & Parks.

HB 1476 by Representatives Pearson, Grant, Sump, Kristiansen, Boldt, Mielke, Armstrong, Condotta, Buck and Campbell

AN ACT Relating to improving the safety of recreational users of the state's rivers and streams; amending RCW 77.55.100; adding a new section to chapter 79.90 RCW; and creating a new section.

Referred to Committee on Fisheries, Ecology & Parks.

HB 1477 by Representatives Cooper, Hankins and Anderson

AN ACT Relating to fuel tax evasion; amending RCW 82.36.380 and 82.38.270; adding new sections to chapter 82.36 RCW; adding new sections to chapter 82.38 RCW; creating a new section; repealing RCW 82.36.306 and 82.38.182; and prescribing penalties.

Referred to Committee on Transportation.

HB 1478 by Representatives Cooper and Hankins

AN ACT Relating to changing the payment date of motor vehicle fuel tax and special fuel tax when paying by electronic funds transfer; amending RCW 82.36.035 and 82.38.160; repealing RCW 82.36.405 and 82.38.289; providing an effective date; and declaring an emergency.

Referred to Committee on Transportation.

HB 1479 by Representatives Sullivan, Ericksen, Rockefeller, Miloscia and Woods; by request of Department of Transportation

AN ACT Relating to authorizing the ferry system to use alternative public works contracting procedures; and amending RCW 39.10.020.

Referred to Committee on Transportation.

HB 1480 by Representatives Clibborn, Ericksen and Wallace; by request of Department of Transportation

AN ACT Relating to sharing of appraisal information in condemnation proceedings; and amending RCW 8.25.120.

Referred to Committee on Judiciary.

HB 1481 by Representatives Sullivan, Ericksen and Veloria; by request of Department of Transportation

AN ACT Relating to moving and relocation expenses; and amending RCW 8.26.035.

Referred to Committee on Judiciary.

HB 1482 by Representatives Wallace, Ericksen and Rockefeller; by request of Department of Transportation

AN ACT Relating to transferring accident data processing to the department of transportation; amending RCW 46.52.030, 46.52.050, 46.52.060, 46.52.065, 46.52.080, 46.52.085, and 46.29.060; reenacting and amending RCW 46.52.120; providing an effective date; and declaring an emergency.

Referred to Committee on Transportation.

HB 1483 by Representatives Lantz and Campbell

AN ACT Relating to the board of industrial insurance appeals; and amending RCW 51.52.010 and 51.52.104.

Referred to Committee on Commerce & Labor.

HB 1484 by Representatives Sullivan and Bailey

AN ACT Relating to the excise tax treatment of confectioneries; amending RCW 82.08.0293 and 82.12.0293; providing an effective date; and declaring an emergency.

Referred to Committee on Finance.

HB 1485 by Representatives Lovick, O'Brien and Campbell

AN ACT Relating to auto theft; amending RCW 9A.56.070; reenacting and amending RCW 9.94A.505, 9.94A.505, 9.94A.515, and 9.94A.515; adding new sections to chapter 36.28A RCW; adding a new section to chapter 46.37 RCW; prescribing penalties; providing an effective date; and providing an expiration date.

Referred to Committee on Criminal Justice & Corrections.

HB 1486 by Representatives O'Brien, Delvin, Cairnes, Lovick, Hankins, Simpson, Roach, Bush, Fromhold, Ericksen, McDonald, Woods, Cooper, Campbell, Anderson and Kenney

AN ACT Relating to exempting the surviving spouse and children of certain law enforcement officers or fire fighters from paying tuition and fees; and amending RCW 28B.15.380.

Referred to Committee on Higher Education.

HB 1487 by Representatives Haigh, Schoesler, Miloscia, Cox, Hunt, Kenney, Rockefeller and Santos

AN ACT Relating to courses of study options offered by public high schools; and amending RCW 28A.230.010 and 28A.230.130.

Referred to Committee on Education.

HB 1488 by Representatives Miloscia, Armstrong, Pettigrew, Morris, Linville, Schual-Berke, Conway, Romero, Chase, Eickmeyer, Haigh, Hunt, Moeller, Anderson, McCoy, Lovick, Upthegrove, Berkey, Morrell, Lantz, Wood and Kenney

AN ACT Relating to quality improvement; adding new sections to chapter 41.04 RCW; adding a new section to chapter 44.04 RCW; and adding a new section to chapter 2.04 RCW.

Referred to Committee on State Government.

HB 1489 by Representatives Sullivan, Pflug, Schual-Berke, Crouse, Cody, Santos, Morrell, Wood, Anderson and Kenney

AN ACT Relating to the organ donor registry; amending RCW 68.50.540; adding new sections to chapter 68.50 RCW; adding a new section to chapter 46.20 RCW; adding a new section to chapter 46.12 RCW; and creating a new section.

Referred to Committee on Health Care.

HB 1490 by Representatives Edwards, Campbell and Skinner

AN ACT Relating to creating a license for assisted living facilities; adding a new chapter to Title 18 RCW; and prescribing penalties.

Referred to Committee on Health Care.

HB 1491 by Representatives Schual-Berke, Darneille, Benson, Campbell and Upthegrove

AN ACT Relating to preventing increase in the regulatory costs on long-term care providers; amending RCW 18.20.090, 18.51.070, 70.128.040, and 74.08.090; creating a new section; and declaring an emergency.

Referred to Committee on Health Care.

HB 1492 by Representatives Conway, Campbell, Cody, Skinner, Darneille, Sehlin and Kenney

AN ACT Relating to small business economic impact statements; and amending RCW 19.85.020.

Referred to Committee on State Government.

HB 1493 by Representatives Campbell, Cody and Skinner

AN ACT Relating to dental hygienists; and amending RCW 18.29.050.

Referred to Committee on Health Care.

HB 1494 by Representatives Delvin, Cooper, Jarrett, Berkey, Upthegrove and Conway

AN ACT Relating to the disposition of property to a foreign entity; amending RCW 39.33.010; and declaring an emergency.

Referred to Committee on Local Government.

HB 1495 by Representatives Hudgins, Chandler, Conway and Kenney; by request of Liquor Control Board

AN ACT Relating to the summary suspension of a liquor license pending revocation proceedings; and amending RCW 66.08.150.

Referred to Committee on Commerce & Labor.

HB 1496 by Representatives Sullivan, Cairnes, Gombosky and Sehlin

AN ACT Relating to clarifying the apportionment of business and occupation taxes on certain businesses conducted both within and outside the state; and amending RCW 82.04.460.

Referred to Committee on Finance.

HB 1497 by Representatives O'Brien, Delvin, Mielke, Ruderman, Haigh, Ahern, Anderson, Lovick, Kagi and Kenney

AN ACT Relating to technical reorganization of criminal statutes to simplify citation to offenses; amending RCW 2.48.180, 3.50.440, 4.24.320, 7.40.230, 9.05.030, 9.05.060, 9.08.065, 9.08.070, 9.16.080, 9.18.120, 9.18.130, 9.24.020, 9.24.030, 9.24.050, 9.26A.110, 9.35.020, 9.40.100, 9.40.120, 9.41.040, 9.41.042, 9.41.050, 9.45.020, 9.45.124, 9.45.126, 9.45.210, 9.45.220, 9.46.155, 9.46.215, 9.47.090, 9.47.120, 9.61.160, 9.61.230, 9.62.010, 9.68.060, 9.68A.090, 9.68A.150, 9.81.020, 9.81.030, 9.82.010, 9.86.020, 9.86.030, 9.91.140, 9.91.170, 9.94.010, 9.94.030, 9.94A.518, 9.94A.533, 9.94A.550, 9.94A.605, 9.94A.610, 9.94A.734, 9A.20.021, 9A.36.021, 9A.40.030, 9A.40.070, 9A.44.100, 9A.44.130, 9A.46.020, 9A.48.090, 9A.56.070, 9A.56.080, 9A.56.085, 9A.56.096, 9A.60.040, 9A.64.020, 9A.64.030, 9A.76.023, 9A.76.070, 9A.76.080, 9A.82.050, 9A.82.060, 9A.82.080, 9A.82.160, 9A.84.010, 9A.88.010, 10.66.090, 10.79.015, 10.79.040, 10.95.020, 13.40.070, 13.40.160, 13.40.193, 13.40.265, 14.20.020, 15.21.060, 15.24.200, 15.26.300, 15.30.250, 15.60.055, 15.61.050, 15.80.650, 16.52.015, 16.52.190, 16.52.193, 16.52.200, 16.52.230, 16.58.170, 16.65.440, 17.10.350, 17.21.310, 17.24.100, 18.04.370, 18.06.130, 18.06.140, 18.08.460, 18.32.675, 18.32.745, 18.32.755, 18.39.215, 18.39.217, 18.39.220, 18.39.231, 18.57.160, 18.64.045, 18.64.046, 18.64.047, 18.64.246, 18.64.270, 18.71.190, 18.92.230, 18.130.075, 18.130.190, 19.09.275, 19.25.020, 19.25.030, 19.25.040, 19.48.110, 19.68.010, 19.76.110, 19.86.145, 19.100.210, 19.105.480, 19.105.520, 19.110.120, 19.110.160, 19.116.080, 19.146.050, 19.146.110, 19.158.160, 20.01.482, 20.01.490, 21.20.400, 21.30.140, 24.06.465, 26.04.210, 28A.405.040, 28A.635.050, 28A.635.090, 28A.635.100, 28B.10.570, 28B.10.571, 28B.10.572, 28B.20.320, 28B.85.030, 29.04.120, 29.15.100, 29.15.110, 29.36.370, 29.51.200, 29.51.230, 29.79.440, 29.82.170, 30.04.240, 30.04.260, 30.12.090, 30.12.100, 30.12.120, 30.42.290, 30.44.110, 30.44.120, 31.12.724, 31.12.850, 32.04.100, 32.04.110, 32.24.080, 33.24.360, 35.32A.090, 35.36.040, 35A.36.040, 36.18.170, 36.28.060, 36.29.060, 36.32.210, 36.68.080, 36.69.180, 36.71.060, 36.75.130, 38.32.090, 38.32.120, 38.52.150, 39.44.101, 39.62.040, 40.16.010, 40.16.020, 40.16.030, 41.26.062, 41.32.055, 42.20.070, 42.20.090, 43.01.100, 43.06.220, 43.06.230, 43.08.140, 43.09.165, 43.19.1939, 43.22.300, 43.22.340, 43.30.310, 43.43.856, 43.70.185, 46.08.170, 46.09.130, 46.10.130, 46.12.070, 46.12.210, 46.12.220, 46.16.010, 46.44.175, 46.44.180, 46.52.010, 46.52.090, 46.55.020, 46.61.015, 46.61.020, 46.61.685, 46.64.010, 46.68.010, 46.70.021, 46.72.100, 46.72A.060, 46.72A.070, 46.80.020, 46.80.190, 46.87.260, 46.87.290, 47.36.180, 47.36.200, 47.36.250, 47.38.010, 47.41.070, 47.52.120, 47.68.233, 47.68.234, 47.68.240, 47.68.255, 48.06.030, 48.06.190, 48.17.480, 48.30.230, 48.30A.015, 48.31.105, 49.12.410, 49.28.010, 49.28.080, 49.28.100, 49.44.100, 49.44.120, 50.36.010, 50.36.020, 50.40.010, 51.48.040, 51.48.103, 51.48.280, 51.52.120, 53.08.220, 53.34.190, 61.12.030, 64.36.020, 64.36.210, 65.12.730, 65.12.740, 65.12.750, 65.12.760, 66.20.200, 66.28.200, 66.28.210, 66.28.220, 66.44.120, 66.44.180, 66.44.290, 67.24.010, 67.70.120, 67.70.130, 67.70.140, 68.28.060, 68.50.100, 68.50.140, 68.50.145, 68.50.150, 68.50.250, 68.50.610, 68.56.040, 69.04.060, 69.04.070, 69.07.150, 69.25.150, 69.25.160, 69.40.020, 69.40.030, 69.41.030, 69.41.040, 69.41.050, 69.41.070, 69.41.300, 69.41.320, 69.41.330, 69.50.402, 69.50.403, 69.50.406, 69.50.408, 69.50.410, 69.50.415, 69.50.416, 69.50.430, 69.50.440, 69.50.505, 69.90.020, 70.05.120, 70.54.090, 70.54.160, 70.58.280, 70.74.180, 70.94.430, 70.95D.100, 70.105.085, 70.106.140, 70.108.130, 70.110.040, 70.111.030, 70.122.090, 70.127.020, 72.23.170, 72.23.300, 74.08.055, 74.08.100, 74.08.331, 76.12.140, 76.36.035, 76.36.110, 76.36.120, 76.48.120, 77.15.194, 77.15.196, 77.15.198, 78.12.061, 79.01.072, 79.01.748, 79.01.810, 79.76.290, 79A.05.165, 80.28.190, 80.28.210, 81.04.390, 81.40.010, 81.40.040, 81.40.060, 81.40.080, 81.40.130, 81.44.085, 81.54.030, 81.56.150, 81.60.070, 81.60.080, 81.64.090, 81.64.160, 81.68.080, 82.08.0273, 82.08.050, 82.36.330, 82.36.400, 82.44.120, 82.45.090, 82.49.065, 82.50.170, 84.08.050, 84.36.387, 84.40.120, 84.40.340, 87.03.200, 87.03.490, 88.02.055, 88.02.118, 88.08.020, 88.08.050, 88.46.080, 90.03.400, 90.48.140, and 90.56.300; reenacting and amending RCW 9.94A.030, 9.94A.515, 9A.46.110, 9A.82.010, 13.40.0357, 18.64.245, 69.41.020, 69.50.401, and 69.50.435; adding new sections to chapter 9.08 RCW; adding a new section to chapter 9.26A RCW; adding a new section to chapter 9.40 RCW; adding new sections to chapter 9.91 RCW; adding new sections to chapter 9A.56 RCW; adding a new section to chapter 9A.60 RCW; adding a new section to chapter 9A.82 RCW; adding a new section to chapter 19.76 RCW; adding a new section to chapter 19.110 RCW; adding a new section to chapter 69.25 RCW; adding new sections to chapter 69.41 RCW; adding new sections to chapter 69.50 RCW; creating a new section; recodifying RCW 69.41.070; repealing RCW 9.16.090, 9.18.140, 9.45.230, 9.61.170, 9.61.180, 9.68A.140, 9.68A.160, 9.86.050, 9.94.020, 10.79.045, 16.52.195, 18.06.150, 18.64.247, 26.04.230, 28A.405.050, 28A.635.120, 28B.10.573, 28B.20.322, 28B.20.324, 28B.85.110, 29.51.215, 33.24.380, 36.28.070, 36.28.080, 36.28.140, 36.29.070, 36.32.215, 36.32.220, 36.32.225, 36.32.230, 36.75.140, 36.75.150, 43.01.110, 43.22.345, 47.36.210, 47.36.220, 47.36.230, 47.38.030, 48.30A.025, 49.28.020, 49.28.030, 49.28.082, 49.28.084, 49.28.110, 49.44.110, 49.44.130, 61.12.031, 64.36.230, 66.28.250, 66.44.291, 68.50.260, 69.90.040, 70.54.100, 70.54.170, 70.110.060, 70.111.050, 70.127.210, 78.12.062, 81.40.030, 81.40.050, 81.40.070, 81.40.090, 81.40.120, 81.40.140, 81.60.090, 81.64.100, 81.64.110, and 81.64.170; prescribing penalties; and providing an effective date.

Referred to Committee on Criminal Justice & Corrections.

HB 1498 by Representatives Morrell, Campbell, Cody, Kagi and Santos

AN ACT Relating to physical therapy; amending RCW 18.74.005, 18.74.010, 18.74.012, and 18.74.030; and adding new sections to chapter 18.74 RCW.

Referred to Committee on Health Care.

HB 1499 by Representatives Romero, Hunt, Haigh, Moeller, Cooper, Kenney, Simpson, Conway, Campbell, McDermott, Veloria, Flannigan, Cody, Dickerson, Cairnes, Armstrong, Schoesler, Cox, Santos and Wood

AN ACT Relating to early retirement; adding new sections to chapter 41.40 RCW (uncodified); adding a new section to chapter 43.01 RCW (uncodified); adding a new section to chapter 39.29 RCW (uncodified); providing expiration dates; and declaring an emergency.

Referred to Committee on Appropriations.

HB 1500 by Representatives Upthegrove, Rockefeller and Cooper

AN ACT Relating to civil enforcement of hydraulic projects; amending RCW 77.15.300; adding a new section to chapter 77.55 RCW; creating a new section; repealing RCW 77.55.140; and prescribing penalties.

Referred to Committee on Fisheries, Ecology & Parks.

HB 1501 by Representative Miloscia

AN ACT Relating to the taxation of direct mail; adding a new section to chapter 82.12 RCW; and providing an effective date.

Referred to Committee on Finance.

HB 1502 by Representatives Miloscia, O'Brien and Lovick

AN ACT Relating to failing to summon assistance; amending RCW 9A.76.050, 9A.76.070, and 9A.76.080; adding a new section to chapter 9A.36 RCW; creating a new section; repealing RCW 9A.76.060; and prescribing penalties.

Referred to Committee on Criminal Justice & Corrections.

HB 1503 by Representatives Miloscia, O'Brien, Haigh, Lantz, Lovick, Moeller, Upthegrove and Anderson

AN ACT Relating to performance audits of the judicial branch; and adding a new section to chapter 2.56 RCW.

Referred to Committee on Judiciary.

HB 1504 by Representatives Linville, O'Brien, Romero, Schoesler, Lovick, Cooper, Campbell, Haigh, Armstrong, Schual-Berke, Sullivan, Grant, Ericksen, Buck and Anderson

AN ACT Relating to state parks and recreation commission law enforcement officers' membership in the law enforcement officers' and fire fighters' retirement system plan 2 for periods of future service; amending RCW 41.26.030; and adding a new section to chapter 41.40 RCW.

Referred to Committee on Appropriations.

HB 1505 by Representatives Cody, Campbell, Fromhold, Romero, Schoesler, Schual-Berke, Morrell, Grant, Santos and Kenney

AN ACT Relating to participating in insurance plans and contracts by separated plan 2 members of certain retirement systems; and amending RCW 41.05.011.

Referred to Committee on Appropriations.

HB 1506 by Representatives O'Brien, Romero, Hunt, Lovick, Haigh, Conway, Armstrong, Jarrett, Lantz, Linville, Schual-Berke, Sullivan, Kenney and McDermott

AN ACT Relating to assaults on state employees; and amending RCW 9A.36.031.

Referred to Committee on Criminal Justice & Corrections.

HJR 4206 by Representatives Hudgins, Nixon, Flannigan, Pettigrew, Clibborn, Kenney, Haigh, Hinkle, Bailey, Morrell and Upthegrove

Amending the Constitution to provide for vacancies that occur after the general election.

Referred to Committee on State Government.

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

REPORTS OF STANDING COMMITTEES

January 24, 2003

HB 1019 Prime Sponsor, Representative Nixon: Protecting the identity of electronic toll payers. Reported by Committee on State Government

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; McDermott and Nixon.

Passed to Committee on Rules for second reading.

January 24, 2003

HB 1021 Prime Sponsor, Representative Nixon: Eliminating drop-in inspections of campaign accounts. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

January 24, 2003

HB 1032 Prime Sponsor, Representative Veloria: Providing an ongoing funding source for the community economic revitalization board's financial assistance programs. Reported by Committee on Trade & Economic Development

MAJORITY recommendation: Do pass. Signed by Representatives Veloria, Chairman; Eickmeyer, Vice Chairman; Skinner, Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Blake; Chase; Condotta; Kristiansen; McCoy; Pettigrew and Priest.

Referred to Committee on Appropriations.

January 24, 2003

HB 1033 Prime Sponsor, Representative Kirby: Clarifying the restrictions concerning occupational licenses. Reported by Committee on Judiciary

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; McMahan, Assistant Ranking Minority Member; Campbell; Flannigan; Kirby; Lovick and Newhouse.

MINORITY recommendation: Without recommendation. Signed by Representatives Carrell, Ranking Minority Member.

Passed to Committee on Rules for second reading.

January 24, 2003

HJM 4005 Prime Sponsor, Representative Morris: Supporting the Vancouver 2010 Olympic bid. Reported by Committee on Trade & Economic Development

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Veloria, Chairman; Eickmeyer, Vice Chairman; Skinner, Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Blake; Chase; Condotta; Kristiansen; McCoy; Pettigrew and Priest.

Passed to Committee on Rules for second reading.

There being no objection, the bills and memorial listed on the day's committee reports sheet under the fifth order of business were referred to the committees so designated.

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

There being no objection, the House adjourned until 10:00 a.m., January 29, 2003, the 17^th Day of the Regular Session.

FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk