WHEREAS, Earl Hale is retiring from the State Board for Community and Technical Colleges on January 20, 2006, after thirty-five years of total service and the last nineteen years as the Executive Director; and

       WHEREAS, Earl Hale has helped the State Board to ensure that the two-year college system maintains an open door to public education for nearly half a million Washington residents every year; and

       WHEREAS, Earl Hale has articulately and effectively communicated the system's core mission and values to leaders across the state, including business, state government, faculty unions, the K-12 system, and four-year colleges and universities; and

       WHEREAS, Earl Hale has overseen tremendous growth of the two-year college system with the addition of the technical colleges into the system in 1991, and two additional community colleges since 1994;

       NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives hereby commend Earl Hale for his tireless efforts on behalf of the two-year college system and his deep commitment to serving the citizens of Washington over the last thirty-five years; and

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

       Representative Kenney moved the adoption of the resolution.

       Representatives Kenney, Cox, Dunshee, Jarrett and Kessler spoke in favor of the adoption of the resolution.

{{40877}}       HOUSE RESOLUTION NO. 4678 was adopted.

{{40878}}                   MESSAGE FROM THE SENATE

February 9, 2006

Mr. Speaker:

       The Senate has passed:

ENGROSSED SENATE BILL NO. 5232,

ENGROSSED SENATE BILL NO. 6537,

ENGROSSED SENATE JOINT MEMORIAL NO. 8019,

and the same are herewith transmitted.

Thomas Hoemann, Secretary

{{40883}}       There being no objection, the House advanced to the sixth order of business.

{{40884}}                              SECOND READING

{{40885}}       HOUSE BILL NO. 2353, By Representatives Pettigrew, Shabro, Kessler, Priest, Cox, Conway, Haler, P. Sullivan, Appleton, Walsh, Kenney, Green, Armstrong, Hasegawa, Kagi, Hunt, McCoy, Buri, Fromhold, Strow, Curtis, McDermott, Williams, Hudgins, Moeller, Sells, Lantz, Kilmer, Chase, McDonald, Morrell, Murray, Linville, Santos, Springer, Wallace, Dickerson, Roberts, Cody, B. Sullivan, Simpson, Ericks, Upthegrove, Campbell, Ormsby and O'Brien

       Providing collective bargaining for family child care providers.

       The bill was read the second time.

       There being no objection, Second Substitute House Bill No. 2353 was substituted for House Bill No. 2353 and the second substitute bill was placed on the second reading calendar.

       SECOND SUBSTITUTE HOUSE BILL NO. 2353 was read the second time.

{{40886}}       Representative Pettigrew moved the adoption of amendment (757):

        On page 2, line 12, after "41.56.070" insert the following:

", except that in the initial election conducted under this act, if more than one labor organization is on the ballot and none of the choices receives a majority of the votes cast, a run-off election shall be held"

       Representatives Pettigrew and Appleton spoke in favor of the adoption of the amendment.

       Representative Chandler spoke against the adoption of the amendment.

{{40887}}       The Speaker (Representative Lovick presiding) divided the House. The result was 59 - YEAS; 39 -NAYS.

       The amendment was adopted.

{{40888}}       Representative Chandler moved the adoption of amendment (784):

        On page 2, line 25, after "(d)" insert the following:

        "RCW 41.56.122(1) does not apply, and nothing in this chapter authorizes the governor to negotiate or agree to a union security provision in the collective bargaining agreement covering family child care providers.

        (e)"

        Reletter the remaining subsections consecutively and correct internal references accordingly.

        On page 7, beginning on line 15, strike all of section 3

        Renumber the remaining sections consecutively and correct internal references accordingly.

        Correct the title.

       Representative Chandler spoke in favor of the adoption of the amendment.

       Representative Conway spoke against the adoption of the amendment.

       The amendment was not adopted.

       Representative Chandler moved the adoption of amendment (785):

        On page 3, beginning on line 11, strike all of subsection (4) and insert the following:

        "(4) This section and sections 2 through 5 of this act do not create or modify:
        (a) The parents' or legal guardians' right to choose and terminate the services of any family child care provider that provides care for their child or children, including a family child care provider who declines to pay regular union dues and initiation fees or representation fees in accordance with a union security provision;
        (b) The secretary of the department of social and health services' right to adopt requirements under RCW 74.15.030, except for requirements related to grievance procedures and collective negotiations on personnel matters as specified in subsection (2)(c) of this section;
        (c) The secretary of the department of social and health services' right to determine the family child care providers who receive child care subsidies, except that the secretary is prohibited from barring a family child care provider from receiving child care subsidies because the provider declines to pay regular union dues and initiation fees or representation fees in accordance with a union security provision;

        (d) Chapter 26.44 RCW, RCW 43.43.832, 43.20A.205, and 74.15.130; and
        (e) The legislature's right to make programmatic modifications to the delivery of state services through child care subsidy programs, including standards of eligibility of parents, legal guardians, and family child care providers participating in child care subsidy programs, and the nature of services provided. The governor shall not enter into, extend, or renew any agreement under this section that does not expressly reserve the legislative rights described in this subsection (4)(d)."

       Representative Chandler spoke in favor of the adoption of the amendment.

       Representative Conway spoke against the adoption of the amendment.

       The amendment was not adopted.

       Representative Conway moved the adoption of amendment (787):

        On page 3, line 37, after "(6)" strike "Except as provided in subsection (7) of this section, a" and insert "A"

       Representative Conway spoke in favor of the adoption of the amendment.

       The amendment was adopted.

       Representative Chandler moved the adoption of amendment (786):

        On page 7, beginning on line 13, after "RCW 74.15.030" strike "or is exempt from licensing under chapter 74.15 RCW"

       Representative Chandler spoke in favor of the adoption of the amendment.

       Representative Pettigrew spoke against the adoption of the amendment.

       The amendment was not adopted.

       The bill was ordered engrossed.

{{40890}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Pettigrew, Shabro, Conway and Simpson spoke in favor of passage of the bill.

       Representative Condotta, Ahern and Clements spoke against the passage of the bill.

       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2353.

ROLL CALL

       The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2353 and the bill passed the House by the following vote: Yeas - 84, Nays - 14, Excused - 0.

       Voting yea: Representatives Alexander, Appleton, Armstrong, Blake, Buri, Campbell, Chase, Clements, Clibborn, Cody, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Takko, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 84.

       Voting nay: Representatives Ahern, Anderson, Bailey, Buck, Chandler, Condotta, Holmquist, Kretz, Kristiansen, Newhouse, Orcutt, Rodne, Sump and Talcott - 14.

       ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2353, having received the necessary constitutional majority, was declared passed.

{{40891}}       HOUSE BILL NO. 2454, By Representatives Williams, Lantz, Darneille, Morrell, O'Brien and Green

       Revising the privilege for sexual assault advocates.

       The bill was read the second time.

{{40892}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Williams and Priest 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 House Bill No. 2454.

ROLL CALL

       The Clerk called the roll on the final passage of House Bill No. 2454 and the bill passed the House by the following vote: Yeas - 96, Nays - 2, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Woods and Mr. Speaker - 96.

       Voting nay: Representatives Flannigan and Wood - 2.

       HOUSE BILL NO. 2454, having received the necessary constitutional majority, was declared passed.

{{40893}}       HOUSE BILL NO. 3261, By Representatives O'Brien, Rodne, Dickerson, Clements, Haigh, Simpson, Pearson, McDonald, Ericks, Kilmer and Williams

       Strengthening the review process by the indeterminate sentence review board.

       The bill was read the second time.

{{40894}}       With the consent of the House, amendment (690) was withdrawn.

{{40895}}       Representative O'Brien moved the adoption of amendment (716):

        On page 4, line 7, after "shall" strike all material through "board" on line 9 and insert "provide opportunities for the victims of any crimes for which the offender has been convicted to present oral, video, written, or in-person testimony to the board. The procedures for victim input shall be developed by rule. To facilitate victim involvement, county prosecutor's offices shall ensure that any victim impact statements and known contact information for victims of record are forwarded as part of the judgment and sentence"

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

       The amendment was adopted. The bill was ordered engrossed.

{{40897}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives O'Brien and Pearson 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 House Bill No. 3261.

ROLL CALL

       The Clerk called the roll on the final passage of Engrossed House Bill No. 3261 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       ENGROSSED HOUSE BILL NO. 3261, having received the necessary constitutional majority, was declared passed.

{{40898}}                 SECOND READING SUSPENSION

       HOUSE BILL NO. 2596, By Representatives Kenney, McDonald, Conway, Wood, Hasegawa, Hudgins, Rodne, McCoy, Morrell and Ormsby

       Modifying provisions for the cosmetology apprenticeship program.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 2596 was read the second time.

{{41719}}       The bill was placed on final passage.

       Representatives Kenney and McDonald 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 House Bill No. 2596.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 2596 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       SUBSTITUTE HOUSE BILL NO. 2596, having received the necessary constitutional majority, was declared passed.

{{41720}}       HOUSE BILL NO. 3085, By Representatives Blake, Kretz, B. Sullivan, Orcutt, Haler and Ericks

       Making technical corrections to certain public lands statutes.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 3085 was read the second time.

{{41721}}       The bill was placed on final passage.

       Representatives Blake and Kretz 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 House Bill No. 3085.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 3085 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       SUBSTITUTE HOUSE BILL NO. 3085, having received the necessary constitutional majority, was declared passed.

{{41722}}       HOUSE BILL NO. 1504, By Representatives Simpson, Woods and Lovick

       Adjusting notice of abandoned vehicle auctions.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 1504 was read the second time.

{{41723}}       The bill was placed on final passage.

       Representatives Simpson and Woods 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 House Bill No. 1504.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 1504 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

       Voting nay: Representative Dunn - 1.

       SUBSTITUTE HOUSE BILL NO. 1504, having received the necessary constitutional majority, was declared passed.

{{41724}}       HOUSE BILL NO. 1827, By Representatives Wood, Condotta, McCoy, Crouse and Conway

       Refining the definition of "bushing."

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 1827 was read the second time.

{{41725}}       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 House Bill No. 1827.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 1827 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       SUBSTITUTE HOUSE BILL NO. 1827, having received the necessary constitutional majority, was declared passed.

{{41726}}       HOUSE BILL NO. 2384, By Representatives Dickerson, Buck, Blake and B. Sullivan; by request of Department of Natural Resources

       Concerning the state geological survey.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 2384 was read the second time.

{{41727}}       The bill was placed on final passage.

       Representatives Dickerson and Buck 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 House Bill No. 2384.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 2384 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       SUBSTITUTE HOUSE BILL NO. 2384, having received the necessary constitutional majority, was declared passed.

{{41728}}       HOUSE BILL NO. 2386, By Representatives B. Sullivan and Chase; by request of Department of Natural Resources

       Modifying provisions related to the commercial harvest of geoduck clams.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted.

{{41729}}       The bill was placed on final passage.

       Representatives B. Sullivan and Buck 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 House Bill No. 2386.

ROLL CALL

       The Clerk called the roll on the final passage of House Bill No. 2386 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       HOUSE BILL NO. 2386, having received the necessary constitutional majority, was declared passed.

{{41730}}       HOUSE BILL NO. 2493, By Representatives Kilmer, Lantz and Ericks

       Limiting access to law enforcement and emergency equipment and vehicles.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 2493 was read the second time.

{{41731}}       The bill was placed on final passage.

       Representatives Kilmer and Woods 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 House Bill No. 2493.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 2493 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       SUBSTITUTE HOUSE BILL NO. 2493, having received the necessary constitutional majority, was declared passed.

{{41732}}       HOUSE BILL NO. 2591, By Representatives B. Sullivan, Blake, Roberts and Lovick

       Providing an exemption from special fuel taxes for regional transit authorities.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 2591 was read the second time.

{{41733}}       The bill was placed on final passage.

       Representatives Wallace and Orcutt 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 House Bill No. 2591.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 2591 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

       Voting nay: Representative Anderson - 1.

       SUBSTITUTE HOUSE BILL NO. 2591, having received the necessary constitutional majority, was declared passed.

{{41734}}       HOUSE BILL NO. 2646, By Representatives Wallace, Hinkle, Haigh and Holmquist

       Providing a sales tax exemption for trail grooming.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 2646 was read the second time.

{{41735}}       The bill was placed on final passage.

       Representatives Wallace and Orcutt 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 House Bill No. 2646.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 2646 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

       Voting nay: Representative Anderson - 1.

       SUBSTITUTE HOUSE BILL NO. 2646, having received the necessary constitutional majority, was declared passed.

{{41736}}       HOUSE BILL NO. 2720, By Representatives Simpson, Schindler, Takko, P. Sullivan, B. Sullivan and Woods

       Revising provisions relating to water-sewer districts.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted.

{{41737}}       The bill was placed on final passage.

       Representatives Simpson and Schindler 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 House Bill No. 2720.

ROLL CALL

       The Clerk called the roll on the final passage of House Bill No. 2720 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       HOUSE BILL NO. 2720, having received the necessary constitutional majority, was declared passed.

{{41738}}       HOUSE BILL NO. 2874, By Representatives Murray, Ericksen, Jarrett, Wallace and Woods; by request of Department of Transportation

       Modifying transportation project design-build provisions.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted.

{{41739}}       The bill was placed on final passage.

       Representatives Murray 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 House Bill No. 2874.

ROLL CALL

       The Clerk called the roll on the final passage of House Bill No. 2874 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       HOUSE BILL NO. 2874, having received the necessary constitutional majority, was declared passed.

{{41749}}       HOUSE BILL NO. 2981, By Representatives Fromhold, Clements and Murray; by request of Washington State Patrol

       Modifying commercial vehicle provisions.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted.

{{41750}}       The bill was placed on final passage.

       Representatives Fromhold and Woods 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 House Bill No. 2981.

ROLL CALL

       The Clerk called the roll on the final passage of House Bill No. 2981 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       HOUSE BILL NO. 2981, having received the necessary constitutional majority, was declared passed.

{{41751}}       HOUSE BILL NO. 3001, By Representatives Hudgins and Conway; by request of Department of Licensing

       Modifying the definition of limousine.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted.

{{41752}}       The bill was placed on final passage.

       Representative Hudgins 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 House Bill No. 3001.

ROLL CALL

       The Clerk called the roll on the final passage of House Bill No. 3001 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

       Voting nay: Representative Dunn - 1.

       HOUSE BILL NO. 3001, having received the necessary constitutional majority, was declared passed.

{{41753}}       HOUSE BILL NO. 3093, By Representatives Clibborn, Curtis, Simpson, Darneille, Schual-Berke, Dickerson and Dunn

       Allowing physician assistants to determine disability for special parking privileges.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 3093 was read the second time.

{{41754}}       The bill was placed on final passage.

       Representatives Clibborn and Curtis 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 House Bill No. 3093.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 3093 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

       Voting nay: Representative Anderson - 1.

       SUBSTITUTE HOUSE BILL NO. 3093, having received the necessary constitutional majority, was declared passed.

{{41755}}       HOUSE BILL NO. 3111, By Representative Appleton

       Addressing traffic infractions involving rental vehicles.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted.

{{41756}}       The bill was placed on final passage.

       Representatives Appleton and Woods 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 House Bill No. 3111.

ROLL CALL

       The Clerk called the roll on the final passage of House Bill No. 3111 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       HOUSE BILL NO. 3111, having received the necessary constitutional majority, was declared passed.

{{41757}}       HOUSE BILL NO. 3114, By Representatives Murray and Dunn

       Providing a sales and use tax exemption for recovered wood waste boiler equipment.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted.

{{41758}}       The bill was placed on final passage.

       Representatives Murray and Dunn 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 House Bill No. 3114.

ROLL CALL

       The Clerk called the roll on the final passage of House Bill No. 3114 and the bill passed the House by the following vote: Yeas - 96, Nays - 2, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 96.

       Voting nay: Representatives Dickerson, and Sommers - 2.

       HOUSE BILL NO. 3114, having received the necessary constitutional majority, was declared passed.

{{41759}}       HOUSE BILL NO. 3128, By Representatives Kenney, Hankins, Conway, Chandler, Wood, Condotta, Newhouse and Springer

       Regulating the sale of wine by a society or organization.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 3128 was read the second time.

{{41760}}       The bill was placed on final passage.

       Representative Kenney 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 House Bill No. 3128.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 3128 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       SUBSTITUTE HOUSE BILL NO. 3128, having received the necessary constitutional majority, was declared passed.

{{41761}}       HOUSE BILL NO. 3150, By Representatives Condotta, Linville, Kenney, Chase, Kessler, Conway, Holmquist, Morrell, Newhouse and Armstrong

       Concerning efforts to promote the wine industry.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 3150 was read the second time.

{{41762}}       The bill was placed on final passage.

       Representatives Condotta and Wood 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 House Bill No. 3150.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 3150 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       SUBSTITUTE HOUSE BILL NO. 3150, having received the necessary constitutional majority, was declared passed.

{{41763}}       HOUSE BILL NO. 3154, By Representatives Condotta, Wood and Newhouse

       Concerning the retail sale of beer.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted.

{{41764}}       The bill was placed on final passage.

       Representatives Condotta and Wood 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 House Bill No. 3154.

ROLL CALL

       The Clerk called the roll on the final passage of House Bill No. 3154 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       HOUSE BILL NO. 3154, having received the necessary constitutional majority, was declared passed.

{{41765}}       HOUSE BILL NO. 3258, By Representatives Morris, Simpson, Wallace and Chase

       Concerning mileage fees for diesel.

       The bill was read the second time.

       There being no objection, the committee recommendation was adopted.

{{41766}}       The bill was placed on final passage.

       Representatives Morris and Woods 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 House Bill No. 3258.

ROLL CALL

       The Clerk called the roll on the final passage of House Bill No. 3258 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       HOUSE BILL NO. 3258, having received the necessary constitutional majority, was declared passed.

       The Speaker assumed the chair.

{{40900}}                              SECOND READING

{{40901}}       HOUSE BILL NO. 1523, By Representatives Quall, Morris, Pettigrew, Kilmer, Talcott, Pearson, Linville and Kristiansen

       Extending a sales and use tax exemption to the construction of new facilities to be used for the conditioning of vegetable seeds.

       The bill was read the second time.

       There being no objection, Substitute House Bill No. 1523 was substituted for House Bill No. 1523 and the substitute bill was placed on the second reading calendar.

       SUBSTITUTE HOUSE BILL NO. 1523 was read the second time.

{{40902}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Quall and Orcutt spoke in favor of passage of the bill.

       The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1523.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 1523 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       SUBSTITUTE HOUSE BILL NO. 1523, having received the necessary constitutional majority, was declared passed.

{{40904}}       SECOND SUBSTITUTE HOUSE BILL NO. 1815, By House Committee on Appropriations (originally sponsored by Representatives Wallace, Skinner, Pettigrew, Rodne, Kilmer, Ahern, Blake, McCoy, Anderson, Walsh, Lovick, Hudgins, Appleton, Strow, Murray, B. Sullivan, Simpson, Kessler, Williams, O'Brien, Conway, Morris, Linville, Lantz and Moeller)

       Creating a competitive grant program for organizations that assist small businesses.

       The bill was read the second time.

       There being no objection, Third Substitute House Bill No. 1815 was substituted for Second Substitute House Bill No. 1815 and the third substitute bill was placed on the second reading calendar.

       THIRD SUBSTITUTE HOUSE BILL NO. 1815 was read the second time.

{{40905}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Wallace and Skinner spoke in favor of passage of the bill.

       Representative Kristiansen spoke against the passage of the bill.

       The Speaker stated the question before the House to be the final passage of Third Substitute House Bill No. 1815.

ROLL CALL

       The Clerk called the roll on the final passage of Third Substitute House Bill No. 1815 and the bill passed the House by the following vote: Yeas - 69, Nays - 29, Excused - 0.

       Voting yea: Representatives Appleton, Blake, Buck, Campbell, Chase, Clements, Clibborn, Cody, Conway, Darneille, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Takko, Talcott, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 69.

       Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buri, Chandler, Condotta, Cox, Crouse, Curtis, DeBolt, Ericksen, Hinkle, Holmquist, Kretz, Kristiansen, McCune, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Sump and Tom - 29.

       THIRD SUBSTITUTE HOUSE BILL NO. 1815, having received the necessary constitutional majority, was declared passed.

{{40906}}       HOUSE BILL NO. 2348, By Representatives Morris, Ericksen, Condotta, Linville, Conway, Sump, Haler, Orcutt, Wallace, Ericks, B. Sullivan, O'Brien, Dunn and Holmquist

       Extending tax relief for aluminum smelters.

       The bill was read the second time.

{{40907}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Morris, Orcutt, Linville, Ericksen and Armstrong spoke in favor of passage of the bill.

       The Speaker stated the question before the House to be the final passage of House Bill No. 2348.

ROLL CALL

       The Clerk called the roll on the final passage of House Bill No. 2348 and the bill passed the House by the following vote: Yeas - 90, Nays - 8, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDonald, McIntire, Miloscia, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 90.

       Voting nay: Representatives Cody, Dickerson, McDermott, Moeller, Morrell, Nixon, Sommers, and Tom - 8.

       HOUSE BILL NO. 2348, having received the necessary constitutional majority, was declared passed.

{{40908}}       HOUSE BILL NO. 2352, By Representatives Morris, Hudgins and B. Sullivan

       Modifying net metering provisions.

       The bill was read the second time.

       There being no objection, Substitute House Bill No. 2352 was substituted for House Bill No. 2352 and the substitute bill was placed on the second reading calendar.

       SUBSTITUTE HOUSE BILL NO. 2352 was read the second time.

{{40909}}       Representative Morris moved the adoption of amendment (792):

        Strike everything after the enacting clause and insert the following:

        "Sec. 1. RCW 80.60.010 and 2000 c 158 s 1 are each amended to read as follows:

        The definitions in this section apply throughout this chapter unless the context clearly indicates otherwise.

        (1) "Commission" means the utilities and transportation commission.

        (2) "Customer-generator" means a user of a net metering system.

        (3) "Electrical company" means a company owned by investors that meets the definition of RCW 80.04.010.

        (4) "Electric cooperative" means a cooperative or association organized under chapter 23.86 or 24.06 RCW.

        (5) "Electric utility" means any electrical company, public utility district, irrigation district, port district, electric cooperative, or municipal electric utility that is engaged in the business of distributing electricity to retail electric customers in the state.

        (6) "Irrigation district" means an irrigation district under chapter 87.03 RCW.

        (7) "Municipal electric utility" means a city or town that owns or operates an electric utility authorized by chapter 35.92 RCW.

        (8) "Net metering" means measuring the difference between the electricity supplied by an electric utility and the electricity generated by a customer-generator that is fed back to the electric utility over the applicable billing period.

        (9) "Net metering system" means ((a fuel cell or )) a facility for the production of electrical energy that:

        (a) Uses ((as its fuel either solar, wind, or hydropower)) renewable energy;

        (b) Has a generating capacity of not more than ((twenty-five)) one hundred kilowatts;

        (c) Is located on the customer-generator's premises;

        (d) Operates in parallel with the electric utility's transmission and distribution facilities; and

        (e) Is intended primarily to offset part or all of the customer-generator's requirements for electricity.

        (10) "Port district" means a port district within which an industrial development district has been established as authorized by Title 53 RCW.

        (11) "Public utility district" means a district authorized by chapter 54.04 RCW.

        (12) "Renewable energy" means resources whose common characteristic is that they are nondepletable or are naturally replenishable existing or emerging nonfossil fuel energy sources or technologies, and shall include but not be limited to the following:

        (a) Solar photovoltaic or solar thermal electric energy;

        (b) Wind energy;

        (c) Ocean thermal, wave, or tidal energy;

        (d) Fuel cells;

        (e) Landfill gas;

        (f) Incremental gains in energy production from capital and operational improvements in hydroelectric generating facilities;

        (g) Run of river hydropower generation;

        (h) Hydroelectric generation that does not impede the flow in naturally flowing water;

        (i) Advanced biomass power conversion technologies, such as gasification using such biomass fuels as wood, agricultural, or food wastes, energy crops, biogas, biodiesel, or organic refuse-derived fuel;

        (j) Biomass energy using animal waste, solid organic fuels from wood, forest, or field residues, dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic; and

        (k) Lignin in spent pulping liquors.

        (l) The following technologies or fuels shall not be considered renewable energy supplies: Coal, oil, nuclear power, or fuel gases, excluding fuel gases that are used in a combined heat and power plant designed to produce both heat and electricity from a single heat source.

        Sec. 2. RCW 80.60.020 and 2000 c 158 s 2 are each amended to read as follows:

An electric utility:

        (1) Shall offer to make net metering available to eligible customers-generators on a first-come, first-served basis until the cumulative generating capacity of net metering systems equals ((0.1)) 0.25 percent of the utility's peak demand during 1996. ((, of which not less than 0.05 percent shall be attributable to net metering systems that use as its fuel either solar, wind, or hydropower)) If one or more utilities are found to be approaching the maximum cumulative generating capacity of net metering systems allowed under this subsection of this section, the legislature may review the generation threshold contained in this section for potential modification. On January 1, 2014 the cumulative generating capacity of net metering systems will equal 0.5 percent of the utility's peak demand during 1996;

        (2) Shall allow net metering systems to be interconnected using a standard kilowatt-hour meter capable of registering the flow of electricity in two directions, unless the commission, in the case of an electrical company, or the appropriate governing body, in the case of other electric utilities, determines, after appropriate notice and opportunity for comment:

        (a) That the use of additional metering equipment to monitor the flow of electricity in each direction is necessary and appropriate for the interconnection of net metering systems, after taking into account the benefits and costs of purchasing and installing additional metering equipment; and

        (b) How the cost of purchasing and installing an additional meter is to be allocated between the customer-generator and the utility;

        (3) Shall charge the customer-generator a minimum monthly fee that is the same as other customers of the electric utility in the same rate class, but shall not charge the customer-generator any additional standby, capacity, interconnection, or other fee or charge unless the commission, in the case of an electrical company, or the appropriate governing body, in the case of other electric utilities, determines, after appropriate notice and opportunity for comment that:

        (a) The electric utility will incur direct costs associated with interconnecting or administering net metering systems that exceed any offsetting benefits associated with these systems; and

        (b) Public policy is best served by imposing these costs on the customer-generator rather than allocating these costs among the utility's entire customer base.

        Sec. 3. RCW 80.60.030 and 1998 c 318 s 4 are each amended to read as follows:

        Consistent with the other provisions of this chapter, the net energy measurement must be calculated in the following manner:

        (1) The electric utility shall measure the net electricity produced or consumed during the billing period, in accordance with normal metering practices.

        (2) If the electricity supplied by the electric utility exceeds the electricity generated by the customer-generator and fed back to the electric utility during the billing period, the customer-generator shall be billed for the net electricity supplied by the electric utility, in accordance with normal metering practices.

        (3) If electricity generated by the customer-generator exceeds the electricity supplied by the electric utility, the customer-generator:

        (a) Shall be billed for the appropriate customer charges for that billing period, in accordance with RCW 80.60.020; and

        (b) Shall be credited for the excess kilowatt-hours generated during the billing period, with this kilowatt-hour credit appearing on the bill for the following billing period.

        ((At the beginning )) On April 30th of each calendar year, any remaining unused kilowatt-hour credit accumulated during the previous year shall be granted to the electric utility, without any compensation to the customer-generator.

        Sec. 4. RCW 80.60.040 and 2000 c 158 s 3 are each amended to read as follows:

        (1) A net metering system used by a customer-generator shall include, at the customer-generator's own expense, all equipment necessary to meet applicable safety, power quality, and interconnection requirements established by the national electrical code, national electrical safety code, the institute of electrical and electronics engineers, and underwriters laboratories.

        (2) The commission, in the case of an electrical company, or the appropriate governing body, in the case of other electric utilities, after appropriate notice and opportunity for comment, may adopt by regulation additional safety, power quality, and interconnection requirements for customer-generators, including limitations on the number of customer generators and total capacity of net metering systems that may be interconnected to any distribution feeder line, circuit or network that the commission or governing body determines are necessary to protect public safety and system reliability.

        (3) An electric utility may not require a customer-generator whose net metering system meets the standards in subsections (1) and (2) of this section to comply with additional safety or performance standards, perform or pay for additional tests, or purchase additional liability insurance. However, an electric utility shall not be liable directly or indirectly for permitting or continuing to allow an attachment of a net metering system, or for the acts or omissions of the customer-generator that cause loss or injury, including death, to any third party."

       Representatives Morris and Crouse spoke in favor of the adoption of the amendment.

       The amendment was adopted. The bill was ordered engrossed.

{{40911}}       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 Crouse spoke in favor of passage of the bill.

       The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2352.

ROLL CALL

       The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2352 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

       Voting nay: Representative Hasegawa - 1.

       ENGROSSED SUBSTITUTE HOUSE BILL NO. 2352, having received the necessary constitutional majority, was declared passed.

{{40912}}       HOUSE BILL NO. 2401, By Representatives Morris and B. Sullivan

       Developing regional compacts for siting transmission lines.

       The bill was read the second time.

       There being no objection, Substitute House Bill No. 2401 was substituted for House Bill No. 2401 and the substitute bill was placed on the second reading calendar.

       SUBSTITUTE HOUSE BILL NO. 2401 was read the second time.

{{40913}}       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 Crouse spoke in favor of passage of the bill.

       The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2401.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 2401 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       SUBSTITUTE HOUSE BILL NO. 2401, having received the necessary constitutional majority, was declared passed.

{{40914}}       HOUSE BILL NO. 2495, By Representatives Kilmer, Holmquist, Green, Miloscia, Buri, Nixon, Rodne, Hudgins, P. Sullivan, Springer, Haler, Morrell, Morris, Ericks, B. Sullivan, Simpson and Upthegrove

       Establishing a state government efficiency hotline.

       The bill was read the second time.

       There being no objection, Substitute House Bill No. 2495 was substituted for House Bill No. 2495 and the substitute bill was placed on the second reading calendar.

       SUBSTITUTE HOUSE BILL NO. 2495 was read the second time.

{{40915}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Kilmer and Nixon spoke in favor of passage of the bill.

       The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2495.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 2495 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       SUBSTITUTE HOUSE BILL NO. 2495, having received the necessary constitutional majority, was declared passed.

{{40916}}       HOUSE BILL NO. 2498, By Representatives Kilmer, Buri, Morrell, Skinner, Green, Linville, McCoy, Moeller, Chase, Rodne, Conway, Haler, Morris, Ericks and Sells

       Establishing an industry cluster-based approach to economic development.

       The bill was read the second time.

       There being no objection, Second Substitute House Bill No. 2498 was substituted for House Bill No. 2498 and the second substitute bill was placed on the second reading calendar.

       SECOND SUBSTITUTE HOUSE BILL NO. 2498 was read the second time.

{{40917}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Kilmer and Buri spoke in favor of passage of the bill.

       The Speaker stated the question before the House to be the final passage of Second Substitute House Bill No. 2498.

ROLL CALL

       The Clerk called the roll on the final passage of Second Substitute House Bill No. 2498 and the bill passed the House by the following vote: Yeas - 96, Nays - 2, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chase, Clements, Clibborn, Cody, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 96.

       Voting nay: Representatives Chandler, and Condotta - 2.

       SECOND SUBSTITUTE HOUSE BILL NO. 2498, having received the necessary constitutional majority, was declared passed.

{{40918}}       HOUSE BILL NO. 2537, By Representatives Conway, Condotta, McCoy, Hudgins and B. Sullivan; by request of Department of Labor & Industries

       Establishing a pilot program to allow employers to assist employees in completing applications for industrial insurance benefits.

       The bill was read the second time.

       There being no objection, Substitute House Bill No. 2537 was substituted for House Bill No. 2537 and the substitute bill was placed on the second reading calendar.

       SUBSTITUTE HOUSE BILL NO. 2537 was read the second time.

{{40919}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

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

       The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2537.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 2537 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

       Voting nay: Representative Hasegawa - 1.

       SUBSTITUTE HOUSE BILL NO. 2537, having received the necessary constitutional majority, was declared passed.

{{40920}}       HOUSE BILL NO. 2538, By Representatives Conway, Hudgins and McCoy; by request of Department of Labor & Industries

       Authorizing the department to request and superior court to grant warrants pursuant to chapter 49.17 RCW.

       The bill was read the second time.

       There being no objection, Substitute House Bill No. 2538 was substituted for House Bill No. 2538 and the substitute bill was placed on the second reading calendar.

       SUBSTITUTE HOUSE BILL NO. 2538 was read the second time.

{{40921}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

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

       The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2538.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 2538 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       SUBSTITUTE HOUSE BILL NO. 2538, having received the necessary constitutional majority, was declared passed.

{{40922}}       HOUSE BILL NO. 2565, By Representatives Kilmer, Haler, Wallace, Strow, Clibborn, Morrell, McCoy, Appleton, Ericks, Linville, Simpson, Green and Springer

       Modifying the worker training business and occupation tax credit.

       The bill was read the second time.

       There being no objection, Substitute House Bill No. 2565 was substituted for House Bill No. 2565 and the substitute bill was placed on the second reading calendar.

       SUBSTITUTE HOUSE BILL NO. 2565 was read the second time.

{{40923}}       Representative Kilmer moved the adoption of amendment (796):

        Strike everything after the enacting clause and insert the following:

        "Sec. 1. RCW 82.04.4333 and 1996 c 1 s 4 are each amended to read as follows:

        (1) ((There may be credited against the tax imposed by this chapter, the value of state-approved, employer-provided or sponsored job training services designed to enhance the job-related performance of employees, for those businesses eligible for a tax deferral under chapter 82.60 RCW.)) In computing the tax imposed under this chapter, a credit is allowed for fifty percent of the value of qualified worker training expenses incurred by a qualified employer.

        (2) The value of the ((state-approved, job training services)) qualified worker training expenses provided by the qualified employer to ((the)) a new or existing employee, without charge, shall be determined by the allocation of the cost method using generally accepted accounting standards.

        (3) ((The credit allowed under this section shall be limited to an amount equal to twenty percent of the value of the state-approved, job training services determined under subsection (2) of this section.)) The total credits allowed under this section for a ((business)) qualified employer shall not exceed ((five)) the lesser of ten thousand dollars per calendar year or the amount of tax otherwise due under this chapter for the calendar year. Credits may not be carried over to subsequent calendar years. No refunds may be granted for any unused credits. Credits may not be approved on training expenses incurred prior to January 1, 2007. Approved credits must be taken for taxes due for the calendar year following the calendar year in which the qualified expenses were incurred.

        (4) The total credits allowed under this section for all qualified employers shall not exceed two million dollars per calendar year for credits taken for qualified worker training under subsection (6)(f)(i), (ii), and (iii) of this section. The total credits allowed under this section for all qualified employers shall not exceed one million dollars per calendar year for credits taken for qualified worker training under subsection (6)(f)(iv) of this section. The department shall allow the use of the credits on a first-in-time basis.

        (5) Prior to claiming the credit under this section, the ((business)) qualified employer must obtain approval of the proposed ((job training service)) worker training expenses from the ((employment security department)) work force training and education coordinating board. The employer's request for approval must include a description of the proposed ((job)) worker training service, how the ((job)) worker training will enhance the employee's performance, and the cost of the proposed ((job)) worker training.

        (((5) This section only applies to training in respect to eligible business projects for which an application is approved on or after January 1, 1996.)) (6) For the purposes of this section:

        (a) "Manufacturing" has the meaning provided in RCW 82.04.120. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.

        (b) "Pilot scale manufacturing" has the meaning provided in RCW 82.63.010.

        (c) "Qualified employer" means an independently owned and operated business located in Washington with less than fifty employees worldwide that is engaged in a manufacturing, pilot scale manufacturing, or qualified research and development operation.

        (d) "Qualified research and development operation" has the meaning provided in RCW 82.63.010.

        (e) "Qualified worker training expenses" means the amount of qualified worker training expenditures that exceed the lesser of: (i) The employer's average annual amount of qualified worker training expenditures for the previous five calendar years; or (ii) the employer's annual amount of qualified worker training expenditures for the previous year.

        (f) "Qualified worker training" means instruction to enhance an employee's job-related performance through: (i) A course or program at an institution of higher education, as defined in RCW 28B.10.016, or a private vocational school licensed under RCW 28C.10.060; (ii) a private, nonprofit educational institution, the main campus of which is permanently situated in the state, and that: (A) Is open to residents of the state; (B) does not restrict entry on racial or religious grounds; (C) provides programs beyond high school leading to at least the baccalaureate degree; and (D) is accredited by the Northwest association of schools and colleges or by an accrediting association recognized by the higher education coordinating board; (iii) training provided by Washington manufacturing services; or (iv) for employers with more than two and less than twenty employees, training provided by the employer on premises the value of which is determined according to subsection (2) of this section.

        (7) This section expires December 31, 2012.

        NEW SECTION. Sec. 2. A new section is added to chapter 82.32 RCW to read as follows:

        (1) 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 on how a tax incentive is used.

        (2)(a) A person who claims the tax credit under RCW 82.04.4333 shall file a complete annual survey with the department. The survey is due by March 31st following any year in which a person takes the credit under RCW 82.04.4333. The department may extend the due date for timely filing of annual surveys under this section as provided in RCW 82.32.590. The survey shall also include the following information for employment positions in Washington:

        (i) The number of total employment positions;

        (ii) Full-time, part-time, and temporary employment positions as a percent of total employment;

        (iii) The number of employment positions according to the following wage bands: Less than thirty thousand dollars; thirty thousand dollars or greater, but less than sixty thousand dollars; and sixty thousand dollars or greater. A wage band containing fewer than three individuals may be combined with another wage band;

        (iv) The number of employment positions that have employer-provided medical, dental, and retirement benefits, by each of the wage bands;

         (v) The number of people receiving qualified worker training;

        (vi) The average cost of the qualified worker training;

        (vii) The cost of the program administration; and

        (viii) The type of qualified worker training received, including the average length of training.

        (b) As part of the annual survey, the department may request additional information necessary to measure the results of, or determine eligibility for, the tax credit in RCW 82.04.4333.

        (c) All information collected under this section, except the amount of the tax credit taken under RCW 82.04.4333 is deemed taxpayer information under RCW 82.32.330. Information on the amount of the tax credit is not subject to the confidentiality provisions of RCW 82.32.330 and may be disclosed to the public upon request, except as provided in (d) of this subsection. If the amount of the tax credit as reported on the survey is different than the amount actually reduced based on the taxpayer's excise tax returns or otherwise allowed by the department, the amount actually reduced may be disclosed.

        (d) Persons for whom the actual amount of the tax credit is less than ten thousand dollars during the period covered by the survey may request the department to treat the amount of the tax reduction as confidential under RCW 82.32.330.

        (3) If a person fails to submit a complete annual survey under subsection (2) of this section by the due date or any extension under RCW 82.32.590, the department shall declare the amount of tax credit taken under RCW 82.04.4333 for the period covered by the survey to be immediately due and payable. The department shall assess interest, but not penalties, on the taxes. Interest shall be assessed at the rate provided for delinquent excise taxes under this chapter, retroactively to the date the reduced taxes were due, and shall accrue until the amount of the reduced taxes is repaid.

        (4) The department shall use the information from the annual survey required under subsection (2) of this section to prepare summary descriptive statistics by category including the number of qualified employers utilizing the credit by firm size:

        (a) Under five employees;

        (b) Five to ten employees;

        (c) Eleven to twenty-five employees; and

        (d) Twenty-six to forty-nine employees.

         The department shall report these statistics to the legislature each year by September 1st.

        (5) By November 1, 2010, 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 tax credit provided in RCW 82.04.4333 in regard to keeping Washington competitive. The report shall measure the effect of the tax credit provided in RCW 82.04.4333 on job retention, net jobs created for Washington residents, company growth, diversification of the state's economy, cluster dynamics, and other factors as the committees select. The report shall include a discussion of principles to apply in evaluating whether the legislature should extend the tax credit provided in RCW 82.04.4333.

        Sec. 3. RCW 82.32.590 and 2005 c 514 s 1001 are each amended to read as follows:

        (1) If the department finds that the failure of a taxpayer to file an annual survey under RCW 82.04.4452 or 82.04.4333 by the due date was the result of circumstances beyond the control of the taxpayer, the department shall extend the time for filing the survey. Such extension shall be for a period of thirty days from the date the department issues its written notification to the taxpayer that it qualifies for an extension under this section. The department may grant additional extensions as it deems proper.

        (2) In making a determination whether the failure of a taxpayer to file an annual survey by the due date was the result of circumstances beyond the control of the taxpayer, the department shall be guided by rules adopted by the department for the waiver or cancellation of penalties when the underpayment or untimely payment of any tax was due to circumstances beyond the control of the taxpayer.

        NEW SECTION. Sec. 4. This act takes effect January 1, 2007."

        Correct the title.

       Representative Kilmer spoke in favor of the adoption of the amendment.

       The amendment was adopted. The bill was ordered engrossed.

{{40925}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Kilmer and Haler spoke in favor of passage of the bill.

       The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2565.

ROLL CALL

       The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2565 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       ENGROSSED SUBSTITUTE HOUSE BILL NO. 2565, having received the necessary constitutional majority, was declared passed.

{{40926}}       HOUSE BILL NO. 2640, By Representatives B. Sullivan, McCoy, O'Brien, Haler, Sells, Morris, Ericks, Strow and Dunn

       Providing biotechnology product and medical device manufacturing tax incentives.

       The bill was read the second time.

       There being no objection, Substitute House Bill No. 2640 was substituted for House Bill No. 2640 and the substitute bill was placed on the second reading calendar.

       SUBSTITUTE HOUSE BILL NO. 2640 was read the second time.

{{40927}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives B. Sullivan and Orcutt spoke in favor of passage of the bill.

       The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2640.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 2640 and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 93.

       Voting nay: Representatives Appleton, Cody, Dickerson, McDermott, and Sommers - 5.

       SUBSTITUTE HOUSE BILL NO. 2640, having received the necessary constitutional majority, was declared passed.

{{40928}}       HOUSE BILL NO. 2644, By Representatives P. Sullivan, Crouse and Kilmer; by request of Department of Trade and Economic Development

       Increasing temporarily the statewide cap for the customer assistance public utility tax credit.

       The bill was read the second time.

{{40929}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives P. Sullivan and Crouse spoke in favor of passage of the bill.

       The Speaker stated the question before the House to be the final passage of House Bill No. 2644.

ROLL CALL

       The Clerk called the roll on the final passage of House Bill No. 2644 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       HOUSE BILL NO. 2644, having received the necessary constitutional majority, was declared passed.

{{40930}}       HOUSE BILL NO. 2645, By Representatives Kilmer, Crouse, P. Sullivan, Morris and Dunn; by request of Department of Community, Trade, and Economic Development

       Providing a limited public utility tax credit for gas distribution businesses.

       The bill was read the second time.

       There being no objection, Second Substitute House Bill No. 2645 was substituted for House Bill No. 2645 and the second substitute bill was placed on the second reading calendar.

       SECOND SUBSTITUTE HOUSE BILL NO. 2645 was read the second time.

{{40931}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

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

       The Speaker stated the question before the House to be the final passage of Second Substitute House Bill No. 2645.

ROLL CALL

       The Clerk called the roll on the final passage of Second Substitute House Bill No. 2645 and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 93.

       Voting nay: Representatives Dickerson, Kagi, Moeller, Ormsby, and Sommers - 5.

       SECOND SUBSTITUTE HOUSE BILL NO. 2645, having received the necessary constitutional majority, was declared passed.

{{40932}}       HOUSE BILL NO. 2671, By Representatives Ericks, Kessler, Simpson, Clibborn, Morrell, Springer, Dunn and Wallace; by request of Governor Gregoire

       Providing excise tax relief by modifying due dates and eliminating an assessment penalty.

       The bill was read the second time.

{{40933}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Ericks, McDonald, McIntire and Orcutt spoke in favor of passage of the bill.

       The Speaker stated the question before the House to be the final passage of House Bill No. 2671.

ROLL CALL

       The Clerk called the roll on the final passage of House Bill No. 2671 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       HOUSE BILL NO. 2671, having received the necessary constitutional majority, was declared passed.

{{40934}}       The Speaker called upon Representative Lovick to preside.

{{40935}}       HOUSE BILL NO. 2723, By Representatives Tom, Lantz, Priest, Clibborn, Shabro, Hunter and Green

       Eliminating the requirement for a seller's real estate disclosure of proximity to farming.

       The bill was read the second time.

       There being no objection, Substitute House Bill No. 2723 was substituted for House Bill No. 2723 and the substitute bill was placed on the second reading calendar.

       SUBSTITUTE HOUSE BILL NO. 2723 was read the second time.

{{40936}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representative 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 House Bill No. 2723.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 2723 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

       Voting nay: Representative Armstrong - 1.

       SUBSTITUTE HOUSE BILL NO. 2723, having received the necessary constitutional majority, was declared passed.

{{40937}}       HOUSE BILL NO. 2726, By Representatives Chase, Skinner, Kessler, Haler, Kilmer, Grant, Chandler, Blake, Clements, Linville, Newhouse, McCoy, Kristiansen, Kenney and Wallace

       Creating Washington manufacturing services in statute.

       The bill was read the second time.

       There being no objection, Substitute House Bill No. 2726 was substituted for House Bill No. 2726 and the substitute bill was placed on the second reading calendar.

       SUBSTITUTE HOUSE BILL NO. 2726 was read the second time.

{{40938}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Chase, Skinner, Ericksen, Armstrong, Anderson 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 House Bill No. 2726.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 2726 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

       Voting nay: Representative Nixon - 1.

       SUBSTITUTE HOUSE BILL NO. 2726, having received the necessary constitutional majority, was declared passed.

{{40939}}       HOUSE BILL NO. 2738, By Representatives Holmquist, Dunshee, Dunn, Chase, Grant, Rodne, Haler, Kessler, Kilmer, Green, Sells, Kenney, McCoy, Simpson, Roberts, Ormsby, Moeller, Morrell, Linville, Hudgins, McCune and Hinkle; by request of Governor Gregoire

       Developing minimum renewable fuel content requirements and fuel quality standards in an alternative fuels market.

       The bill was read the second time.

       There being no objection, Substitute House Bill No. 2738 was substituted for House Bill No. 2738 and the substitute bill was placed on the second reading calendar.

       SUBSTITUTE HOUSE BILL NO. 2738 was read the second time.

{{40940}}       There being no objection, amendment by the Committee on Transportation were adopted. (For committee amendment., see Journal 33^rd Day, February 10, 2006.)

       With the consent of the House, amendment (805) was with drawn.

{{40941}}       Representative Anderson moved the adoption of amendment (828):

        On page 4, after line 16, insert:

        "Sec. 8. RCW 82.04.4461 and 2003 2nd sp.s. c 1 s 7 are each amended to read as follows:

        (1)(a) In computing the tax imposed under this chapter, a credit is allowed for each person for preproduction development spending occurring after December 1, 2003.

        (b) Before July 1, 2005, any credits earned under this section must be accrued and carried forward and may not be used until July 1, 2005. These carryover credits may be used at any time thereafter, and may be carried over until used. Refunds may not be granted in the place of a credit.

        (2) The credit is equal to the amount of qualified preproduction development expenditures of a person, multiplied by the rate of 1.5 percent.

        (3) Except as provided in subsection (1)(b) of this section the credit shall be taken against taxes due for the same calendar year in which the qualified preproduction development expenditures are incurred. Credit earned on or after July 1, 2005, may not be carried over. The credit for each calendar year shall not exceed the amount of tax otherwise due under this chapter for the calendar year. Refunds may not be granted in the place of a credit.

        (4) Any person claiming the credit shall file an affidavit form prescribed by the department that shall include the amount of the credit claimed, an estimate of the anticipated preproduction development expenditures during the calendar year for which the credit is claimed, an estimate of the taxable amount during the calendar year for which the credit is claimed, and such additional information as the department may prescribe.

        (5) The definitions in this subsection apply throughout this section.

        (a) "Aeronautics" means the study of flight and the science of building and operating commercial aircraft.

        (b) "Person" means a person as defined in RCW 82.04.030, who is a manufacturer or processor for hire of commercial airplanes, or components of such airplanes, as those terms are defined in RCW 82.32.550.

        (c) "Preproduction development" means research, design, and engineering activities performed in relation to the development of a product, product line, model, or model derivative, including prototype development, testing, and certification. The term includes the discovery of technological information, the translating of technological information into new or improved products, processes, techniques, formulas, or inventions, and the adaptation of existing products and models into new products or new models, or derivatives of products or models. The term does not include manufacturing activities or other production-oriented activities, however the term does include tool design and engineering design for the manufacturing process. The term does not include surveys and studies, social science and humanities research, market research or testing, quality control, sale promotion and service, computer software developed for internal use, and research in areas such as improved style, taste, and seasonal design.

        (d) "Preproduction development spending" means qualified preproduction development expenditures plus eighty percent of amounts paid to a person other than a public educational or research institution to conduct qualified preproduction development.

        (e) "Qualified preproduction development" means preproduction development performed within this state in the field of aeronautics or eligible diesel engine design.

        (f) "Qualified preproduction development expenditures" means operating expenses, including wages, compensation of a proprietor or a partner in a partnership as determined by the department, benefits, supplies, and computer expenses, directly incurred in qualified preproduction development by a person claiming the credit provided in this section. The term does not include amounts paid to a person other than a public educational or research institution to conduct qualified preproduction development. The term does not include capital costs and overhead, such as expenses for land, structures, or depreciable property.

        (g) "Taxable amount" means the taxable amount subject to the tax imposed in this chapter required to be reported on the person's tax returns during the year in which the credit is claimed, less any taxable amount for which a credit is allowed under RCW 82.04.440.

        (h) "Eligible diesel engine" means a diesel engine designed for operating on biodiesel fuel.

        (i) "Biodiesel fuel" means a mono alkyl ester of long chain fatty acids derived from vegetable oils or animal fats for use in compression-ignition engines and that meets the requirements of the American society of testing and materials specification D 6751 in effect as of January 1, 2003.

        (6) In addition to all other requirements under this title, a person taking the credit under this section must report as required under RCW 82.32.545.

        (7) Credit may not be claimed for expenditures for which a credit is claimed under RCW 82.04.4452.

        (8) This section expires July 1, 2024.

        Sec. 9. RCW 82.04.260 and 2005 c 513 s 2 are each amended to read as follows:

        (1) Upon every person engaging within this state in the business of manufacturing:

        (a) Wheat into flour, barley into pearl barley, soybeans into soybean oil, canola into canola oil, canola meal, or canola byproducts, or sunflower seeds into sunflower oil; as to such persons the amount of tax with respect to such business shall be equal to the value of the flour, pearl barley, oil, canola meal, or canola byproduct manufactured, multiplied by the rate of 0.138 percent;

        (b) Seafood products which remain in a raw, raw frozen, or raw salted state at the completion of the manufacturing by that person; as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured, multiplied by the rate of 0.138 percent;

        (c) Dairy products that as of September 20, 2001, are identified in 21 C.F.R., chapter 1, parts 131, 133, and 135, including byproducts from the manufacturing of the dairy products such as whey and casein; or selling the same to purchasers who transport in the ordinary course of business the goods out of state; as to such persons the tax imposed shall be equal to the value of the products manufactured multiplied by the rate of 0.138 percent. As proof of sale to a person who transports in the ordinary course of business goods out of this state, the seller shall annually provide a statement in a form prescribed by the department and retain the statement as a business record;

        (d) Until July 1, 2009, alcohol fuel, biodiesel fuel, or biodiesel feedstock, as those terms are defined in RCW 82.29A.135; as to such persons the amount of tax with respect to the business shall be equal to the value of alcohol fuel, biodiesel fuel, or biodiesel feedstock manufactured, multiplied by the rate of 0.138 percent; and

        (e) Alcohol fuel or wood biomass fuel, as those terms are defined in RCW 82.29A.135; as to such persons the amount of tax with respect to the business shall be equal to the value of alcohol fuel or wood biomass fuel manufactured, multiplied by the rate of 0.138 percent.

        (2) Upon every person engaging within this state in the business of splitting or processing dried peas; as to such persons the amount of tax with respect to such business shall be equal to the value of the peas split or processed, multiplied by the rate of 0.138 percent.

        (3) Upon every nonprofit corporation and nonprofit association engaging within this state in research and development, as to such corporations and associations, the amount of tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.484 percent.

        (4) Upon every person engaging within this state in the business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only and not at retail; as to such persons the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.138 percent.

        (5) Upon every person engaging within this state in the business of acting as a travel agent or tour operator; as to such persons the amount of the tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.

        (6) Upon every person engaging within this state in business as an international steamship agent, international customs house broker, international freight forwarder, vessel and/or cargo charter broker in foreign commerce, and/or international air cargo agent; as to such persons the amount of the tax with respect to only international activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.

        (7) Upon every person engaging within this state in the business of stevedoring and associated activities pertinent to the movement of goods and commodities in waterborne interstate or foreign commerce; as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds derived from such activities multiplied by the rate of 0.275 percent. Persons subject to taxation under this subsection shall be exempt from payment of taxes imposed by chapter 82.16 RCW for that portion of their business subject to taxation under this subsection. Stevedoring and associated activities pertinent to the conduct of goods and commodities in waterborne interstate or foreign commerce are defined as all activities of a labor, service or transportation nature whereby cargo may be loaded or unloaded to or from vessels or barges, passing over, onto or under a wharf, pier, or similar structure; cargo may be moved to a warehouse or similar holding or storage yard or area to await further movement in import or export or may move to a consolidation freight station and be stuffed, unstuffed, containerized, separated or otherwise segregated or aggregated for delivery or loaded on any mode of transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling, loading, unloading, moving of cargo to a convenient place of delivery to the consignee or a convenient place for further movement to export mode; documentation services in connection with the receipt, delivery, checking, care, custody and control of cargo required in the transfer of cargo; imported automobile handling prior to delivery to consignee; terminal stevedoring and incidental vessel services, including but not limited to plugging and unplugging refrigerator service to containers, trailers, and other refrigerated cargo receptacles, and securing ship hatch covers.

        (8) Upon every person engaging within this state in the business of disposing of low-level waste, as defined in RCW 43.145.010; as to such persons the amount of the tax with respect to such business shall be equal to the gross income of the business, excluding any fees imposed under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.

        If the gross income of the taxpayer is attributable to activities both within and without this state, the gross income attributable to this state shall be determined in accordance with the methods of apportionment required under RCW 82.04.460.

        (9) Upon every person engaging within this state as an insurance agent, insurance broker, or insurance solicitor licensed under chapter 48.17 RCW; as to such persons, the amount of the tax with respect to such licensed activities shall be equal to the gross income of such business multiplied by the rate of 0.484 percent.

        (10) Upon every person engaging within this state in business as a hospital, as defined in chapter 70.41 RCW, that is operated as a nonprofit corporation or by the state or any of its political subdivisions, as to such persons, the amount of tax with respect to such activities shall be equal to the gross income of the business multiplied by the rate of 0.75 percent through June 30, 1995, and 1.5 percent thereafter. The moneys collected under this subsection shall be deposited in the health services account created under RCW 43.72.900.

        (11)(a) Beginning October 1, 2005, upon every person engaging within this state in the business of manufacturing commercial airplanes, or components of such airplanes, 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:

        (i) 0.4235 percent from October 1, 2005, through the later of June 30, 2007, or the day preceding the date final assembly of a superefficient airplane begins in Washington state, as determined under RCW 82.32.550; and

        (ii) 0.2904 percent beginning on the later of July 1, 2007, or the date final assembly of a superefficient airplane begins in Washington state, as determined under RCW 82.32.550.

        (b) Beginning October 1, 2005, upon every person engaging within this state in the business of making sales, at retail or wholesale, of commercial airplanes, or components of such airplanes, 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 airplanes or components multiplied by the rate of:

        (i) 0.4235 percent from October 1, 2005, through the later of June 30, 2007, or the day preceding the date final assembly of a superefficient airplane begins in Washington state, as determined under RCW 82.32.550; and

        (ii) 0.2904 percent beginning on the later of July 1, 2007, or the date final assembly of a superefficient airplane begins in Washington state, as determined under RCW 82.32.550.

        (c) For the purposes of this subsection (11), "commercial airplane," "component," and "final assembly of a superefficient airplane" have the meanings given in RCW 82.32.550.

        (d) In addition to all other requirements under this title, a person eligible for the tax rate under this subsection (11) must report as required under RCW 82.32.545.

        (e) This subsection (11) does not apply after the earlier of: July 1, 2024; or December 31, 2007, if assembly of a superefficient airplane does not begin by December 31, 2007, as determined under RCW 82.32.550.

        (12) Upon every person engaging within this state in the business of manufacturing eligible diesel engines, as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured multiplied by the rate of 0.2904 percent. Eligible diesel engines has the same meaning as given in RCW 82.04.4461.

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

 (1) The tax levied by RCW 82.08.020 does not apply to sales of computer hardware, computer peripherals, or software used primarily in the development, design, and engineering of eligible diesel engines, or to sales of or charges made for labor and services rendered in respect to installing the computer hardware, computer peripherals, or software. The exemption is available only when the buyer provides the seller with an exemption certificate in a form and manner prescribed by the department. The seller shall retain a copy of the certificate for the seller's files.

        (2) As used in this section:

        (a) "Eligible diesel engines" has the same meaning as given in RCW 82.04.4461.

        (b) "Peripherals" includes keyboards, monitors, mouse devices, and other accessories that operate outside of the computer, excluding cables, conduit, wiring, and other similar property.

        NEW SECTION. Sec. 11. A new section is added to chapter 82.12 RCW to read as follows: (1) The provisions of this chapter do not apply in respect to the use of computer hardware, computer peripherals, or software used primarily in the development, design, and engineering of eligible diesel engines, or to the use of labor and services rendered in respect to installing the computer hardware, computer peripherals, or software.

        (2) As used in this section:

        (a) "Eligible diesel engines" has the same meaning as given in RCW 82.04.4461.

        (b) "Peripherals" includes keyboards, monitors, mouse devices, and other accessories that operate outside of the computer, excluding cables, conduit, wiring, and other similar property."

Correct the title

POINT OF ORDER

       Representative Hunt requested a scope and object ruling on the amendment (828) to Substitute House Bill No. 2738.

{{40943}}                             SPEAKER'S RULING

       Mr. Speaker (Representative Lovick presiding): The title of Substitute House Bill No. 2738 is an act "relating to developing minimum renewable fuel content requirements and fuel quality standards." The bill amends the Motor Fuel Quality Act in chapter 19.112 RCW by establishing minimum fuel content requirements for biodiesel and ethanol, requiring the Department of Agriculture to adopt fuel quality standards for biodiesel and rules for ethanol and biodiesel, and establishing a Biofuels Advisory Committee.

       Amendment (828) changes various taxes related to the development and production of biodiesel engines. It amends 82.04 and 82.08 RCW.

       Changes to the tax code for the development and production of engines is completely unrelated to the bill's purpose of developing fuel content requirements and fuel quality standards.

       The Speaker finds the amendment is beyond the scope and object of the bill.

       Representative Hunt, your point of order is well taken."

{{40944}}       Representative Holmquist moved the adoption of amendment (798):

        Strike everything after the enacting clause and insert the following:

        "NEW SECTION. Sec. 1. The legislature finds that it is in the public interest to establish a market for alternative fuels in Washington. By requiring a growing percentage of our fuel supply to be renewable biofuel that meets appropriate fuel quality standards, we will reduce our dependence on imports of foreign oil, improve the health and quality of life for Washingtonians, and stimulate the creation of a new industry that benefits our farmers and rural communities.

        NEW SECTION. Sec. 2. A new section is added to chapter 19.112 RCW to read as follows:

        (1) Special fuel licensees under chapter 82.38 RCW, other than international fuel tax agreement licensees and special fuel distributors, shall provide evidence to the department of licensing that at least two percent of total annual diesel fuel sales are biodiesel fuel sales, when the director determines that feedstock grown in Washington state can satisfy a two-percent requirement, or the date November 30, 2008, has passed.

        (2) Special fuel licensees under chapter 82.38 RCW, other than international fuel tax agreement licensees and special fuel distributors, shall provide evidence to the department of licensing that at least five percent of total annual diesel fuel sales are biodiesel fuel sales, when the director determines that both in-state oil seed crushing capacity and feedstock grown in Washington state can satisfy a three-percent requirement.

        (3) For the purposes of this chapter, "biodiesel fuel" has the meaning provided in RCW 82.29A.135.

         (4) The director and the director of licensing shall adopt rules for enforcing and carrying out the purposes of this section.

        NEW SECTION. Sec. 3. A new section is added to chapter 19.112 RCW to read as follows:

        (1) Beginning December 1, 2008, all gasoline sold or offered for sale in Washington shall contain at least two percent denatured ethanol by volume.

        (2) If the director of ecology determines that ethanol content greater than two percent will not jeopardize continued attainment of the federal clean air act's national ambient air quality standard for ozone pollution in Washington and the director of agriculture determines that sufficient raw materials are available within Washington to support economical production of ethanol at higher levels, the director of agriculture may require by rule that all gasoline sold or offered for sale in Washington shall contain up to a maximum of ten percent of denatured ethanol by volume. The director of agriculture shall allow blenders and retailers six months to meet the new minimum content requirement.

        (3) The director of agriculture shall adopt rules for enforcing and carrying out the purposes of this section.

        Sec. 4. RCW 19.112.020 and 1990 c 102 s 3 are each amended to read as follows:

(1) This chapter shall be administered by the director or his or her authorized agent. ((For the purpose of administering this chapter,))

(2) The director shall adopt rules for maintaining standards for biodiesel fuel or fuel blended with biodiesel fuel by adopting all or part of the standards set forth in the Annual Book of ASTM Standards and supplements ((thereto, and revisions thereof, are adopted)), amendments, or revisions thereof, all or part of the standards set forth in the National Institute of Standards and Technology (NIST) Handbook 130, Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality rules, and any supplements, amendments, or revisions thereof, together with applicable federal environmental protection agency standards. If a conflict exists between federal environmental protection agency standards, ASTM standards, or ((state)) NIST standards, for purposes of uniformity, federal environmental protection agency standards shall take precedence over ASTM and NIST standards. ((Any state standards adopted must be consistent with federal environmental protection agency standards and ASTM standards not in conflict with federal environmental protection agency standards.)) The department of agriculture shall not exceed ASTM standards for diesel.

(3) The director may establish a fuel testing laboratory or may contract with a laboratory for testing. The director may also adopt rules on false and misleading advertising, labeling and posting of prices, and the standards for, and identity of, motor fuels. The director shall require fuel pumps offering biodiesel and ethanol blends to be identified by a label stating the percentage of biodiesel or ethanol.

        NEW SECTION. Sec. 5. A new section is added to chapter 19.112 RCW to read as follows:

        The director shall establish a biofuels advisory committee to advise the director on implementing or suspending the minimum renewable fuel content requirements. The committee shall advise the director on applicability to all users; logistical, technical, and economic issues of implementation; and how the use of renewable fuel blends greater than two percent could achieve the goals of this act. The director shall make recommendations to the legislature and the governor on the implementation or suspension of this act by September 1, 2007.

        NEW SECTION. Sec. 6. A new section is added to chapter 19.112 RCW to read as follows:

        The governor, by executive order, may suspend all or portions of the minimum renewable fuel content requirements in section 2 or 3 of this act, or both, based on a determination that such requirements are temporarily technically or economically infeasible.

        NEW SECTION. Sec. 7. A new section is added to chapter 19.112 RCW to read as follows:

        (1) By November 30, 2008, the director shall determine whether the state's diesel fuel supply is comprised of at least ten percent biodiesel made predominantly from Washington feedstock, and whether the goals of section 2 of this act have been achieved.

        (2) By November 30, 2008, the director shall determine whether the state's gasoline fuel supply is comprised of at least five percent ethanol made predominantly from Washington feedstock, without jeopardizing continued attainment of the federal clean air act's national ambient air quality standard for ozone pollution, and whether the goals of section 3 of this act have been achieved.

        (3) By December 1, 2008, the director shall notify the governor and the legislature of the findings in subsections (1) and (2) of this section.

        (4) If the findings from the director indicate that the goals of section 2 or 3 of this act, or both, have been achieved, then the governor shall issue an executive order declaring that section 2 or 3 of this act, or both, are no longer applicable."

       Representatives Ericksen moved the adoption of amendment (804) to amendment (798):

        On page 1, beginning on line 3 of the amendment, strike everything and insert the following:

        "Sec. 1. RCW 43.19.642 and 2003 c 17 s 2 are each amended to read as follows:

        (1) All state agencies are encouraged to use a fuel blend of twenty percent biodiesel and eighty percent petroleum diesel for use in diesel-powered vehicles and equipment. The department shall ensure that the fuel used is produced from feedstock grown in Washington state.

        (2) Effective ((June)) July 1, 2006, for agencies complying with the ultra-low sulfur diesel mandate of the United States environmental protection agency for on-highway diesel fuel, agencies shall use biodiesel as an additive to ultra-low sulfur diesel for lubricity, except for vehicles engaged in fire suppression and life support activities((, provided that the use of a lubricity additive is warranted and that the use of biodiesel is comparable in performance and cost with other available lubricity additives)). The amount of biodiesel added to the ultra-low sulfur diesel fuel shall be not less than:

        (a) two percent, if both in-state oil seed crushing capacity and feedstock grown, produced, and refined in Washington state can fully satisfy the two percent requirement;

        (b) five percent, if feedstock grown, produced, and refined in Washington state can fully satisfy a five percent requirement;

        (c) ten percent, if feedstock grown, produced, and refined in Washington state can fully satisfy a ten percent requirement; and

        (d) twenty percent, if feedstock grown, produced, and refined in Washington state can fully satisfy a ten percent requirement.

        NEW SECTION. Sec. 2. A new section is added to chapter 19.112 RCW to read as follows:
       The director shall establish a biofuels advisory committee to advise the director on implementing or suspending the minimum renewable fuel content standards for state agencies. The committee shall advise the director on applicability to all users; logistical, technical and economic issues of implementation; and how the use of renewable fuel blends greater than two percent could achieve the goals of this act. The director shall make recommendations to the legislature and the governor on the implementation of this act by September 1, 2007.

        NEW SECTION. Sec. 3. The office of financial management shall conduct a fiscal impact study of the cost impacts of this act on state government. The office shall report its findings to the relevant committees of the legislature by November 1st, 2006."

        Correct the title.

       Representatives Ericksen, Armstrong, Buck, Buri and Kretz spoke in favor of the adoption of the amendment to the amendment.

       Representative Morris, B. Sullivan and Dunshee spoke against the adoption of the amendment to the amendment.

{{40945}}       An electronic roll call vote was requested and the request was granted.

       The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (804) to amendment (789) to Substitute House Bill No. 2738.

ROLL CALL

       The Clerk called the roll on the adoption of amendment (804) to amendment (789) to Substitute House Bill No. 2738, and the amendment was not adopted by the following vote: Yeas - 44, Nays - 54, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Jarrett, Kretz, Kristiansen, McCune, McDonald, Moeller, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Simpson, Skinner, Strow, Sump, Tom, Walsh and Woods - 44.

       Voting nay: Representatives Appleton, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Holmquist, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Talcott, Upthegrove, Wallace, Williams, Wood and Mr. Speaker - 54.

{{40946}}       Representative Holmquist moved the adoption of amendment (807) to amendment (798):

        On page 4, after line 15, insert the following:

        "NEW SECTION. Sec. 8. A new section is added to chapter 19.112 RCW to read as follows:

        (1) If either or both of the goals in sections 2 and 3 of this act are not achieved by November 30, 2008, the director shall monitor the state's diesel and gasoline fuel supply until such time as those goals, or either of them, is met.

        (2) The director shall report to the governor and the legislature November 30th of the year in which a goal is met.

        (3) Following notification under this section that a goal has been met, the governor shall prepare executive request legislation repealing section 2 or 3 of this act, or both, as applicable."

       Representatives Holmquist and Morris spoke in favor of the adoption of the amendment to the amendment.

       The amendment to the amendment was adopted.

       Amendment (798) as amended was adopted. The bill was ordered engrossed.

{{40948}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Holmquist, Morris and Dunshee spoke in favor of passage of the bill.

       Representative Curtis, Nixon, Schindler and Ericksen spoke against the passage of the bill.

       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2738.

ROLL CALL

       The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2738 and the bill passed the House by the following vote: Yeas - 70, Nays - 28, Excused - 0.

       Voting yea: Representatives Ahern, Anderson, Appleton, Campbell, Chase, Clements, Clibborn, Cody, Conway, Darneille, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Hankins, Hasegawa, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Priest, Quall, Roberts, Rodne, Santos, Schual-Berke, Sells, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Takko, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 70.

       Voting nay: Representatives Alexander, Armstrong, Bailey, Blake, Buck, Buri, Chandler, Condotta, Cox, Crouse, Curtis, DeBolt, Ericksen, Haigh, Haler, Hinkle, Kretz, Kristiansen, Newhouse, Nixon, Orcutt, Pearson, Roach, Schindler, Serben, Shabro, Sump and Talcott - 28.

       ENGROSSED SUBSTITUTE HOUSE BILL NO. 2738, having received the necessary constitutional majority, was declared passed.

{{40949}}       HOUSE BILL NO. 2917, By Representatives P. Sullivan, Kristiansen, Simpson, Linville, Blake and Ericks; by request of Department of Agriculture

       Identifying accessory uses on agricultural lands.

       The bill was read the second time.

       There being no objection, Substitute House Bill No. 2917 was substituted for House Bill No. 2917 and the substitute bill was placed on the second reading calendar.

       SUBSTITUTE HOUSE BILL NO. 2917 was read the second time.

{{40950}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives P. Sullivan, Kristiansen, Walsh 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 Substitute House Bill No. 2917.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute House Bill No. 2917 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 98.

       SUBSTITUTE HOUSE BILL NO. 2917, having received the necessary constitutional majority, was declared passed.

       There being no objection, HOUSE BILL NO. 3084 was removed from the Suspension Calendar and placed on Second Reading calendar.

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

INTRODUCTION & 1^ST READING

HB 3310       by Representatives Bailey, Linville, Kessler, Morrell, Clibborn and Morris

        AN ACT Relating to health care coverage statutory requirements; and creating new sections.

       Held on 1^st Reading.

{{44118}}SSB 5126     by Senate Committee on Ways & Means (originally sponsored by Senators Kohl-Welles, Kastama, Roach and Keiser)

        AN ACT Relating to developing policies, procedures, and mandatory training programs on sexual harassment for all state employees; adding a new section to chapter 41.06 RCW; providing an effective date; and declaring an emergency.

       Referred to Committee on Appropriations.

{{44119}}ESB 5179     by Senators Morton, Jacobsen, Sheldon and Stevens

        AN ACT Relating to forest health; creating new sections; and providing an expiration date.

       Referred to Committee on Appropriations.

{{44120}}SB 5325       by Senators Zarelli, Brown, Doumit, Kline, Shin, Sheldon, Pflug, Mulliken, Kohl-Welles, Rasmussen and Pridemore

        AN ACT Relating to community revitalization financing; amending RCW 39.89.020, 39.89.030, 39.89.050, 39.89.060, 39.89.070, and 39.89.080; adding new sections to chapter 39.89 RCW; adding new sections to chapter 82.14 RCW; adding a new section to chapter 82.32 RCW; and creating new sections.

       Referred to Committee on Economic Development, Agriculture & Trade.

{{44121}}ESB 5527     by Senators Morton, Mulliken, Schoesler, Carrell, Benson, Honeyford, McCaslin and Stevens

        AN ACT Relating to prohibiting automatic fee increases; and amending RCW 43.135.055.

       Referred to Committee on Finance.

{{44122}}2ESB 6010   by Senator Fairley

        AN ACT Relating to employment rights of peace corps and humanitarian organization volunteers and faith-based missionaries; and adding a new section to chapter 41.06 RCW.

       Referred to Committee on State Government Operations & Accountability.

{{44123}}SB 6159       by Senators Jacobsen, Oke and Spanel

        AN ACT Relating to recreational fishing for albacore tuna; and amending RCW 77.32.010.

       Referred to Committee on Natural Resources, Ecology & Parks.

{{44124}}SSB 6185     by Senate Committee on Labor, Commerce, Research & Development (originally sponsored by Senators Keiser, Kohl-Welles, Thibaudeau, Kline and Poulsen)

        AN ACT Relating to family and medical leave; amending RCW 49.78.010 and 49.78.020; adding new sections to chapter 49.78 RCW; creating a new section; repealing RCW 49.78.005, 49.78.030, 49.78.040, 49.78.050, 49.78.060, 49.78.070, 49.78.080, 49.78.100, 49.78.110, 49.78.120, 49.78.130, 49.78.140, 49.78.150, 49.78.160, 49.78.170, 49.78.180, 49.78.190, and 49.78.200; and prescribing penalties.

       Referred to Committee on Commerce & Labor.

{{44125}}SSB 6188     by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Johnson, Keiser, Oke, Rockefeller, Thibaudeau and Kohl-Welles)

        AN ACT Relating to health benefit plans offering coverage for prostate cancer screening; adding a new section to chapter 41.05 RCW; adding a new section to chapter 48.20 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.44 RCW; adding a new section to chapter 48.46 RCW; adding a new section to chapter 48.125 RCW; adding a new section to chapter 70.47 RCW; and adding a new section to chapter 74.09 RCW.

       Referred to Committee on Appropriations.

{{44126}}SSB 6221     by Senate Committee on Government Operations & Elections (originally sponsored by Senators Franklin, Kline, Kastama, Keiser, Regala and Jacobsen)

        AN ACT Relating to use of public funds for political purposes; and amending RCW 42.17.128.

       Referred to Committee on State Government Operations & Accountability.

{{44127}}SSB 6246     by Senate Committee on Government Operations & Elections (originally sponsored by Senators Kastama, Roach, Eide, Pflug and Shin; by request of Lieutenant Governor)

        AN ACT Relating to the office of lieutenant governor; adding a new chapter to Title 43 RCW; creating a new section; and recodifying RCW 44.04.270, 44.52.010, 44.52.020, 44.52.030, 44.52.040, 44.52.050, 44.52.060, 44.52.070, 44.52.900, 44.52.901, 43.342.010, and 43.342.020.

       Referred to Committee on State Government Operations & Accountability.

{{44128}}SSB 6262     by Senate Committee on Labor, Commerce, Research & Development (originally sponsored by Senators Kohl-Welles, Parlette, Honeyford, Keiser, Prentice and Kline; by request of Department of Labor & Industries)

        AN ACT Relating to establishing a pilot program to allow employers to assist employees in completing applications for industrial insurance benefits; and amending RCW 51.28.015.

       Referred to Committee on Commerce & Labor.

{{44129}}SB 6280       by Senator Regala

        AN ACT Relating to removing the irrevocable dedication requirement for exemption from property tax for property owned by nonprofit entities; and amending RCW 84.36.805.

       Referred to Committee on Finance.

{{44130}}SB 6344       by Senators Kline, Kohl-Welles, Hargrove, Rockefeller, Shin and Benton

        AN ACT Relating to the collection of personally identifiable information by state agencies; and amending RCW 43.105.020 and 43.105.052.

       Referred to Committee on State Government Operations & Accountability.

{{44131}}SB 6371       by Senators Rasmussen, Schoesler, Shin, Jacobsen and Sheldon; by request of Department of Agriculture

        AN ACT Relating to dead animal disposal; amending RCW 16.68.020; adding a new section to chapter 16.36 RCW; and recodifying RCW 16.68.020.

       Referred to Committee on Economic Development, Agriculture & Trade.

{{44132}}ESSB 6428   by Senate Committee on Water, Energy & Environment (originally sponsored by Senators Pridemore, Esser, Poulsen, Morton, Schmidt, Fairley, Benson, Berkey, Regala, Kohl-Welles, Weinstein, Prentice, Kastama, Johnson, Thibaudeau, Kline, Eide, Shin, Rockefeller, Jacobsen, Haugen, Doumit, Oke, Franklin, Swecker, Carrell, Rasmussen, Spanel, Fraser, McAuliffe, Keiser, Brown, Finkbeiner, Brandland and Benton)

        AN ACT Relating to providing electronic product recycling through manufacturer financed opportunities; amending RCW 42.56.270; adding a new section to chapter 43.19 RCW; adding a new chapter to Title 70 RCW; creating a new section; prescribing penalties; and providing an effective date.

       Referred to Committee on Appropriations.

{{44133}}SSB 6540     by Senate Committee on Labor, Commerce, Research & Development (originally sponsored by Senators Kohl-Welles, Parlette and Keiser; by request of Liquor Control Board)

        AN ACT Relating to processing liquor licenses; and amending RCW 66.24.010.

       Referred to Committee on Commerce & Labor.

{{44134}}SSB 6617     by Senate Committee on Agriculture & Rural Economic Development (originally sponsored by Senators Haugen and Rasmussen)

        AN ACT Relating to verification of the contents of farm plans prepared by conservation districts; amending RCW 42.56.270; adding a new section to chapter 89.08 RCW; and providing an effective date.

       Referred to Committee on Local Government.

{{44135}}ESSB 6776   by Senate Committee on Water, Energy & Environment (originally sponsored by Senators Finkbeiner, Poulsen, Weinstein, Esser, Rasmussen, Keiser, Oke, Kline and Kohl-Welles)

        AN ACT Relating to prohibiting the unauthorized sale of telephone records; reenacting and amending RCW 9A.82.010; adding a new section to chapter 9.26A RCW; and prescribing penalties.

       Referred to Committee on Technology, Energy & Communications.

{{44136}}SB 6816       by Senator Zarelli

        AN ACT Relating to cemetery districts; and amending RCW 68.52.210.

       Referred to Committee on Local Government.

{{44137}}ESSB 6870   by Senate Committee on Transportation (originally sponsored by Senator Haugen)

        AN ACT Relating to the board of pilotage commissioners' training program; amending RCW 88.16.035; amending 2005 c 313 s 204 (uncodified); creating a new section; making an appropriation; and declaring an emergency.

       Referred to Committee on Transportation.

{{44138}}SJM 8039     by Senators Brown, Kohl-Welles, Franklin, Pridemore and Thibaudeau

        Requesting changes to the Medicare Modernization Act.

       Referred to Committee on Health Care.

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

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

       There being no objection, the House adjourned until 9:00 a.m., February 11, 2006, the 34^th Day of the Regular Session.

FRANK CHOPP, Speaker

RICHARD NAFZIGER, Chief Clerk