WHEREAS, The Guru Granth Sahib, the Sikh Scripture, is a compilation of the divine revelations to the Sikh Gurus and saints of other faiths reaffirming the fundamental unity of all religions; and

             WHEREAS, The Guru Granth Sahib proclaims itself to be the sovereign Word of God, revealed to the world through the passive agency of the Sikh Gurus; and

             WHEREAS, The Guru Granth Sahib embodies the Universal message of Truth, Compassion, Peace, Equality, and Service toward all humankind; and

             WHEREAS, The fifth Guru of the Sikhs, Guru Arjan, compiled and consecrated the Sikh Scripture, giving self-definition to the Sikh community that originated in the Sikh homeland of the Punjab; and

             WHEREAS, This year marks the 400th anniversary of the first installation of the Guru Granth Sahib at the Danbar Sahib, commonly known as the Golden Temple, in Amritsar; and

             WHEREAS, Sikhs have been a part of the state of Washington since the early 1900s when the early pioneers settled in the region around Bellingham; and

             WHEREAS, Sikhs in the state of Washington are a vibrant community and contribute significantly to the economic, social, and cultural well-being of the state and its citizens;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives congratulate the Sikh community on the 400th anniversary of the installation of the Guru Granth Sahib; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Sikh Coalition.

             HOUSE RESOLUTION NO. 4709 was adopted.

INTRODUCTION & FIRST READING

ESB 6063         by Senators Horn, Haugen, Swecker, Jacobsen, Finkbeiner, Spanel and McCaslin

             AN ACT Relating to fees for vehicle-related businesses; and amending RCW 46.55.030, 46.70.061, 46.76.040, 46.76.050, 46.79.040, 46.79.050, 46.80.040, and 46.80.050.

ESB 6453         by Senators Roach, Hargrove, Hale, T. Sheldon, Schmidt, Winsley, McCaslin, Carlson, Fairley and Rasmussen; by request of Secretary of State

             AN ACT Relating to a qualifying primary; amending RCW 29A.04.085, 29A.04.127, 29A.04.310, 29A.20.020, 29A.20.120, 29A.20.140, 29A.20.150, 29A.20.160, 29A.20.170, 29A.20.180, 29A.20.190, 29A.24.030, 29A.24.080, 29A.24.090, 29A.24.100, 29A.24.110, 29A.24.140, 29A.24.150, 29A.24.160, 29A.24.170, 29A.24.180, 29A.24.190, 29A.24.310, 29A.28.040, 29A.28.060, 29A.32.030, 29A.36.010, 29A.36.070, 29A.36.100, 29A.36.170, 29A.36.200, 29A.52.010, 29A.52.110, 29A.52.230, 29A.52.320, 29A.52.350, 29A.60.020, 29A.60.220, 29A.64.010, 29A.64.020, 29A.64.040, 29A.64.060, 29A.64.080, 29A.68.010, 29A.80.010, 29A.84.260, 29A.84.310, 29A.84.710, and 42.17.020; reenacting and amending RCW 29A.32.120; adding new sections to chapter 29A.52 RCW; adding new sections to chapter 29A.04 RCW; adding new sections to chapter 29A.28 RCW; adding new sections to chapter 29A.08 RCW; adding a new section to chapter 29A.12 RCW; adding new sections to chapter 29A.20 RCW; adding new sections to chapter 29A.24 RCW; adding new sections to chapter 29A.32 RCW; adding new sections to chapter 29A.36 RCW; adding new sections to chapter 29A.40 RCW; adding new sections to chapter 29A.44 RCW; adding new sections to chapter 29A.60 RCW; adding new sections to chapter 29A.80 RCW; adding new sections to chapter 29A.64 RCW; adding a new section to chapter 29A.68 RCW; adding new sections to chapter 29A.84 RCW; creating new sections; repealing RCW 29A.04.157, 29A.20.110, 29A.20.130, 29A.20.200, 29A.24.200, 29A.24.210, 29A.28.010, 29A.28.020, 29A.36.190, 29A.52.130, 29A.04.903, 29A.04.007, 29A.04.085, 29A.04.127, 29A.04.215, 29A.04.310, 29A.04.320, 29A.04.610, 29A.12.100, 29A.20.020, 29A.20.120, 29A.20.140, 29A.20.150, 29A.20.160, 29A.20.170, 29A.20.180, 29A.20.190, 29A.24.030, 29A.24.080, 29A.24.090, 29A.24.100, 29A.24.110, 29A.24.130, 29A.24.140, 29A.24.150, 29A.24.160, 29A.24.170, 29A.24.180, 29A.24.190, 29A.24.310, 29A.28.040, 29A.28.060, 29A.28.070, 29A.32.030, 29A.32.120, 29A.32.240, 29A.36.010, 29A.36.070, 29A.36.100, 29A.36.110, 29A.36.120, 29A.36.130, 29A.36.140, 29A.36.150, 29A.36.160, 29A.36.170, 29A.36.200, 29A.40.060, 29A.40.090, 29A.44.200, 29A.44.220, 29A.44.230, 29A.52.010, 29A.52.110, 29A.52.120, 29A.52.230, 29A.52.310, 29A.52.320, 29A.52.350, 29A.60.020, 29A.60.220, 29A.64.010, 29A.64.020, 29A.64.040, 29A.64.060, 29A.64.080, 29A.68.010, 29A.80.010, 29A.80.040, 29A.80.050, 29A.80.060, 29A.84.260, 29A.84.310, and 29A.84.710; prescribing penalties; providing a contingent effective date; and declaring an emergency.

SSB 6689          by Senate Committee on Ways & Means (originally sponsored by Senators Hewitt, Prentice, McCaslin, Rasmussen, Sheahan, Parlette, Morton, T. Sheldon, Doumit, Mulliken and Hale)

             AN ACT Relating to providing financial assistance to counties; amending RCW 82.08.160; reenacting and amending RCW 43.79A.040; adding a new section to chapter 43.31 RCW; and providing an effective date.

ESB 6710         by Senators Horn, Haugen, Swecker, Spanel and Esser

             AN ACT Relating to transportation fees; amending RCW 46.16.237, 46.16.270, 46.20.117, 46.20.120, 46.20.311, 46.20.380, 46.63.110, and 46.64.025; reenacting and amending RCW 46.20.055, 46.20.070, and 46.20.308; adding a new section to chapter 46.16 RCW; creating a new section; and providing effective dates.

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

MESSAGE FROM THE SENATE

March 4, 2004

Mr. Speaker:

             The President has signed:

HOUSE BILL NO. 2418,

HOUSE BILL NO. 2419,

SUBSTITUTE HOUSE BILL NO. 2462,

HOUSE BILL NO. 2473,

SUBSTITUTE HOUSE BILL NO. 2507,

SUBSTITUTE HOUSE BILL NO. 3158,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

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

SECOND READING

             SUBSTITUTE SENATE BILL NO. 5139, By Senate Committee on Higher Education (originally sponsored by Senator Carlson)

             Concerning student preparation for college-level work.

             The bill was read the second time.

             There being no objection, the committee amendments by the Committee on Higher Education and the Committee on Appropriations were not adopted. (For committee amendment, see Journal, 47^th Day, February 27, 2004 and 50^th Day, March 1, 2004.)

             Representative Fromhold moved the adoption of amendment (1103):

              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. The legislature recognizes that state education and higher education agencies are working on initiatives to communicate with parents and students about how high school graduates should gain and maintain the reading, writing, and mathematics skills they need to start immediately in college-level work. However, the legislature finds that insufficient progress has been made in reducing the proportion of recent high school graduates who must enroll in remedial or precollege classes at Washington's public colleges and universities. More than seventeen million dollars in state and tuition resources is being spent each year to provide these students with skills they should have gained before graduating from high school. It is the intent of the legislature that state education and higher education agencies place a higher priority on their work to address the issue of remediation and take concrete steps to make measurable improvements.

              NEW SECTION. Sec. 2. (1) Within current budgets, the higher education coordinating board, the office of the superintendent of public instruction, and the state board for community and technical colleges shall convene a work group that includes representatives of the two and four-year institutions of higher education and school districts to address remediation issues. The work group shall:

              (a) Discuss standards and expectations for the knowledge and skills high school graduates need for college-level work and strategies for communicating those standards to all Washington high schools;

              (b) Identify the causes of current gaps in knowledge and skills of recent high school graduates;

              (c) Identify innovative strategies currently used by school districts and other initiatives or programs designed to provide graduates with the knowledge and skills for college-level work; and

              (d) Develop and initiate actions to address the gaps in knowledge and skills so that the need for remediation of recent high school graduates in public higher education institutions is significantly reduced.

              (2) The state education and higher education agencies shall jointly submit a report to the education and higher education committees of the legislature by December 15, 2004. The report shall summarize the findings of the work group and describe actions taken by the agencies, higher education institutions, and school districts to enhance the knowledge and skills of high school graduates. The report shall also recommend additional strategies, timelines, and measurable benchmarks for reducing remediation of recent high school graduates over the next three years."

             Representatives Fromhold and Cox 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, as amended by the House, was placed on final passage.

             Representatives Kenney, Cox, McIntire and Clements spoke in favor of passage of the bill.

MOTIONS

             On motion of Representative Clements, Representative DeBolt was excused. On motion of Representative Santos, Representatives Chopp and Edwards were excused.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5139, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5139, as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 94.

             Voting nay: Representative Kagi - 1.

             Excused: Representatives DeBolt, Edwards and Mr. Speaker - 3.

             SUBSTITUTE SENATE BILL NO. 5139, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 5436, By Senate Committee on Education (originally sponsored by Senators Kohl-Welles, Rasmussen, Jacobsen, Winsley, Thibaudeau, McAuliffe, Prentice and Kline)

             Regarding foods and beverages sold at public schools.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Education was adopted. (For committee amendment, see Journal, 47^th Day, February 27, 2004.)

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

             Representatives Cody and Tom spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5436, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5436, as amended by the House, and the bill passed the House by the following vote: Yeas - 79, Nays - 16, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Bailey, Boldt, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clibborn, Cody, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hudgins, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 79.

             Voting nay: Representatives Ahern, Armstrong, Benson, Blake, Buck, Clements, Condotta, Ericksen, Hatfield, Hinkle, Holmquist, Hunt, Kristiansen, Nixon, Schoesler and Skinner - 16.

             Excused: Representatives DeBolt, Edwards and Mr. Speaker - 3.

             SUBSTITUTE SENATE BILL NO. 5436, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SENATE BILL NO. 6091, By Senator Esser

             Ensuring deployment of personal wireless service facilities.

             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 Crouse and Morris spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6091.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 6091 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, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 95.

             Excused: Representatives DeBolt, Edwards and Mr. Speaker - 3.

             SENATE BILL NO. 6091, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6103, By Senate Committee on Commerce & Trade (originally sponsored by Senators Zarelli, Keiser, Rasmussen, Regala, Franklin, Kline, Deccio, Jacobsen and Fairley)

             Making certain types of extreme fighting illegal.

             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 Wood and Condotta spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6103.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6103 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, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 95.

             Excused: Representatives DeBolt, Edwards and Mr. Speaker - 3.

             SUBSTITUTE SENATE BILL NO. 6103, having received the necessary constitutional majority, was declared passed.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6140, By Senate Committee on Land Use & Planning (originally sponsored by Senators Morton, Fraser, Mulliken and Winsley)

             Exempting uninhabited electric utility facilities from short plats and subdivision requirements.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Technology, Telecommunications & Energy was adopted. (For committee amendment, see Journal, 47^th Day, February 27, 2004.)

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

             Representatives Crouse and Morris spoke in favor of passage of the bill.

MOTION

             On motion of Representative Clements, Representative McMorris was excused.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6140, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6140, as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 94.

             Excused: Representatives DeBolt, Edwards, McMorris and Mr. Speaker - 4.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6140, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SENATE BILL NO. 6143, By Senators Kastama, Winsley, Oke, Franklin, Rasmussen and Schmidt

             Determining eligibility for veteran's regular or special license plates.

             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 G. Simpson and Ericksen spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6143.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 6143 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 94.

             Excused: Representatives DeBolt, Edwards, McMorris, and Mr. Speaker - 4.

             SENATE BILL NO. 6143, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6148, By Senate Committee on Highways & Transportation (originally sponsored by Senators Haugen, Horn, Brandland, Esser, Oke, Eide, Winsley and Hewitt)

             Authorizing special license plates to honor law enforcement officers killed in the line of duty.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Transportation was adopted. (For committee amendment, see Journal, 50^th Day, March 1, 2004.)

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

             Representatives G. Simpson and Ericksen spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6148, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6148, as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 94.

             Excused: Representatives DeBolt, Edwards, McMorris, and Mr. Speaker - 4.

             SUBSTITUTE SENATE BILL NO. 6148, as amended by the House, having received the necessary constitutional majority, was declared passed.

             ENGROSSED SENATE BILL NO. 6188, By Senators Esser, Kline and Johnson

             Authorizing electronic notice and other communications within the Washington nonprofit corporation act.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Judiciary was adopted. (For committee amendment, see Journal, 47^th Day, February 27, 2004.)

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

             Representative Lantz spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 6188, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6188, as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 94.

             Excused: Representatives DeBolt, Edwards, McMorris, and Mr. Speaker - 4.

             ENGROSSED SENATE BILL NO. 6188, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6261, By Senate Committee on Judiciary (originally sponsored by Senators B. Sheldon, Oke and T. Sheldon)

             Modifying juror payment provisions.

             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 Lantz and Carrell spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6261.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6261 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 94.

             Excused: Representatives DeBolt, Edwards, McMorris, and Mr. Speaker - 4.

             SUBSTITUTE SENATE BILL NO. 6261, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6325, By Senate Committee on Highways & Transportation (originally sponsored by Senators Haugen and Esser)

             Adjusting provisions of the special license plate law.

             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 G. Simpson and Ericksen spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6325.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6325 and the bill passed the House by the following vote: Yeas - 74, Nays - 20, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Bailey, Blake, Buck, Cairnes, Campbell, Carrell, Chase, Clements, Clibborn, Cody, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, and Wood - 74.

             Voting nay: Representatives Alexander, Anderson, Armstrong, Benson, Boldt, Bush, Chandler, Condotta, Ericksen, Hankins, Hinkle, Holmquist, Kristiansen, Mastin, McMahan, Mielke, Orcutt, Roach, Skinner, and Woods - 20.

             Excused: Representatives DeBolt, Edwards, McMorris, and Mr. Speaker - 4.

             SUBSTITUTE SENATE BILL NO. 6325, having received the necessary constitutional majority, was declared passed.

             SENATE BILL NO. 6326, By Senators Esser, McCaslin, Oke, Roach, Eide, Kline and Rasmussen

             Defining prohibited bus conduct.

             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 G. Simpson and Ericksen spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6326.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 6326 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 94.

             Excused: Representatives DeBolt, Edwards, McMorris, and Mr. Speaker - 4.

             SENATE BILL NO. 6326, having received the necessary constitutional majority, was declared passed.

             SENATE BILL NO. 6339, By Senators Swecker and Rasmussen

             Regulating seed-related business practices.

             The bill was read the second time.

             Representative Linville moved the adoption of the following amendment (1123):

              On page 1, line 16, after "includes" insert "(a)"

              On page 1, line 18, after "livestock" strike ", and" and insert "; and (b)"

              On page 2, line 2, after "15.49 RCW" insert ", however, any disputes regarding responsibilities for seed clean out are governed exclusively by contracts between the producers of the seed and conditioners or processors of the seed"

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

              "(24) "Seed clean out" means the process of removing impurities from raw seed product."

             Representative Linville 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, as amended by the House, was placed on final passage.

             Representatives Schoesler and Linville spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6339, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 6339, as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 94.

             Excused: Representatives DeBolt, Edwards, McMorris and Mr. Speaker - 4.

             SENATE BILL NO. 6339, as amended by the House, having received the necessary constitutional majority, was declared passed.

             ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6358, By Senate Committee on Ways & Means (originally sponsored by Senators Hargrove and Stevens)

             Improving collaboration regarding offenders with treatment orders.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendment, see Journal, 50^th Day, March 1, 2004.)

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

             Representatives O'Brien and Mielke spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute Senate Bill No. 6358, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6358, as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 94.

             Excused: Representatives DeBolt, Edwards, McMorris and Mr. Speaker - 4.

             ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6358, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6402, By Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Benton, Rasmussen, Winsley, Keiser and Kohl-Welles)

             Giving landlords the flexibility to deposit landlord trust account funds in any financial institution.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Financial Institutions & Insurance was adopted. (For committee amendment, see Journal, 46^th Day, February 26, 2004.)

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

             Representatives G. Simpson and Newhouse spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6402, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6402, as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 94.

             Excused: Representatives DeBolt, Edwards, McMorris and Mr. Speaker - 4.

             SUBSTITUTE SENATE BILL NO. 6402, as amended by the House, having received the necessary constitutional majority, was declared passed.

             ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6489, By Senate Committee on Ways & Means (originally sponsored by Senators Hargrove and Stevens)

             Revising provisions relating to correctional industries.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendment, see Journal, 50^th Day, March 1, 2004.)

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

             Representatives O'Brien and Ahern spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute Senate Bill No. 6489, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6489, as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 94.

             Excused: Representatives DeBolt, Edwards, McMorris and Mr. Speaker - 4.

             ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6489, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6501, By Senate Committee on Higher Education (originally sponsored by Senators Carlson, Kohl-Welles, Pflug, Jacobsen, Schmidt, Rasmussen, Shin, Winsley and McAuliffe; by request of State Board for Community and Technical Colleges)

             Regarding instructional materials for students with disabilities at public and private institutions of higher education.

             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 Kenney and Cox spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6501.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6501 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods - 94.

             Excused: Representatives DeBolt, Edwards, McMorris and Mr. Speaker - 4.

             SUBSTITUTE SENATE BILL NO. 6501, having received the necessary constitutional majority, was declared passed.

             There being no objection, the House reconsidered the vote by which SUBSTITUTE SENATE BILL NO. 6501 was passed.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6501 on reconsideration.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6501 on reconsideration, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.

             Excused: Representatives Edwards and McMorris - 2.

             SUBSTITUTE SENATE BILL NO. 6501, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6575, By Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Honeyford and Sheahan)

             Concerning use classifications for irrigation district conveyance and drainage facilities.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Agriculture & Natural Resources was adopted. (For committee amendment, see Journal, 47^th Day, February 27, 2004.)

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

             Representatives Linville, Schoesler and Rockefeller spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6575, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6575, as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.

             Excused: Representatives Edwards and McMorris - 2.

             SUBSTITUTE SENATE BILL NO. 6575, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6581, By Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senator Hargrove)

             Funding forest fire protection.

             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 Schoesler and Rockefeller spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6581.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6581 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.

             Excused: Representatives Edwards and McMorris - 2.

             SUBSTITUTE SENATE BILL NO. 6581, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6601, By Senate Committee on Judiciary (originally sponsored by Senators Brandland, T. Sheldon, Stevens, Roach, Murray and Oke)

             Limiting obesity lawsuits.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Judiciary was before the House for purpose of amendment. (For committee amendment, see Journal, 47^th Day, February 27, 2004.)

             Representative Flannigan moved the adoption of amendment (1120) to the committee amendment:

              On page 1, beginning on line 3 of the amendment, strike all material through "act." on line 20 and insert the following:

              ""NEW SECTION. Sec. 1. A new section is added to chapter 7.72 RCW to read as follows:

              (1) Any manufacturer, packer, distributor, carrier, holder, marketer, or seller of a food or nonalcoholic beverage intended for human consumption, or an association of one or more such entities, shall not be subject to civil liability in an action brought by a private party based on an individual's purchase or consumption of food or nonalcoholic beverages in cases where liability is premised upon the individual's weight gain, obesity, or a health condition associated with the individual's weight gain or obesity and resulting from the individual's long-term purchase or consumption of a food or nonalcoholic beverage.

              (2) For the purposes of this section, the term "long-term consumption" means the cumulative effect of the consumption of food or nonalcoholic beverages, and not the effect of a single instance of consumption.

              NEW SECTION. Sec. 2. This act may be cited as the commonsense consumption act."

             Representatives Flannigan and Carrell spoke in favor of the adoption of the amendment to the committee amendment.

             The amendment to the committee amendment was adopted.

             The committee amendment as amended was adopted.

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

             Representatives Lantz, Carrell, Mastin, Rockefeller, Armstrong and Flannigan spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6601, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6601, as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Voting nay: Representative Dunshee - 1.

             Excused: Representatives Edwards and McMorris - 2.

             SUBSTITUTE SENATE BILL NO. 6601, as amended by the House, having received the necessary constitutional majority, was declared passed.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6642, By Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Stevens, Hargrove, Schmidt, Carlson, Mulliken, Hewitt, Roach and McAuliffe)

             Ordering case conferences following shelter care hearings.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendment, see Journal, 50^th Day, March 1, 2004.)

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

             Representatives Kagi and Boldt spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6642, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6642, as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.

             Excused: Representatives Edwards and McMorris - 2.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6642, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6655, By Senate Committee on Commerce & Trade (originally sponsored by Senators Hewitt, Keiser and Rasmussen)

             Regulating authorized representatives of beer and wine manufacturers and distributors.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Commerce & Labor was adopted. (For committee amendment, see Journal, 47^th Day, February 27, 2004.)

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

             Representatives Wood and Condotta spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6655, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6655, as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.

             Excused: Representatives Edwards and McMorris - 2.

             SUBSTITUTE SENATE BILL NO. 6655, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6688, By Senate Committee on Highways & Transportation (originally sponsored by Senators Haugen, Benton, B. Sheldon, T. Sheldon, Rasmussen and Shin)

             Authorizing a special "Helping Kids Speak" license plate.

             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 G. Simpson and Ericksen spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6688.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6688 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.

             Excused: Representatives Edwards and McMorris - 2.

             SUBSTITUTE SENATE BILL NO. 6688, having received the necessary constitutional majority, was declared passed.

             ENGROSSED SENATE BILL NO. 5083, By Senators Stevens, Benton, Mulliken, Roach, Oke, Esser, Swecker and T. Sheldon

             Recognizing concealed weapon licenses issued by states that recognize Washington's concealed pistol license.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Judiciary was adopted. (For committee amendment, see Journal, 47^th Day, February 27, 2004.)

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

             Representatives Lantz and Carrell spoke in favor of passage of the bill.

MOTION

             On motion of Representative Santos, Representative Ruderman was excused.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5083, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5083, as amended by the House, and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 93.

             Voting nay: Representatives Kagi and McDermott - 2.

             Excused: Representatives Edwards, McMorris and Ruderman - 3.

             ENGROSSED SENATE BILL NO. 5083, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SENATE BILL NO. 6237, By Senators Hewitt, Haugen, Mulliken, Rasmussen and Parlette

             Providing nonagricultural commercial and retail uses that support and sustain agricultural operations on designated agricultural lands of long-term significance.

             The bill was read the second time.

             With the consent of the House, amendment (1119) was withdrawn.

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

             Representatives Romero, Shabro and Alexander spoke in favor of passage of the bill.

COLLOQUY

             Representative Jarrett: "Concerns have been raised by interested and affected parties about a recent Growth Management Hearing Board decision that affects agricultural land designation. Is it your belief that the passage of SSB 6488 - the agricultural study bill - yesterday by the House will provide an opportunity for those parties to discuss the concerns about the case?"

             Representative Romero: "Yes. The bill asks CTED to study the designation process in four counties – Lewis County being one of those counties – provides the opportunity. It is also my hope that the Growth Management Work group will be a venue to work out an agreed to solution and a recommendation to bring back to the Legislature. I have been impressed with the progress of the work group and I also understand they were not able to reach an agreement on some issues. I hope they will continue to work on those issues also."

             Representative Jarrett: "My last question is about agency rules or procedural criteria affecting the GMA. Do you think the cities and counties might benefit from the development and adoption of formal rules guiding their GMA actions instead of procedural criteria while they are defending their decisions before Growth Boards?"

             Representative Romero: "I think it is an issue that should be further explored. It has been brought to my attention by several public and private land use planners and attorneys that the lack of formal rules might be a problem for cities and counties in defending their decisions. I would also hope the work group makes another attempt at trying to reach an agreement on this issue."

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6237.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 6237 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, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, McMorris and Ruderman - 3.

             SENATE BILL NO. 6237, having received the necessary constitutional majority, was declared passed.

             SENATE BILL NO. 6357, By Senators Johnson, Keiser, Esser, Eide, Prentice, McCaslin, Rasmussen, Winsley and Oke

             Modifying criminal trespass law.

             The bill was read the second time.

             With the consent of the House, amendment (1108) was withdrawn.

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

             Representatives Lantz and Carrell spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6357.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 6357 and the bill passed the House by the following vote: Yeas - 89, Nays - 6, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Ericksen, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 89.

             Voting nay: Representatives Conway, Cooper, Eickmeyer, Flannigan, Hunt, and Mielke - 6.

             Excused: Representatives Edwards, McMorris and Ruderman - 3.

             SENATE BILL NO. 6357, having received the necessary constitutional majority, was declared passed.

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

REPORTS OF STANDING COMMITTEES

March 4, 2004

HB 1322           Prime Sponsor, Representative G. Simpson: Exempting from taxation certain property belonging to any federally recognized Indian tribe located in the state. Reported by Committee on Finance

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives McIntire, Chairman; Hunter, Vice Chairman; Cairnes, Ranking Minority Member; Ahern; Conway; Morris; Roach and Santos.

MINORITY recommendation: Do not pass. Signed by Representatives Orcutt, Assistant Ranking Minority Member.

             Passed to Committee on Rules for second reading.

March 4, 2004

2SSB 6304        Prime Sponsor, Senate Committee on Ways & Means: Providing tax relief for aluminum smelters. Reported by Committee on Finance

MAJORITY recommendation: Do pass as amended.

              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. The legislature recognizes that the loss of domestic manufacturing jobs has become a national concern. Washington state has lost one out of every six manufacturing jobs since July 2000. The aluminum industry has long been an important component of Washington state's manufacturing base, providing family-wage jobs often in rural communities where unemployment rates are very high. The aluminum industry is electricity intensive and was greatly affected by the dramatic increase in electricity prices which began in 2000 and which continues to affect the Washington economy. Before the energy crisis, aluminum smelters provided about 5,000 direct jobs. Today they provide fewer than 1,000 direct jobs. For every job lost in that industry, almost three additional jobs are estimated to be lost elsewhere in the state's economy. It is the legislature's intent to preserve and restore family wage jobs by providing tax relief to the state's aluminum industry.

              The electric loads of aluminum smelters provide a unique benefit to the infrastructure of the electric power system. Under the transmission tariff of the Bonneville Power Administration, aluminum smelter loads, whether served with federal or nonfederal power, are subject to short-term interruptions that allow a higher import capability on the transmission interconnection between the northwest and California. These stability reserves allow more power to be imported in winter months, reducing the need for additional generation in the northwest, and would be used to prevent a widespread transmission collapse and blackout if there were a failure in the transmission interconnection between California and the northwest. It is the legislature's intent to retain these benefits for the people of the state.

              NEW SECTION. Sec. 2. A new section is added to chapter 82.04 RCW, to be codified between RCW 82.04.020 and 82.04.220, to read as follows:

              (1) "Direct service industrial customer" means the same as in RCW 82.16.0495.

              (2) "Aluminum smelter" means the manufacturing facility of any direct service industrial customer that processes alumina into aluminum.

              NEW SECTION. Sec. 3. A new section is added to chapter 82.04 RCW to read as follows:

              (1) Upon every person who is an aluminum smelter engaging within this state in the business of manufacturing aluminum; as to such persons the amount of tax with respect to such business shall, in the case of manufacturers, be equal to the value of the product manufactured, or in the case of processors for hire, be equal to the gross income of the business, multiplied by the rate of .2904 percent.

              (2) Upon every person who is an aluminum smelter engaging within this state in the business of making sales at wholesale of aluminum manufactured by that person, as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the aluminum multiplied by the rate of .2904 percent.

              (3) This section expires January 1, 2007.

              Sec. 4. RCW 82.04.240 and 1998 c 312 s 3 are each amended to read as follows:

              Upon every person ((except persons taxable under RCW 82.04.260 (1), (2), (4), (5), or (6))) engaging within this state in business as a manufacturer, except persons taxable as manufacturers under other provisions of this chapter; as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including byproducts, manufactured, multiplied by the rate of 0.484 percent.

              The measure of the tax is the value of the products, including byproducts, so manufactured regardless of the place of sale or the fact that deliveries may be made to points outside the state.

              Sec. 5. RCW 82.04.270 and 2003 2nd sp.s. c 1 s 5 are each amended to read as follows:

              Upon every person ((except persons taxable under RCW 82.04.260 (5) or (13), 82.04.298, or 82.04.272)) engaging within this state in the business of making sales at wholesale, except persons taxable as wholesalers under other provisions of this chapter; as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of such business multiplied by the rate of 0.484 percent.

              Sec. 6. RCW 82.04.280 and 1998 c 343 s 3 are each amended to read as follows:

              Upon every person engaging within this state in the business of: (1) Printing, and of publishing newspapers, periodicals, or magazines; (2) building, repairing or improving any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state or by the United States and which is used or to be used, primarily for foot or vehicular traffic including mass transportation vehicles of any kind and including any readjustment, reconstruction or relocation of the facilities of any public, private or cooperatively owned utility or railroad in the course of such building, repairing or improving, the cost of which readjustment, reconstruction, or relocation, is the responsibility of the public authority whose street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle is being built, repaired or improved; (3) extracting for hire or processing for hire, except persons taxable as processors for hire under another section of this chapter; (4) operating a cold storage warehouse or storage warehouse, but not including the rental of cold storage lockers; (5) representing and performing services for fire or casualty insurance companies as an independent resident managing general agent licensed under the provisions of RCW 48.05.310; (6) radio and television broadcasting, excluding network, national and regional advertising computed as a standard deduction based on the national average thereof as annually reported by the Federal Communications Commission, or in lieu thereof by itemization by the individual broadcasting station, and excluding that portion of revenue represented by the out-of-state audience computed as a ratio to the station's total audience as measured by the 100 micro-volt signal strength and delivery by wire, if any; (7) engaging in activities which bring a person within the definition of consumer contained in RCW 82.04.190(6); as to such persons, the amount of tax on such business shall be equal to the gross income of the business multiplied by the rate of 0.484 percent.

              As used in this section, "cold storage warehouse" means a storage warehouse used to store fresh and/or frozen perishable fruits or vegetables, meat, seafood, dairy products, or fowl, or any combination thereof, at a desired temperature to maintain the quality of the product for orderly marketing.

              As used in this section, "storage warehouse" means a building or structure, or any part thereof, in which goods, wares, or merchandise are received for storage for compensation, except field warehouses, fruit warehouses, fruit packing plants, warehouses licensed under chapter 22.09 RCW, public garages storing automobiles, railroad freight sheds, docks and wharves, and "self-storage" or "mini storage" facilities whereby customers have direct access to individual storage areas by separate entrance. "Storage warehouse" does not include a building or structure, or that part of such building or structure, in which an activity taxable under RCW 82.04.272 is conducted.

              As used in this section, "periodical or magazine" means a printed publication, other than a newspaper, issued regularly at stated intervals at least once every three months, including any supplement or special edition of the publication.

              Sec. 7. RCW 82.04.440 and 2003 2nd sp.s. c 1 s 6 are each amended to read as follows:

              (1) Every person engaged in activities which are within the purview of the provisions of two or more of sections RCW 82.04.230 to 82.04.290, inclusive, shall be taxable under each paragraph applicable to the activities engaged in.

              (2) Persons taxable under section 3(2) of this act, RCW 82.04.250, 82.04.270, or 82.04.260 (4) or (13) with respect to selling products in this state shall be allowed a credit against those taxes for any (a) manufacturing taxes paid with respect to the manufacturing of products so sold in this state, and/or (b) extracting taxes paid with respect to the extracting of products so sold in this state or ingredients of products so sold in this state. Extracting taxes taken as credit under subsection (3) of this section may also be taken under this subsection, if otherwise allowable under this subsection. The amount of the credit shall not exceed the tax liability arising under this chapter with respect to the sale of those products.

              (3) Persons taxable under RCW 82.04.240 or 82.04.260(1)(b) shall be allowed a credit against those taxes for any extracting taxes paid with respect to extracting the ingredients of the products so manufactured in this state. The amount of the credit shall not exceed the tax liability arising under this chapter with respect to the manufacturing of those products.

              (4) Persons taxable under RCW 82.04.230, 82.04.240, section 3(1) of this act, or 82.04.260 (1), (2), (4), (6), or (13) with respect to extracting or manufacturing products in this state shall be allowed a credit against those taxes for any (i) gross receipts taxes paid to another state with respect to the sales of the products so extracted or manufactured in this state, (ii) manufacturing taxes paid with respect to the manufacturing of products using ingredients so extracted in this state, or (iii) manufacturing taxes paid with respect to manufacturing activities completed in another state for products so manufactured in this state. The amount of the credit shall not exceed the tax liability arising under this chapter with respect to the extraction or manufacturing of those products.

              (5) For the purpose of this section:

              (a) "Gross receipts tax" means a tax:

              (i) Which is imposed on or measured by the gross volume of business, in terms of gross receipts or in other terms, and in the determination of which the deductions allowed would not constitute the tax an income tax or value added tax; and

              (ii) Which is also not, pursuant to law or custom, separately stated from the sales price.

              (b) "State" means (i) the state of Washington, (ii) a state of the United States other than Washington, or any political subdivision of such other state, (iii) the District of Columbia, and (iv) any foreign country or political subdivision thereof.

              (c) "Manufacturing tax" means a gross receipts tax imposed on the act or privilege of engaging in business as a manufacturer, and includes (i) the taxes imposed in RCW 82.04.240, section 3(1) of this act, and 82.04.260 (1), (2), (4), and (13), and (ii) similar gross receipts taxes paid to other states.

              (d) "Extracting tax" means a gross receipts tax imposed on the act or privilege of engaging in business as an extractor, and includes the tax imposed in RCW 82.04.230 and similar gross receipts taxes paid to other states.

              (e) "Business", "manufacturer", "extractor", and other terms used in this section have the meanings given in RCW 82.04.020 through 82.04.212, notwithstanding the use of those terms in the context of describing taxes imposed by other states.

              NEW SECTION. Sec. 8. A new section is added to chapter 82.04 RCW to read as follows:

              (1) In computing the tax imposed under this chapter, a credit is allowed for all property taxes paid during the calendar year on property owned by a direct service industrial customer and reasonably necessary for the purposes of an aluminum smelter.

              (2) A person taking the credit under this section is subject to all the requirements of chapter 82.32 RCW. A credit earned during one calendar year may be carried over to be credited against taxes incurred in the subsequent calendar year, but may not be carried over a second year. Credits carried over must be applied to tax liability before new credits. No refunds may be granted for credits under this section.

              (3) Credits may not be claimed under this section for property taxes levied for collection in 2007 and thereafter.

              NEW SECTION. Sec. 9. A new section is added to chapter 82.04 RCW to read as follows:

              (1) A person who is subject to tax under this chapter on gross income from sales of electricity, natural gas, or manufactured gas made to an aluminum smelter is eligible for an exemption from the tax in the form of a credit, if the contract for sale of electricity or gas to the aluminum smelter specifies that the price charged for the electricity or gas will be reduced by an amount equal to the credit.

              (2) The credit is equal to the gross income from the sale of the electricity or gas to an aluminum smelter multiplied by the corresponding rate in effect at the time of the sale under this chapter.

              (3) The exemption provided for in this section does not apply to amounts received from the remarketing or resale of electricity originally obtained by contract for the smelting process.

              (4) Credits may not be claimed under this section for taxable activity occurring on or after July 1, 2011.

              NEW SECTION. Sec. 10. A new section is added to chapter 82.08 RCW to read as follows:

              (1) A person who has paid tax under RCW 82.08.020 for tangible personal property used at an aluminum smelter, tangible personal property that will be incorporated as an ingredient or component of buildings or other structures at an aluminum smelter, or for labor and services rendered with respect to such buildings, structures, or tangible personal property, is eligible for an exemption from the state share of the tax in the form of a credit, as provided in this section. A person claiming an exemption must pay the tax and may then take a credit equal to the state share of retail sales tax paid under RCW 82.08.020. The person shall submit information, in a form and manner prescribed by the department, specifying the amount of qualifying purchases or acquisitions for which the exemption is claimed and the amount of exempted tax.

              (2) For the purposes of this section, "aluminum smelter" has the same meaning as provided in section 2 of this act.

              (3) Credits may not be claimed under this section for taxable events occurring on or after January 1, 2007.

              NEW SECTION. Sec. 11. A new section is added to chapter 82.12 RCW to read as follows:

              (1) A person who is subject to tax under RCW 82.12.020 for tangible personal property used at an aluminum smelter, or for tangible personal property that will be incorporated as an ingredient or component of buildings or other structures at an aluminum smelter, or for labor and services rendered with respect to such buildings, structures, or tangible personal property, is eligible for an exemption from the state share of the tax in the form of a credit, as provided in this section. The amount of the credit shall be equal to the state share of use tax computed to be due under RCW 82.12.020. The person shall submit information, in a form and manner prescribed by the department, specifying the amount of qualifying purchases or acquisitions for which the exemption is claimed and the amount of exempted tax.

              (2) For the purposes of this section, "aluminum smelter" has the same meaning as provided in section 2 of this act.

              (3) Credits may not be claimed under this section for taxable events occurring on or after January 1, 2007.

              Sec. 12. RCW 82.12.022 and 1994 c 124 s 9 are each amended to read as follows:

              (1) There is hereby levied and there shall be collected from every person in this state a use tax for the privilege of using natural gas or manufactured gas within this state as a consumer.

              (2) The tax shall be levied and collected in an amount equal to the value of the article used by the taxpayer multiplied by the rate in effect for the public utility tax on gas distribution businesses under RCW 82.16.020. The "value of the article used" does not include any amounts that are paid for the hire or use of a gas distribution business as defined in RCW 82.16.010(7) in transporting the gas subject to tax under this subsection if those amounts are subject to tax under that chapter.

              (3) The tax levied in this section shall not apply to the use of natural or manufactured gas delivered to the consumer by other means than through a pipeline.

              (4) The tax levied in this section shall not apply to the use of natural or manufactured gas if the person who sold the gas to the consumer has paid a tax under RCW 82.16.020 with respect to the gas for which exemption is sought under this subsection.

              (5) The tax levied in this section shall not apply to the use of natural or manufactured gas by an aluminum smelter as that term is defined in section 2 of this act before January 1, 2007.

              (6) There shall be a credit against the tax levied under this section in an amount equal to any tax paid by:

              (a) The person who sold the gas to the consumer when that tax is a gross receipts tax similar to that imposed pursuant to RCW 82.16.020 by another state with respect to the gas for which a credit is sought under this subsection; or

              (b) The person consuming the gas upon which a use tax similar to the tax imposed by this section was paid to another state with respect to the gas for which a credit is sought under this subsection.

              (((6))) (7) The use tax hereby imposed shall be paid by the consumer to the department.

              (((7))) (8) There is imposed a reporting requirement on the person who delivered the gas to the consumer to make a quarterly report to the department. Such report shall contain the volume of gas delivered, name of the consumer to whom delivered, and such other information as the department shall require by rule.

              (((8))) (9) The department may adopt rules under chapter 34.05 RCW for the administration and enforcement of sections 1 through 6, chapter 384, Laws of 1989.

              NEW SECTION. Sec. 13. A new section is added to chapter 82.16 RCW to read as follows:

              (1) A person who is subject to tax under this chapter on gross income from sales of electricity, natural gas, or manufactured gas made to an aluminum smelter is eligible for an exemption from the tax in the form of a credit, if the contract for sale of electricity or gas to the aluminum smelter specifies that the price charged for the electricity or gas will be reduced by an amount equal to the credit.

              (2) The credit is equal to the gross income from the sale of the electricity or gas to an aluminum smelter multiplied by the corresponding rate in effect at the time of the sale for the public utility tax under RCW 82.16.020.

              (3) The exemption provided for in this section does not apply to amounts received from the remarketing or resale of electricity originally obtained by contract for the smelting process.

              (4) For the purposes of this section, "aluminum smelter" has the same meaning as provided in section 2 of this act.

              (5) Credits may not be claimed under this section for taxable activity occurring on or after July 1, 2011.

              NEW SECTION. Sec. 14. A new section is added to chapter 82.32 RCW to read as follows:

              (1) For the purposes of this section, "smelter tax incentive" means the preferential tax rate under section 3 of this act, or an exemption or credit under section 8, 10, or 11 of this act or RCW 82.12.022(5).

              (2) The legislature finds that accountability and effectiveness are important aspects of setting tax policy. In order to make policy choices regarding the best use of limited state resources the legislature needs information to evaluate whether the stated goals of legislation were achieved.

              (3) The goals of the smelter tax incentives are to retain family wage jobs in rural areas by:

              (a) Enabling the aluminum industry to maintain production of aluminum at a level that will preserve at least 75 percent of the jobs that were on the payroll effective January 1, 2004, as adjusted for employment reductions publicly announced before November 30, 2003; and

              (b) Allowing the aluminum industry to continue producing aluminum in this state through 2006 so that the industry will be positioned to preserve and create new jobs when the anticipated reduction of energy costs occurs.

              (4)(a) An aluminum smelter receiving the benefit of a smelter tax incentive shall make an annual report to the department detailing employment, wages, and employer-provided health and retirement benefits per job at the manufacturing site. The report is due by March 31st following any year in which a tax incentive is claimed or used. The report shall not include names of employees. The report shall detail employment by the total number of full-time, part-time, and temporary positions. The report shall indicate the quantity of aluminum smelted at the plant during the time period covered by the report. The first report filed under this subsection shall include employment, wage, and benefit information for the twelve-month period immediately before first use of a tax incentive. Employment reports shall include data for actual levels of employment and identification of the number of jobs affected by any employment reductions that have been publicly announced at the time of the report. Information in a report under this section is not subject to the confidentiality provisions of RCW 82.32.330 and may be disclosed to the public upon request.

              (b) If a person fails to submit an annual report under (a) of this subsection by the due date of the report, the department shall declare the amount of taxes exempted or credited, or reduced in the case of the preferential business and occupation tax rate, for that year to be immediately due and payable. Excise taxes payable under this subsection are subject to interest but not penalties, as provided under this chapter. This information is not subject to the confidentiality provisions of RCW 82.32.330 and may be disclosed to the public upon request.

              (5) By December 1, 2005, and by December 1, 2006, the fiscal committees of the house of representatives and the senate, in consultation with the department, shall report to the legislature on the effectiveness of the smelter tax incentives and, by December 1, 2010, on the effectiveness of the incentives under sections 9 and 13 of this act. The reports shall measure the effect of the tax incentives on job retention for Washington residents and any other factors the committees may select.

              NEW SECTION. Sec. 15. This act takes effect July 1, 2004."

Signed by Representatives McIntire, Chairman; Hunter, Vice Chairman; Orcutt, Assistant Ranking Minority Member; Ahern; Conway; Morris and Santos.

MINORITY recommendation: Without recommendation. Signed by Representatives Cairnes, Ranking Minority Member; Roach.

             Passed to Committee on Rules for second reading.

             There being no objection, HOUSE BILL NO. 1322 was placed on the second reading calendar.

             There being no objection, SECOND SUBSTITUTE SENATE BILL NO. 6304 was placed on the second reading calendar.

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

SECOND READING

             SUBSTITUTE SENATE BILL NO. 5732, By Senate Committee on Health & Long-Term Care (originally sponsored by Senators Deccio, Rasmussen, Brandland and Winsley)

             Revising provisions for long-term care service options.

             The bill was read the second time.

             Representative Cody moved the adoption of the following amendment (1131):

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

              "Sec. 2. RCW 74.09.520 and 2003 c 279 s 1 are each amended to read as follows:

              (1) The term "medical assistance" may include the following care and services: (a) Inpatient hospital services; (b) outpatient hospital services; (c) other laboratory and x-ray services; (d) nursing facility services; (e) physicians' services, which shall include prescribed medication and instruction on birth control devices; (f) medical care, or any other type of remedial care as may be established by the secretary; (g) home health care services; (h) private duty nursing services; (i) dental services; (j) physical and occupational therapy and related services; (k) prescribed drugs, dentures, and prosthetic devices; and eyeglasses prescribed by a physician skilled in diseases of the eye or by an optometrist, whichever the individual may select; (l) personal care services, as provided in this section; (m) hospice services; (n) other diagnostic, screening, preventive, and rehabilitative services; and (o) like services when furnished to a child by a school district in a manner consistent with the requirements of this chapter. For the purposes of this section, the department may not cut off any prescription medications, oxygen supplies, respiratory services, or other life-sustaining medical services or supplies.

              "Medical assistance," notwithstanding any other provision of law, shall not include routine foot care, or dental services delivered by any health care provider, that are not mandated by Title XIX of the social security act unless there is a specific appropriation for these services.

              (2) The department shall amend the state plan for medical assistance under Title XIX of the federal social security act to include personal care services, as defined in 42 C.F.R. 440.170(f), in the categorically needy program.

              (3) The department shall adopt, amend, or rescind such administrative rules as are necessary to ensure that Title XIX personal care services are provided to eligible persons in conformance with federal regulations.

              (a) These administrative rules shall include financial eligibility indexed according to the requirements of the social security act providing for medicaid eligibility.

              (b) The rules shall require clients be assessed as having a medical condition requiring assistance with personal care tasks. Plans of care for clients requiring health-related consultation for assessment and service planning may be reviewed by a nurse.

              (c) The department shall determine by rule which clients have a health-related assessment or service planning need requiring registered nurse consultation or review. This definition may include clients that meet indicators or protocols for review, consultation, or visit.

              (4) The department shall design and implement a means to assess the level of functional disability of persons eligible for personal care services under this section. The personal care services benefit shall be provided to the extent funding is available according to the assessed level of functional disability. Any reductions in services made necessary for funding reasons should be accomplished in a manner that assures that priority for maintaining services is given to persons with the greatest need as determined by the assessment of functional disability.

              (5) Effective July 1, 1989, the department shall offer hospice services in accordance with available funds.

              (6) For Title XIX personal care services administered by aging and ((adult)) disability services administration of the department, the department shall contract with area agencies on aging:

              (a) To provide case management services to individuals receiving Title XIX personal care services in their own home; and

              (b) To reassess and reauthorize Title XIX personal care services or other home and community services as defined in RCW 74.39A.009 in home or in other settings for individuals consistent with the intent of this section:

              (i) Who have been initially authorized by the department to receive Title XIX personal care services or other home and community services as defined in RCW 74.39A.009; and

              (ii) Who, at the time of reassessment and reauthorization, are receiving such services in their own home.

              (7) In the event that an area agency on aging is unwilling to enter into or satisfactorily fulfill a contract ((to provide these services)) or an individual consumer's need for case management services will be met through an alternative delivery system, the department is authorized to:

              (a) Obtain the services through competitive bid; and

              (b) Provide the services directly until a qualified contractor can be found.

              Sec. 3. RCW 74.39A.090 and 1999 c 175 s 2 are each amended to read as follows:

              (1) The legislature intends that any staff reassigned by the department as a result of shifting of the reauthorization responsibilities by contract outlined in this section shall be dedicated for discharge planning and assisting with discharge planning and information on existing discharge planning cases. Discharge planning, as directed in this section, is intended for residents and patients identified for discharge to long-term care pursuant to RCW 70.41.320, 74.39A.040, and 74.42.058. The purpose of discharge planning is to protect residents and patients from the financial incentives inherent in keeping residents or patients in a more expensive higher level of care and shall focus on care options that are in the best interest of the patient or resident.

              (2) The department shall contract with area agencies on aging:

              (a) To provide case management services to consumers receiving home and community services in their own home; and

              (b) To reassess and reauthorize home and community services in home or in other settings for consumers consistent with the intent of this section:

              (i) Who have been initially authorized by the department to receive home and community services; and

              (ii) Who, at the time of reassessment and reauthorization, are receiving home and community services in their own home.

              (3) In the event that an area agency on aging is unwilling to enter into or satisfactorily fulfill a contract ((to provide these services)) or an individual consumer's need for case management services will be met through an alternative delivery system, the department is authorized to:

              (a) Obtain the services through competitive bid; and

              (b) Provide the services directly until a qualified contractor can be found.

              (4) The department shall include, in its oversight and monitoring of area agency on aging performance, assessment of case management roles undertaken by area agencies on aging in this section. The scope of oversight and monitoring ((must be expanded to)) includes, but is not limited to, assessing the degree and quality of the case management performed by area agency on aging staff for elderly and disabled persons in the community.

              (5) Area agencies on aging shall assess the quality of the in-home care services provided to consumers who are receiving services under the medicaid personal care, community options programs entry system or chore services program through an individual provider or home care agency. Quality indicators may include, but are not limited to, home care consumers satisfaction surveys, how quickly home care consumers are linked with home care workers, and whether the plan of care under RCW 74.39A.095 has been honored by the agency or the individual provider.

              (6) The department shall develop model language for the plan of care established in RCW 74.39A.095. The plan of care shall be in clear language, and written at a reading level that will ensure the ability of consumers to understand the rights and responsibilities expressed in the plan of care."

              Correct the title.

             Representative Cody 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, as amended by the House, was placed on final passage.

             Representatives Lantz and Cody spoke in favor of passage of the bill.

MOTION

             On motion of Representative Clements, Representatives Roach and Mastin were excused.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5732, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5732, 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 Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, Mastin and Roach - 3.

             SUBSTITUTE SENATE BILL NO. 5732, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6146, By Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Fraser, Morton, Esser, Eide, Winsley, Kohl-Welles, Keiser and Kline)

             Encouraging renewable energy and energy efficiency businesses in Washington.

             The bill was read the second time.

             With the consent of the House, amendments (1110), (1109) and (1112) were withdrawn.

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

             Representatives Morris and Tom spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6146.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6146 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, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, Mastin and Roach - 3.

             SUBSTITUTE SENATE BILL NO. 6146, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6560, By Senate Committee on Parks, Fish & Wildlife (originally sponsored by Senators Oke, Fraser, Swecker, Kline, Kohl-Welles, Jacobsen, Thibaudeau, Fairley and Winsley)

             Concerning animal cruelty.

             The bill was read the second time.

             Representative Sump moved the adoption of the following amendment (1083):

              On page 1, beginning on line 4, strike all of section 1 and insert the following:

              "NEW SECTION. Sec. 1. A new section is added to chapter 16.52 RCW to read as follows:

              (1) A person is guilty of the unlawful use of a hook if the person utilizes, or attempts to use, a hook with the intent to pierce the flesh or mouth of a bird or mammal.

              (2) Unlawful use of a hook is a gross misdemeanor."

              Correct the title.

             Representatives Sump and Cooper 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, as amended by the House, was placed on final passage.

             Representatives Lantz and Carrell spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6560, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6560, 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 Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, Mastin, and Roach - 3.

             SUBSTITUTE SENATE BILL NO. 6560, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SENATE BILL NO. 6614, By Senators Poulsen, Murray, Hewitt, Sheahan and Brown

             Removing the damages floor for unauthorized impounds.

             The bill was read the second time.

             Representative Cairnes moved the adoption of the following amendment (1139):

              On page 7, after line 32, insert the following:

              "Sec. 2. RCW 46.12.151 and 1990 c 250 s 30 are each amended to read as follows:

              If the department is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the department may register the vehicle but shall either:

              (1) Withhold issuance of a certificate of ownership for a period of three years or until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it; or

              (2) As a condition of issuing a certificate of ownership, require the applicant to file with the department a bond for a period of three years in the form prescribed by the department and executed by the applicant. The bond shall be in an amount equal to one and one-half times the value of the vehicle as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney's fees, by reason of the issuance of the certificate of ownership of the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. At the end of three years or prior thereto if the vehicle is no longer registered in this state or when satisfactory evidence of ownership is surrendered to the department, the owner may apply to the department for a replacement certificate of ownership without reference to the bond.

              (3) Subsections (1) and (2) of this section do not apply to a vehicle whose fair market value as determined by the department is less than five hundred dollars. For vehicles with a fair market value of less than five hundred dollars the department shall withhold issuance of a certificate of ownership for a period of ninety days or until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it."

              Correct the title.

             Representatives Cairnes and G. Simpson 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, as amended by the House, was placed on final passage.

             Representatives G. Simpson and Cairnes spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6614, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 6614, as amended by the House, and the bill passed the House by the following vote: Yeas - 92, Nays - 3, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 92.

             Voting nay: Representatives Dunshee, Hudgins and Nixon - 3.

             Excused: Representatives Edwards, Mastin and Roach - 3.

             SENATE BILL NO. 6614, as amended by the House, having received the necessary constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

February 25, 2004

Mr. Speaker:

             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2933, with the following amendment:

              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 74.39A.270 and 2002 c 3 s 6 are each amended to read as follows:

              (1) Solely for the purposes of collective bargaining and as expressly limited under subsections (2) and (3) of this section, the ((authority)) governor is the public employer, as defined in chapter 41.56 RCW, of individual providers, who, solely for the purposes of collective bargaining, are public employees((,)) as defined in chapter 41.56 RCW((, of the authority)). To accommodate the role of the state as payor for the community-based services provided under this chapter and to ensure coordination with state employee collective bargaining under chapter 41.80 RCW and the coordination necessary to implement RCW 74.39A.300, the public employer shall be represented for bargaining purposes by the governor or the governor's designee appointed under chapter 41.80 RCW. The governor or governor's designee shall periodically consult with the authority during the collective bargaining process to allow the authority to communicate issues relating to the long-term in-home care services received by consumers.

              (2) Chapter 41.56 RCW governs the ((employment)) collective bargaining relationship between the ((authority)) governor and individual providers, except as otherwise expressly provided in this chapter ((3, Laws of 2002)) and except as follows:

              (a) The only unit appropriate for the purpose of collective bargaining under RCW 41.56.060 is a statewide unit of all individual providers;

              (b) The showing of interest required to request an election under RCW 41.56.060 is ten percent of the unit, and any intervener seeking to appear on the ballot must make the same showing of interest;

              (c) The mediation and interest arbitration provisions of RCW 41.56.430 through 41.56.470 and 41.56.480 apply, except that:

              (i) With respect to commencement of negotiations between the governor and the bargaining representative of individual providers, negotiations shall be commenced by May 1st of any year prior to the year in which an existing collective bargaining agreement expires;

              (ii) With respect to factors to be taken into consideration by an interest arbitration panel, the panel shall consider the financial ability of the state to pay for the compensation and fringe benefit provisions of a collective bargaining agreement; and

              (iii) The decision of the arbitration panel is not binding on the legislature and, if the legislature does not approve the request for funds necessary to implement the compensation and fringe benefit provisions of the arbitrated collective bargaining agreement, is not binding on the authority or the state;

              (d) Individual providers do not have the right to strike; and

              (e) Individual providers who are related to, or family members of, consumers or prospective consumers are not, for that reason, exempt from this chapter ((3, Laws of 2002)) or chapter 41.56 RCW.

              (3) Individual providers who are public employees ((of the authority)) solely for the purposes of collective bargaining under subsection (1) of this section are not, for that reason, employees of the state, its political subdivisions, or an area agency on aging for any purpose. Chapter 41.56 RCW applies only to the governance of the collective bargaining relationship between the employer and individual providers as provided in subsections (1) and (2) of this section.

              (4) Consumers and prospective consumers retain the right to select, hire, supervise the work of, and terminate any individual provider providing services to them. Consumers may elect to receive long-term in-home care services from individual providers who are not referred to them by the authority.

              (5) In implementing and administering this chapter ((3, Laws of 2002)), neither the authority nor any of its contractors may reduce or increase the hours of service for any consumer below or above the amount determined to be necessary under any assessment prepared by the department or an area agency on aging.

              (6) Except as expressly limited in this section and RCW 74.39A.300, the wages, hours, and working conditions of individual providers are determined solely through collective bargaining as provided in this chapter. No agency or department of the state, other than the authority, may establish policies or rules governing the wages or hours of individual providers. However, this subsection does not modify:

              (a) The department's authority to establish a plan of care for each consumer and to determine the hours of care that each consumer is eligible to receive;

              (b) The department's authority to terminate its contracts with individual providers who are not adequately meeting the needs of a particular consumer, or to deny a contract under RCW 74.39A.095(8);

              (c) The consumer's right to assign hours to one or more individual providers selected by the consumer within the maximum hours determined by his or her plan of care;

              (d) The consumer's right to select, hire, terminate, supervise the work of, and determine the conditions of employment for each individual provider providing services to the consumer under this chapter;

              (e) The department's obligation to comply with the federal medicaid statute and regulations and the terms of any community-based waiver granted by the federal department of health and human services and to ensure federal financial participation in the provision of the services; and

              (f) The legislature's right to make programmatic modifications to the delivery of state services under this title, including standards of eligibility of consumers and individual providers participating in the programs under this title, and the nature of services provided. The governor shall not enter into, extend, or renew any agreement under this chapter that does not expressly reserve the legislative rights described in this subsection (6)(f).

              (7)(a) The state, the department, the authority, the area agencies on aging, or their contractors under this chapter ((3, Laws of 2002)) may not be held vicariously or jointly liable for the action or inaction of any individual provider or prospective individual provider, whether or not that individual provider or prospective individual provider was included on the authority's referral registry or referred to a consumer or prospective consumer. The existence of a collective bargaining agreement, the placement of an individual provider on the referral registry, or the development or approval of a plan of care for a consumer who chooses to use the services of an individual provider and the provision of case management services to that consumer, by the department or an area agency on aging, does not constitute a special relationship with the consumer.

              (b) The members of the board are immune from any liability resulting from implementation of this chapter ((3, Laws of 2002)).

              (((7))) (8) Nothing in this section affects the state's responsibility with respect to ((the state payroll system or)) unemployment insurance for individual providers. However, individual providers are not to be considered, as a result of the state assuming this responsibility, employees of the state.

              Sec. 2. RCW 74.39A.300 and 2002 c 3 s 9 are each amended to read as follows:

              (1) Upon meeting the requirements of subsection (2) of this section, the governor must submit, as a part of the proposed biennial or supplemental operating budget submitted to the legislature under RCW 43.88.030, a request for funds necessary to administer chapter 3, Laws of 2002 and to implement ((any)) the compensation and fringe benefits provisions of a collective bargaining agreement entered into under RCW 74.39A.270 or for legislation necessary to implement ((any)) such agreement ((within ten days of the date on which the agreement is ratified or, if the legislature is not in session, within ten days after the next legislative session convenes)).

              (2) A request for funds necessary to implement the compensation and fringe benefits provisions of a collective bargaining agreement entered into under RCW 74.39A.270 shall not be submitted by the governor to the legislature unless such request:

              (a) Has been submitted to the director of financial management by October 1st prior to the legislative session at which the request is to be considered; and

              (b) Has been certified by the director of financial management as being feasible financially for the state or reflects the binding decision of an arbitration panel reached under RCW 74.39A.270(2)(c).

              (3) The legislature must approve or reject the submission of the request for funds as a whole. If the legislature rejects or fails to act on the submission, any such agreement will be reopened solely for the purpose of renegotiating the funds necessary to implement the agreement.

              (((2))) (4) When any increase in individual provider wages or benefits is negotiated or agreed to ((by the authority)), no increase in wages or benefits negotiated or agreed to under this chapter ((3, Laws of 2002)) will take effect unless and until, before its implementation, the department has determined that the increase is consistent with federal law and federal financial participation in the provision of services under Title XIX of the federal social security act.

              (((3))) (5) The governor shall periodically consult with the joint committee on employment relations established by RCW 41.80.010 regarding appropriations necessary to implement the compensation and fringe benefits provisions of any collective bargaining agreement and, upon completion of negotiations, advise the committee on the elements of the agreement and on any legislation necessary to implement such agreement.

              (6) After the expiration date of any collective bargaining agreement entered into under RCW 74.39A.270, all of the terms and conditions specified in any such agreement remain in effect until the effective date of a subsequent agreement, not to exceed one year from the expiration date stated in the agreement, except as provided in RCW 74.39A.270(6)(f).

              (7) If, after the compensation and benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by resolution of the legislature, both parties shall immediately enter into collective bargaining for a mutually agreed upon modification of the agreement.

              NEW SECTION. Sec. 3. A new section is added to chapter 41.04 RCW to read as follows:

              Individual providers, as defined in RCW 74.39A.240, are not employees of the state or any of its political subdivisions and are specifically and entirely excluded from all provisions of this title, except as provided in RCW 74.39A.270.

              NEW SECTION. Sec. 4. A new section is added to chapter 43.01 RCW to read as follows:

              RCW 43.01.040 through 43.01.044 do not apply to individual providers under RCW 74.39A.220 through 74.39A.300.

              Sec. 5. RCW 74.39A.901 and 1993 c 508 s 11 are each amended to read as follows:

              If any part of this ((act)) chapter or a collective bargaining agreement under this chapter is found by a court of competent jurisdiction to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this ((act)) chapter or the agreement is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this ((act)) chapter or the agreement in its application to the agencies concerned. The rules under this ((act)) chapter shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

              Sec. 6. RCW 41.56.030 and 2002 c 99 s 2 are each amended to read as follows:

              As used in this chapter:

              (1) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of any public body governed by this chapter, or any subdivision of such public body. For the purposes of this section, the public employer of district court or superior court employees for wage-related matters is the respective county legislative authority, or person or body acting on behalf of the legislative authority, and the public employer for nonwage-related matters is the judge or judge's designee of the respective district court or superior court.

              (2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office as a member of a multimember board, commission, or committee, whether appointed by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to (i) the executive head or body of the applicable bargaining unit, or (ii) any person elected by popular vote, or (iii) any person appointed to office pursuant to statute, ordinance or resolution for a specified term of office as a member of a multimember board, commission, or committee, whether appointed by the executive head or body of the public employer, or (d) who is a court commissioner or a court magistrate of superior court, district court, or a department of a district court organized under chapter 3.46 RCW, or (e) who is a personal assistant to a district court judge, superior court judge, or court commissioner, or (f) excluded from a bargaining unit under RCW 41.56.201(2)(a). For the purpose of (e) of this subsection, no more than one assistant for each judge or commissioner may be excluded from a bargaining unit.

              (3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.

              (4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.

              (5) "Commission" means the public employment relations commission.

              (6) "Executive director" means the executive director of the commission.

              (7) "Uniformed personnel" means: (a) Law enforcement officers as defined in RCW 41.26.030 employed by the governing body of any city or town with a population of two thousand five hundred or more and law enforcement officers employed by the governing body of any county with a population of ten thousand or more; (b) correctional employees who are uniformed and nonuniformed, commissioned and noncommissioned security personnel employed in a jail as defined in RCW 70.48.020(5), by a county with a population of seventy thousand or more, and who are trained for and charged with the responsibility of controlling and maintaining custody of inmates in the jail and safeguarding inmates from other inmates; (c) general authority Washington peace officers as defined in RCW 10.93.020 employed by a port district in a county with a population of one million or more; (d) security forces established under RCW 43.52.520; (e) fire fighters as that term is defined in RCW 41.26.030; (f) employees of a port district in a county with a population of one million or more whose duties include crash fire rescue or other fire fighting duties; (g) employees of fire departments of public employers who dispatch exclusively either fire or emergency medical services, or both; or (h) employees in the several classes of advanced life support technicians, as defined in RCW 18.71.200, who are employed by a public employer.

              (8) "Institution of higher education" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, and the various state community colleges.

              (9) "Home care quality authority" means the authority under chapter 74.39A RCW.

              (10) "Individual provider" means an individual provider as defined in RCW 74.39A.240(4) who, solely for the purposes of collective bargaining, is ((employed by the home care quality authority)) a public employee as provided in RCW 74.39A.270.

              Sec. 7. RCW 41.56.113 and 2002 c 99 s 1 are each amended to read as follows:

              (1) Upon the written authorization of an individual provider within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the state as payor, but not as the employer, shall, subject to subsection (3) of this section, deduct from the payments to an individual provider the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer of the exclusive bargaining representative.

              (2) If the ((home care quality authority)) governor and the exclusive bargaining representative of a bargaining unit of individual providers enter into a collective bargaining agreement that:

              (a) Includes a union security provision authorized in RCW 41.56.122, the state as payor, but not as the employer, shall, subject to subsection (3) of this section, enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues; or

              (b) Includes requirements for deductions of payments other than the deduction under (a) of this subsection, the state, as payor, but not as the employer, shall, subject to subsection (3) of this section, make such deductions upon written authorization of the individual provider.

              (3)(a) The initial additional costs to the state in making deductions from the payments to individual providers under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.

              (b) The allocation of ongoing additional costs to the state in making deductions from the payments to individual providers under this section shall be an appropriate subject of collective bargaining between the exclusive bargaining representative and the ((home care quality authority)) governor unless prohibited by another statute. If no collective bargaining agreement containing a provision allocating the ongoing additional cost is entered into between the exclusive bargaining representative and the ((home care quality authority)) governor, or if the legislature does not approve funding for the collective bargaining agreement as provided in RCW 74.39A.300, the ongoing additional costs to the state in making deductions from the payments to individual providers under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.

              NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

              NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

              On page 1, line 2 of the title, after "providers;" strike the remainder of the title and insert "amending RCW 74.39A.270, 74.39A.300, 74.39A.901, 41.56.030, and 41.56.113; adding a new section to chapter 41.04 RCW; adding a new section to chapter 43.01 RCW; and declaring an emergency."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2933 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

             Representatives Conway and Sehlin spoke in favor of the passage of the bill.

COLLOQUY

             Representative Benson: "In section 1, subsection (7)(a) of ESHB 2933, the words vicariously or jointly liable describe an exception from liability for the respective entities listed in this subsection. The words "or jointly" are added to existing law, and the language states that certain activities do not create a special relationship with the person being provided with care. Does this mean, in terms of judging the responsibilities of these respective entities, that they are responsible for their own duties?"

             Representative Cody: "Yes. The language does mean that each entity is responsible for their own duties, under statute or law, and clarifies that no new liability based on employment relationships is created. This section also states that no special relationship is created solely by the state or the listed agencies fulfilling their requirements enumerated in this chapter."

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2933, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2933, as amended by the Senate, 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, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, Mastin and Roach - 3.

             ENGROSSED SUBSTITUTE HOUSE BILL NO. 2933, as amended by the Senate, having received the constitutional majority, was declared passed.

             The Speaker assumed the chair.

SIGNED BY THE SPEAKER

             The Speaker signed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2933,

SECOND SUBSTITUTE SENATE BILL NO. 5216,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6125,

SUBSTITUTE SENATE BILL NO. 6161,

ENGROSSED SENATE BILL NO. 6180,

SENATE BILL NO. 6177,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6352,

SECOND READING

             HOUSE BILL NO. 1322, By Representatives G. Simpson, Cairnes, McCoy and Roach

             Exempting from taxation certain property belonging to any federally recognized Indian tribe located in the state.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1322 was substituted for House Bill No. 1322 and the substitute bill was placed on the second reading calendar.

             SUBSTITUTE HOUSE BILL NO. 1322 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 G. Simpson and Cairnes spoke in favor of passage of the bill.

             Representative Mielke spoke against the passage of the bill.

             The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1322.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1322 and the bill passed the House by the following vote: Yeas - 67, Nays - 28, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Blake, Buck, Bush, Cairnes, Campbell, Chandler, Chase, Clibborn, Cody, Conway, Cooper, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schual-Berke, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 67.

             Voting nay: Representatives Ahern, Armstrong, Bailey, Benson, Boldt, Carrell, Clements, Condotta, Cox, Crouse, Delvin, Ericksen, Hankins, Hinkle, Kristiansen, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Schindler, Schoesler, Sehlin, Skinner, Sump, Talcott and Tom - 28.

             Excused: Representatives Edwards, Mastin and Roach - 3.

             SUBSTITUTE HOUSE BILL NO. 1322, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

             I intended to vote YEA on SUBSTITUTE HOUSE BILL NO. 1322.

BOB SUMP, 7^th District

STATEMENT FOR THE JOURNAL

             I intended to vote YEA on SUBSTITUTE HOUSE BILL NO. 1322.

CATHY McMORRIS, 7^th District

             SUBSTITUTE SENATE BILL NO. 6118, By Senate Committee on Parks, Fish & Wildlife (originally sponsored by Senators Morton, Stevens, Deccio, Mulliken, Roach and Swecker)

             Creating a cougar control pilot program.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Fisheries, Ecology & Parks was not adopted. (For committee amendment, see Journal, 47^th Day, February 27, 2004.)

             With the consent of the House, amendments (1114), (1117), (1118), (1100), (1113), (1135), (1138), (1137) and (1136) were withdrawn.

             Representative Sump moved the adoption of amendment (1150):

              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. (1) The department of fish and wildlife, in cooperation and collaboration with the county legislative authorities of Ferry, Stevens, Pend Oreille, Chelan, and Okanogan counties, shall recommend rules to establish a three-year pilot program within select game management units of these counties, to pursue or kill cougars with the aid of dogs. A pursuit season and a kill season with the aid of dogs must be established through the fish and wildlife commission's rule-making process, utilizing local dangerous wildlife task teams comprised of the two collaborating authorities. The two collaborating authorities shall also develop a more effective and accurate dangerous wildlife reporting system to ensure a timely response. The pilot program's primary goals are to provide for public safety, to protect property, and to assess cougar populations.

              (2) Any rules adopted by the fish and wildlife commission to establish a pilot project allowing for the pursuit or hunting of cougars with the aid of dogs under this section only must ensure that all pursuits or hunts are:

              (1) Designed to protect public safety or property;

              (2) Reflective of the most current cougar population data;

              (3) Designed to generate data that is necessary for the department to satisfy the reporting requirements of section 3 of this act; and

              (4) Consistent with any applicable recommendations emerging from research on cougar population dynamics in a multi-prey environment conducted by Washington State University's department of natural resource sciences that was funded in whole or in part by the department of fish and wildlife.

              NEW SECTION. Sec. 2. A county legislative authority may request inclusion in the pilot project authorized by this act after taking the following actions:

              (1) Adopting a resolution that requests inclusion in the pilot project;

              (2) Documenting the need to participate in the pilot program by identifying the number of cougar/human encounters and livestock and pet depredations; and

              (3) Demonstrating that existing cougar depredation permits, public safety cougar hunts, or other existing wildlife management tools have not been sufficient to deal with cougar incidents in the county.

              NEW SECTION. Sec. 3. After the culmination of the pilot project authorized by this section, the department of fish and wildlife must report to the fish and wildlife commission and the appropriate committees of the legislature:

              (1) Recommendations for the development of a more effective and accurate dangerous wildlife reporting system, a summary of how the pilot project aided the collection of data useful in making future wildlife management decisions, and a recommendation as to whether the pilot project would serve as a model for effective cougar management into the future. The report required by this subsection must be completed in collaboration with the counties choosing to participate in the pilot program.

              (2) Recommendations for a new and modern cougar management system that focuses on altering the behavior of wild cougars, and not solely on controlling cougar population levels. These recommendations must include at a minimum suggestions for wildlife management techniques aimed at modifying cougar behavior, the identification of non-lethal ways to minimize interactions between cougars and humans, and an analysis of opportunities for minimizing interactions between cougars and humans by controlling the abundance and location of cougar prey species."

              Correct the title.

             Representative Dickerson moved the adoption of amendment (1160) to amendment (1150):

              On page 2, after line 33 of the amendment, insert the following:

              "NEW SECTION. Sec. 4. (1) The pelts and carcasses of cougars harvested under the pilot program authorized by this act may not be sold, bartered, or otherwise entered into commerce.

              (2) The pelts and carcasses of cougars harvested under the pilot program authorized by this act may not be stuffed, mounted, or otherwise used for purposes of taxidermy."

             Representative Dickerson spoke in favor of the adoption of the amendment to the amendment

             Representative Sump spoke against the adoption of the amendment to the amendment.

             The amendment to the amendment was not adopted.

             The amendment (1150) was adopted.

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

             Representatives Sump, Upthegrove, Cooper and Armstrong spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be the final passage of Substitute Senate Bill No. 6118, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6118, as amended by the House, and the bill passed the House by the following vote: Yeas - 90, Nays - 5, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Wallace, Wood, Woods and Mr. Speaker - 90.

             Voting nay: Representatives Dickerson, Hunt, Murray, Romero and Veloria - 5.

             Excused: Representatives Edwards, Mastin and Roach - 3.

             SUBSTITUTE SENATE BILL NO. 6118, as amended by the House, having received the necessary constitutional majority, was declared passed.

             ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5533, By Senate Committee on Education (originally sponsored by Senators Kohl-Welles, Johnson, McAuliffe, Carlson, Keiser, Rasmussen and Kline)

             Providing increased access to information on disciplinary actions taken against school employees.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Education was adopted. (For committee amendment, see Journal, 47^th Day, February 27, 2004.)

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

             Representatives Quall, McDonald and Rockefeller spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be the final passage of Engrossed Second Substitute Senate Bill No. 5533, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5533, 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 Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, Mastin and Roach - 3.

             ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5533, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6171, By Senate Committee on Education (originally sponsored by Senators Benton, Kohl-Welles, Carlson, Stevens, Johnson, Esser, T. Sheldon and Pflug)

             Regarding misconduct investigations conducted by the superintendent of public instruction.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Appropriations was before the House for purpose of amendment. (For committee amendment, see Journal, 50^th Day, March 1, 2004.)

             Representative Talcott moved the adoption of amendment (1149) to the committee amendment:

              On page 2, line 36, after "complaint" insert "alleging physical abuse or sexual misconduct by a certificated school employee"

              On page 3, line 12, after "alleging" strike "that a certificated school employee has committed a violation of this chapter or rules adopted under it" and insert "physical abuse or sexual misconduct by a certificated school employee"

             Representatives Talcott and Rockefeller spoke in favor of the adoption of the amendment to the committee amendment.

             The amendment to the committee amendment was adopted.

             The committee amendment as amended was adopted.

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

             Representatives Rockefeller and McDonald spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be the final passage of Substitute Senate Bill No. 6171, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6171, 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 Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, Mastin and Roach - 3.

             SUBSTITUTE SENATE BILL NO. 6171, as amended by the House, having received the necessary constitutional majority, was declared passed.

             HOUSE BILL NO. 2400, By Representatives McMahan, Carrell, Mielke, Talcott, Crouse, Bush, Ahern, Newhouse, G. Simpson, Woods and Orcutt

             Providing enhanced penalties for sex crimes against children.

             The bill was read the second time. There being no objection, Substitute House Bill No. 2400 was substituted for House Bill No. 2400 and the substitute bill was placed on the second reading calendar.

             SUBSTITUTE HOUSE BILL NO. 2400 was read the second time.

             With the consent of the House, amendment (1142) was withdrawn.

             Representative Schoesler moved the adoption of amendment (1101):

              On page 18, line 32, after "(8)" insert "If the court imposes the sentencing alternative under this section, the prosecutor shall submit a detailed written statement for public release stating whether the prosecutor agreed or disagreed with the imposition of the sentencing alternative and the reasons for his or her agreement or disagreement.

              (9)"

              Renumber the remaining subsections consecutively and correct internal references accordingly.

             Representatives Schoesler and O'Brien spoke in favor of the adoption of the amendment.

             An electronic roll call vote was demanded and the demand was sustained.

             The Speaker stated the question before the House to be adoption of amendment (1101) to Substitute House Bill No. 2400.

ROLL CALL

             The Clerk called the roll on the adoption of amendment (1101) to Substitute House Bill No. 2400, and the amendment was adopted by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, Mastin, and Roach - 3.

             Representative McDonald moved the adoption of amendment (1080):

              On page 21, line 14, after "2004." insert the following:

              "Sec. 5. RCW 9A.44.150 and 1990 c 150 s 2 are each amended to read as follows: