FIFTY NINTH LEGISLATURE - REGULAR SESSION





THIRTIETH DAY





House Chamber, Olympia, Tuesday, February 8, 2005


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


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


{{30885}}                 INTRODUCTION & FIRST READING

 

{{30886}}HB 1830       by Representatives Hunt, Jarrett, Morrell, McDonald, Pettigrew, Hasegawa, Eickmeyer, Clibborn, Simpson and Ericks


       AN ACT Relating to alternative public works contracting procedures; and reenacting and amending RCW 39.10.020.


       Referred to Committee on State Government Operations & Accountability.

 

{{30887}}HB 1831       by Representatives Kretz, Blake, Grant, Buri, Holmquist, B. Sullivan, Orcutt, Serben, McCune, Sump, Cox, Walsh, Clements, Roach, Linville, Newhouse, Haler and Pearson


       AN ACT Relating to damage to livestock caused by wildlife; and amending RCW 77.36.005, 77.36.010, 77.36.040, 77.36.050, 77.36.060, 77.36.070, and 77.36.080.


       Referred to Committee on Natural Resources, Ecology & Parks.

 

{{30888}}HB 1832       by Representatives Kretz, Blake, Grant, Holmquist, P. Sullivan, Buri, B. Sullivan, Kristiansen, Serben, Linville, McCune, Orcutt, Sump, Condotta, Cox, Walsh, Clements, Roach, Newhouse, Haler and Pearson


       AN ACT Relating to disclosure of cougar incidences; and amending RCW 77.15.245.


       Referred to Committee on Natural Resources, Ecology & Parks.

 

{{30889}}HB 1833       by Representatives Kagi, Hinkle, Conway, Walsh, Kenney, Chase, Pettigrew, Appleton, Upthegrove, Morrell, Simpson, Haler and Santos



       AN ACT Relating to job training and placement services; amending RCW 74.08A.280; adding a new section to chapter 28C.18 RCW; and adding a new chapter to Title 43 RCW.


       Referred to Committee on Children & Family Services.

 

{{30890}}HB 1834       by Representatives McIntire, Anderson, Kessler, Conway, Fromhold, Clements, Kagi, Linville, Jarrett, Hunter, Tom, Hinkle, Upthegrove, Kilmer, Wood and Santos


       AN ACT Relating to establishing a process for reporting, reviewing, and collecting data on performance measures; amending RCW 43.88.090 and 43.88.030; adding a new section to chapter 43.88 RCW; and adding a new chapter to Title 44 RCW.


       Referred to Committee on Appropriations.

 

{{30891}}HB 1835       by Representatives Alexander, Anderson, Clements, Crouse, Condotta, Schindler, Ahern, Ericksen, Newhouse, Kristiansen, Nixon, Roach, Hinkle, Bailey, Talcott, Cox, Holmquist, Woods, Strow, Dunn, Buri, Curtis, Shabro, Sump, Haler, Pearson and McCune


       AN ACT Relating to strengthening the state expenditure limit; amending RCW 43.135.025 and 43.135.045; reenacting and amending RCW 43.135.035 and 43.135.045; providing an effective date; providing an expiration date; and declaring an emergency.


       Referred to Committee on Appropriations.

 

{{30892}}HB 1836       by Representatives McDonald, Alexander, Clements, Crouse, Schindler, Condotta, Ahern, Ericksen, Newhouse, Kristiansen, Nixon, Bailey, Hinkle, Talcott, Cox, Holmquist, Woods, Strow, Walsh, Dunn, Curtis, Shabro, Buri, Sump, Haler, Campbell, Pearson and McCune


       AN ACT Relating to a supermajority vote by the legislature to increase taxes; reenacting and amending RCW 43.135.035; and providing a contingent effective date.


       Referred to Committee on Finance.

 

{{30893}}HB 1837       by Representatives Rodne, Lantz, McDonald, Moeller, Dickerson, Priest, Curtis, Morris, Woods, Shabro, Hasegawa, Kagi and Kenney


       AN ACT Relating to child witnesses; and amending RCW 9A.44.150.


       Referred to Committee on Judiciary.

 

{{30894}}HB 1838       by Representatives Linville, Grant and Hinkle; by request of Environmental Hearings Office


       AN ACT Relating to increasing the threshold for short board appeals before the shorelines and pollution control hearings boards to fifteen thousand dollars; and amending RCW 90.58.185 and 43.21B.305.


       Referred to Committee on Natural Resources, Ecology & Parks.

 

{{30895}}HB 1839       by Representatives Kenney, Kessler, Hankins, Linville, Cody, McDonald, Sommers, Santos, Darneille, Haigh, Schual-Berke, Talcott, Skinner, Clibborn, Morrell, Dickerson, Wallace, Chase, Lantz, Green, Upthegrove, Hasegawa, Kagi and Sells


       AN ACT Relating to creating a women's history consortium; adding new sections to chapter 27.34 RCW; and creating new sections.


       Referred to Committee on State Government Operations & Accountability.

 

{{30896}}HB 1840       by Representatives Kilmer, Lantz, Talcott, Appleton, Holmquist, Hunt, Green, Williams, Buck and Haler


       AN ACT Relating to providing dedicated funding from the water quality account for lake restoration and management; and amending RCW 70.146.030.


       Referred to Committee on Natural Resources, Ecology & Parks.

 

{{30897}}HB 1841       by Representatives Wood, Kenney, Conway, Strow, Sells, Simpson, Hasegawa and Santos


       AN ACT Relating to electrical trainees; and amending RCW 19.28.161 and 19.28.271.


       Referred to Committee on Commerce & Labor.

 

{{30898}}HB 1842       by Representatives Schual-Berke, Cody, Buck, Conway, DeBolt, Condotta, Hinkle, Simpson, Hasegawa and Santos


       AN ACT Relating to insurance coverage of pharmacy services; adding new sections to chapter 48.43 RCW; creating a new section; and prescribing penalties.


       Referred to Committee on Health Care.

 


{{30899}}HB 1843       by Representatives Hunt, Darneille, Morrell, McCoy, Campbell, Simpson, Chase, Santos and Sells


       AN ACT Relating to awarding service credit under the teachers' retirement system plan 1 for military service; and amending RCW 41.32.260.


       Referred to Committee on Appropriations.

 

{{30900}}HB 1844       by Representatives Hunter, Crouse, Hudgins, Morris, Haler, Nixon, Kilmer, Linville, Morrell, Simpson and Chase


       AN ACT Relating to renewable energy tax credits; adding a new section to chapter 82.16 RCW; and creating new sections.


       Referred to Committee on Technology, Energy & Communications.

 

{{30901}}HB 1845       by Representatives Orcutt and McIntire; by request of Department of Revenue


       AN ACT Relating to unclaimed property; amending RCW 63.29.020, 63.29.180, 63.29.190, 63.29.220, 63.29.280, 63.29.350, and 63.29.380; adding a new section to chapter 63.29 RCW; repealing RCW 63.29.033; prescribing penalties; and providing an effective date.


       Referred to Committee on Finance.

 

{{30902}}HB 1846       by Representative McIntire; by request of Department of Revenue


       AN ACT Relating to the clarification of property tax statutes; amending RCW 84.33.140, 84.34.108, 84.52.020, 84.52.054, 84.52.070, 84.55.010, 84.55.120, 84.56.440, 84.69.020, and 84.70.010; reenacting and amending RCW 84.52.010; creating a new section; and repealing RCW 84.55.012, 84.55.0121, and 84.55.092.


       Referred to Committee on Finance.

 

{{30903}}HB 1847       by Representatives Haigh, McDermott, Jarrett, Miloscia, Nixon, Green, Wallace and Hunt


       AN ACT Relating to the statute law committee; amending RCW 44.04.260, 1.08.011, 1.08.013, 1.08.015, 1.08.027, 1.08.038, 1.08.039, 1.08.0392, 1.08.060, and 1.08.110; adding new sections to chapter 1.08 RCW; providing an effective date; and declaring an emergency.


       Referred to Committee on State Government Operations & Accountability.

 

{{30904}}HB 1848       by Representatives Springer, Tom, Lantz, Priest, Hunter, Jarrett, Clibborn, Serben, Fromhold, Rodne, Williams, Flannigan, Kessler, O'Brien and Simpson


       AN ACT Relating to managing construction defect disputes involving multiunit residential buildings; amending RCW 64.34.100; adding new sections to chapter 64.34 RCW; adding a new chapter to Title 64 RCW; creating a new section; providing an effective date; and declaring an emergency.


       Referred to Committee on Judiciary.

 

{{30905}}HB 1849       by Representatives Lovick, Campbell, Simpson, DeBolt, Hinkle and O'Brien


       AN ACT Relating to security guard training; amending RCW 18.170.010 and 18.170.100; adding a new section to chapter 18.170 RCW; and prescribing penalties.


       Referred to Committee on Commerce & Labor.

 

{{30906}}HB 1850       by Representatives Schual-Berke and Cody


       AN ACT Relating to retired volunteer medical workers; amending RCW 43.70.110 and 43.70.250; adding a new section to chapter 18.130 RCW; and adding a new section to chapter 4.24 RCW.


       Referred to Committee on Health Care.

 

{{30907}}HB 1851       by Representative Condotta


       AN ACT Relating to authorizing self-insurers to make claim decisions and actively participate in workers' compensation claims; amending RCW 51.04.020, 51.04.030, 51.04.030, 51.04.040, 51.04.085, 51.08.040, 51.08.173, 51.14.110, 51.14.120, 51.14.130, 51.16.120, 51.24.030, 51.24.050, 51.24.060, 51.24.070, 51.24.080, 51.24.090, 51.28.010, 51.28.010, 51.28.020, 51.28.020, 51.28.030, 51.28.030, 51.28.040, 51.28.055, 51.28.055, 51.28.060, 51.28.070, 51.32.010, 51.32.040, 51.32.055, 51.32.055, 51.32.060, 51.32.080, 51.32.095, 51.32.095, 51.32.110, 51.32.160, 51.32.195, 51.32.210, 51.32.240, 51.36.010, 51.36.010, 51.36.015, 51.36.020, 51.36.060, 51.36.060, 51.36.070, 51.48.017, 51.48.040, 51.48.040, 51.48.080, 51.52.050, 51.52.070, and 51.52.080; reenacting and amending RCW 51.52.060; adding a new section to chapter 51.14 RCW; creating a new section; repealing RCW 51.32.190; prescribing penalties; providing effective dates; and providing expiration dates.


       Referred to Committee on Commerce & Labor.

 

{{30908}}HB 1852       by Representatives B. Sullivan, Buck, Williams, Jarrett, Wallace, Appleton, Rodne and Simpson


       AN ACT Relating to a boater safety education program; amending RCW 79A.60.010; adding new sections to chapter 79A.60 RCW; creating a new section; and prescribing penalties.


       Referred to Committee on Natural Resources, Ecology & Parks.

 


{{30909}}HB 1853       by Representatives Kessler, Condotta, Grant, Clements, Crouse, Quall, Armstrong, Fromhold and Woods


       AN ACT Relating to making cost-of-living adjustments to account for inflation in industrial insurance claims; amending RCW 51.32.050, 51.32.060, 51.32.072, 51.32.075, 51.32.080, 51.32.090, and 51.36.020; reenacting and amending RCW 51.32.090; adding a new section to chapter 51.08 RCW; providing effective dates; providing an expiration date; and declaring an emergency.


       Referred to Committee on Commerce & Labor.

 

{{30910}}HB 1854       by Representatives Lantz, Priest, Haler, Walsh and Williams


       AN ACT Relating to withholding of the driving privilege; amending RCW 46.20.265, 46.20.270, 46.20.285, 46.20.289, 46.20.291, 46.20.324, 46.20.334, 46.20.342, and 46.64.025; adding a new section to chapter 46.20 RCW; creating a new section; prescribing penalties; providing an effective date; and declaring an emergency.


       Referred to Committee on Judiciary.

 

{{30911}}HB 1855       by Representatives Ericksen, Ahern, Buri, Serben, Kretz, McCune, Nixon, Campbell, Simpson and Dunn


       AN ACT Relating to property tax exemptions for churches and other religious organizations; amending RCW 84.36.020 and 84.36.030; and creating a new section.


       Referred to Committee on Finance.

 

{{30912}}HB 1856       by Representatives Conway, Condotta, Wood, McCoy, Kessler, Campbell and Chase


       AN ACT Relating to industrial insurance fund audits; amending RCW 43.09.310; and adding a new section to chapter 51.44 RCW.


       Referred to Committee on Commerce & Labor.

 

{{30913}}HB 1857       by Representatives Conway, Hudgins, Wood, McCoy, Chase, Hasegawa and Santos


       AN ACT Relating to the state's ability to participate in international trade agreements; adding a new section to chapter 44.04 RCW; adding a new section to chapter 43.06 RCW; creating new sections; and declaring an emergency.


       Referred to Committee on Economic Development, Agriculture & Trade.

 

{{30914}}HB 1858       by Representatives Lantz, Flannigan, Morrell, Cody, Kirby, Springer, Williams, Miloscia, Schual-Berke, Upthegrove, Linville, O'Brien and Wood


       AN ACT Relating to the time period for bringing an action for personal injury or death resulting from health care; and amending RCW 4.16.350 and 4.16.190.


       Referred to Committee on Judiciary.

 

{{30915}}HB 1859       by Representatives Lantz, Cody, Schual-Berke, Morrell, Kirby, Springer, Miloscia, Kilmer, Upthegrove, Linville, Chase, Wood and Kagi


       AN ACT Relating to compensation for birth-related injuries; adding a new section to chapter 18.130 RCW; adding a new section to chapter 70.41 RCW; adding a new section to chapter 18.46 RCW; adding a new section to chapter 51.52 RCW; adding a new section to chapter 7.70 RCW; adding a new chapter to Title 7 RCW; and creating a new section.


       Referred to Committee on Judiciary.

 

{{30916}}HB 1860       by Representatives Lantz, Flannigan, Cody, Kirby, Morrell, Springer, Williams, Miloscia, Upthegrove, Linville, O'Brien, Wood and Kagi


       AN ACT Relating to expert witnesses in actions under chapter 7.70 RCW; and adding new sections to chapter 7.70 RCW.


       Referred to Committee on Judiciary.

 

{{30917}}HB 1861       by Representatives Lantz, Flannigan, Morrell, Springer, Cody, Kirby, Williams, Miloscia, Schual-Berke, Upthegrove, Linville, O'Brien, Campbell, Wood and Kagi


       AN ACT Relating to encouraging early resolution of health care claims under chapter 7.70 RCW; amending RCW 7.70.100; and adding a new section to chapter 7.70 RCW.


       Referred to Committee on Judiciary.

 

{{30918}}HB 1862       by Representatives Lantz, Flannigan, Morrell, Springer, Kirby, Cody, Williams, Miloscia, Upthegrove, Linville, O'Brien, Campbell and Kagi


       AN ACT Relating to parties liable for damages in actions under chapter 7.70 RCW; and amending RCW 4.22.070, 70.105.112, and 7.70.080.


       Referred to Committee on Judiciary.

 

{{30919}}HB 1863       by Representatives Conway, Kenney, Campbell, Chase, Wood and Hasegawa



       AN ACT Relating to agricultural worker safety and health in the use of highly toxic pesticides; adding a new chapter to Title 49 RCW; and providing an expiration date.


       Referred to Committee on Commerce & Labor.

 

{{30920}}HB 1864       by Representatives Kilmer, Woods, Lantz, Appleton, Green and Hasegawa


       AN ACT Relating to citizen advisory committees for toll charge oversight; amending RCW 47.46.090; and adding a new section to chapter 47.46 RCW.


       Referred to Committee on Transportation.

 

{{30921}}HB 1865       by Representatives Kilmer, Woods, Lantz, Appleton, Talcott, Green and Williams


       AN ACT Relating to sales and use taxes related to the state route 16 corridor improvements project; amending RCW 47.46.060; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; and declaring an emergency.


       Referred to Committee on Transportation.

 

{{30922}}HB 1866       by Representatives Williams, Buck, Upthegrove, Blake, Eickmeyer, Nixon and Simpson


       AN ACT Relating to providing the department of ecology with lien authority to facilitate the recovery of remedial action costs; amending RCW 70.105D.060; and adding a new section to chapter 70.105D RCW.


       Referred to Committee on Natural Resources, Ecology & Parks.

 

{{30923}}HJM 4013    by Representatives Miloscia, Springer, Sells, Pettigrew, Upthegrove, Simpson, Chase, Hasegawa, Kagi and Santos


       Petitioning for efforts to assist the state's homeless.


       Referred to Committee on Housing.

 

{{30924}}HJR 4209     by Representatives McDonald, Alexander, Clements, Crouse, Condotta, Schindler, Ahern, Ericksen, Newhouse, Kristiansen, Nixon, Hinkle, Bailey, Talcott, Cox, Holmquist, Woods, Strow, Walsh, Dunn, Curtis, Shabro, Buri, Sump, Haler, Campbell, Pearson and McCune


       Amending the Constitution to require at least sixty percent legislative approval to increase taxes.


       Referred to Committee on Finance.

 

{{30925}}HJR 4210     by Representatives Anderson, Alexander, Clements, Crouse, Condotta, Schindler, Ahern, Ericksen, Newhouse, Kristiansen, Nixon, Bailey, Hinkle, Talcott, Roach, Cox, Holmquist, Woods, Walsh, Dunn, Buri, Shabro, Curtis, Strow, Sump, Haler, Campbell, Pearson and McCune


       Creating a required reserve fund.


       Referred to Committee on Appropriations.


{{30926}}       There being no objection, the bills, memorial and resolutions listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.


{{30928}}              REPORTS OF STANDING COMMITTEES


{{30929}}                                                                            February 7, 2005

HB 1002       Prime Sponsor, Representative Fromhold: Restricting the use of compression brakes. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Buck; Campbell; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Schindler; Sells; Shabro; Simpson; B. Sullivan; Takko; Upthegrove and Wood.


       Passed to Committee on Rules for second reading.


February 4, 2005

HB 1085       Prime Sponsor, Representative Linville: Regulating the processing of milk and milk products. Reported by Committee on Economic Development, Agriculture & Trade

 

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Kristiansen, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Blake; Buri; Chase; Clibborn; Dunn; Grant; Haler; Kenney; Kilmer; McCoy; Morrell; Newhouse; Quall; Strow; P. Sullivan and Wallace.

 

MINORITY recommendation: Do not pass. Signed by Representatives Condotta; Holmquist and Kretz.


       Passed to Committee on Rules for second reading.


February 7, 2005

HB 1096       Prime Sponsor, Representative Santos: Requiring a tax expenditure report as part of the biennial budget documents. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass. Signed by Representatives McIntire, Chairman; Hunter, Vice Chairman; Orcutt, Ranking Minority Member; Roach, Assistant Ranking Minority Member; Ahern; Conway; Hasegawa and Santos.

 

MINORITY recommendation: Do not pass. Signed by Representatives Orcutt, Ranking Minority Member; Roach, Assistant Ranking Minority Member; Ahern and Ericksen.

 

Passed to Committee on Rules for second reading.


February 7, 2005

HB 1124       Prime Sponsor, Representative Eickmeyer: Authorizing the use of signs, banners, or decorations over highways under limited circumstances. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Buck; Campbell; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Schindler; Sells; Shabro; Simpson; B. Sullivan; Takko; Upthegrove and Wood.


       Passed to Committee on Rules for second reading.


February 7, 2005

HB 1180       Prime Sponsor, Representative Kilmer: Harmonizing vehicle size limits with federal rules. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Buck; Campbell; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Schindler; Sells; Shabro; Simpson; B. Sullivan; Takko; Upthegrove and Wood.


       Passed to Committee on Rules for second reading.


February 7, 2005

HB 1237       Prime Sponsor, Representative Newhouse: Describing specialized commercial vehicles used for patient transportation. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Buck; Campbell; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Hudgins; Jarrett; Kilmer; Lovick; Morris; Rodne; Schindler; Sells; Shabro; Simpson; B. Sullivan; Takko; Upthegrove and Wood.


       Passed to Committee on Rules for second reading.


February 7, 2005

HB 1259       Prime Sponsor, Representative Wallace: Making technical corrections to chapter 46.87 RCW. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Buck; Campbell; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Schindler; Sells; Shabro; Simpson; B. Sullivan; Takko; Upthegrove and Wood.


       Passed to Committee on Rules for second reading.


{{30936}}       There being no objection, the bills listed on the day's committee reports sheet under the fifth order of business were referred to the committees so designated.


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


       There being no objection, the House adjourned until 10:00 a.m., February 9, 2005, the 31st Day of the Regular Session.


FRANK CHOPP, Speaker

RICHARD NAFZIGER, Chief Clerk