FIFTY NINTH LEGISLATURE - REGULAR SESSION
THIRTY SIXTH DAY
House Chamber, Olympia, Monday, February 13, 2006
The House was called to order at 10:00 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.
The flags was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Brooke Daniels-Brown and Tyler Best. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Pastor Sandra Kreis, St. Christopher's Episcopal Church.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
RESOLUTION
HOUSE RESOLUTION NO. 2006-4697, By Representatives Haler and Hankins
WHEREAS, On December 2, 2005, the Prosser High School Mustangs became one of the first teams in the state of Washington to compete for the football state championship for a 6th time; and
WHEREAS, The Prosser High School Mustangs had a season record of 13-2 and advanced to the State Championship Game; and
WHEREAS, On November 19, 2005, on their way to the state championship game, the Prosser High School Mustangs defeated the four-time defending class 3A champions with a 38-35 victory over the Bellevue Wolverines at Neil F. Lampson Field in Kennewick; and
WHEREAS, The Prosser High School Mustangs were expected by many to be brushed aside by the nationally recognized Wolverines; however, due to their skill and determination they defeated the Wolverines and brought a much deserved win to Eastern Washington; and
WHEREAS, The ironclad determination of the Prosser High School Mustangs' defense held the Wolverines to just 289 yards, almost 100 yards below their season average; and
WHEREAS, The Prosser High School Mustangs Coaching Staff, led by Head Coach Tom Moore, provided invaluable leadership, motivation, and direction to the players; and
WHEREAS, With senior leadership provided by Tylan Watkins, Adrian Washington, Travis Fanciullo, Danny Lochrie, Ivan Merino, Nick Long, Nick Edwards, David Starkey, Chris Shepherd, Jake Martin, Jaycobb Gagner, Ty Hartley, Cameron Brophy, Chad Don, and Trent Crabtree, the Prosser High School Mustangs have won the Mid-Valley League title 18 of the last 19 years; and
WHEREAS, The Prosser High School Mustangs dominated All League and All Area selections led by seniors - Nick Edwards, Jake Martin, Ty Hartley, Danny Lochrie, Ivan Merino, Cameron Brophy, juniors - Kellen Moore, Bobby Humphreys, Jared Hancock, Nick Boydson, Cody Frank, Josh Beck, and sophomore - Cody Bruns; and
WHEREAS, The Prosser High School Mustangs' Quarterback Kellen Moore set the state records for completions, yardage, and touchdowns in a single season; and
WHEREAS, Every senior on the Prosser High School Mustangs team has completed 20 or more hours of community service as part of their School to Life Program; and
WHEREAS, In addition to Prosser High School having a fantastic football year, it also showed a significant increase in the percentage of students who passed the WASL, with a 20-percent increase in reading, a 12.9-percent increase in math, and a 12.5-percent increase in writing;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize and congratulate all the Prosser High School Mustangs team members, coaches, staff, faculty, students, parents, and the community for the extraordinary job well done and for their incredible achievements; and
BE IT FURTHER RESOLVED, That a copy of this
resolution be immediately transmitted by the Chief Clerk of the
House of Representatives to the Prosser Superintendent Ray
Tolcacher, Principals Kevin Lusk and Kelly Thorson, Athletic
Director Casey Gant, Coach Tom Moore and his Assistant
Coaches, and each member of the Prosser High School
Mustangs Football Team.
Representative Haler moved the adoption of the resolution.
Representatives Haler and Hankins spoke in favor of the adoption of the resolution.
HOUSE RESOLUTION NO. 4697 was adopted.
The Speaker (Representative Lovick presiding) introduced Prosser High School Principal, Kevin Lusk, Athletic Director Casey Grant, Head Coach Tom Moore, Assistant Coaches Doug Fassler, Rich Harris Jay Dedd and Mark Little, and Team Captains Jake Martin, Nick Edwards, Cameron Brophy, Kellen Moore and Danny Lochire.
RESOLUTION
HOUSE RESOLUTION NO. 2006-4700, By Representatives Skinner, Clements and Hankins
WHEREAS, Twenty school districts in the state have established policies which allow a student representative from a high school in the district to serve as a nonvoting member of the district's school board; and
WHEREAS, The student representative serves as a liaison between the students and the school board and attends school board meetings, at which he or she reports student activities, concerns, and opinions, and contributes to board discussions, but does not vote or attend executive meetings; and
WHEREAS, The student representative communicates board issues and decisions to students through participation in Associated Student Body meetings or other means; and
WHEREAS, Jessica DeWitt from East Valley High School of Yakima is one of those student representatives, and her efforts, like the efforts of other students so honored, have helped to present a valuable perspective to school board deliberations, as well as a professional and direct avenue for student concerns to be voiced; and
WHEREAS, The student representative position offers students an opportunity to develop and refine leadership and public speaking skills, to interact with community leaders, and to gain knowledge of school board issues and procedures, as well as respect for public service;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize the contributions of Jessica DeWitt, and all other students who serve as student representatives to school district boards; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Jessica DeWitt, The East Valley School District, and the Washington State School Directors' Association.
Representative Skinner moved the adoption of the resolution.
Representative Skinner spoke in favor of the adoption of the resolution.
HOUSE RESOLUTION NO. 4700 was adopted.
The Speaker (Representative Lovick presiding) recognized Jessica Dewitt and students from East Valley High School.
MESSAGES FROM THE SENATE
February 11, 2006
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 6417,
SUBSTITUTE SENATE BILL NO. 6552,
SUBSTITUTE SENATE BILL NO. 6670,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6800,
SUBSTITUTE SENATE BILL NO. 6830,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6839,
SUBSTITUTE SENATE BILL NO. 6853,
and the same are herewith transmitted.
Thomas Hoemann, Secretary
February 11, 2006
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6106,
SUBSTITUTE SENATE BILL NO. 6225,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6244,
SUBSTITUTE SENATE BILL NO. 6247,
SUBSTITUTE SENATE BILL NO. 6528,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6566,
SUBSTITUTE SENATE BILL NO. 6785,
SUBSTITUTE SENATE BILL NO. 6794,
and the same are herewith transmitted.
Thomas Hoemann, Secretary
February 11, 2006
Mr. Speaker:
The Senate has passed:
ENGROSSED SENATE BILL NO. 5330,
ENGROSSED SENATE BILL NO. 6433,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6480,
and the same are herewith transmitted.
Thomas Hoemann, Secretary
There being no objection, the House advanced to the seventh order of business.
THIRD READING
HOUSE JOINT RESOLUTION NO. 4202, By Representatives Simpson, P. Sullivan, Nixon, Buck, Springer, Hankins, Haler, Quall, B. Sullivan, Kessler, Morris, Roberts and Chase
Authorizing investment of hospital district funds.
The bill was read the third time.
Representatives Simpson and Schindler spoke in favor of passage of the joint resolution.
The Speaker stated the question before the House to be the final passage of House Joint Resolution No. 4202.
MOTION
On motion of Representative Clements, Representatives Ahern and Curtis were excused.
ROLL CALL
The Clerk called the roll on the final passage of House Joint Resolution No. 4202 and the joint resolution passed the House by the following vote: Yeas - 95, Nays - 1, Excused - 2.
Voting yea: Representatives 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, Tom, Upthegrove, Wallace, Walsh, Williams, Wood and Woods - 95.
Voting nay: Mr. Speaker - 1.
Excused: Representatives Ahern and Talcott - 2.
HOUSE JOINT RESOLUTION NO. 4202, having received the necessary two-thirds majority, was declared passed.
SUBSTITUTE HOUSE BILL NO. 1341, By House Committee on Local Government (originally sponsored by Representatives Simpson, P. Sullivan, Nixon, Buck, Springer, Hankins, Haler, Quall, B. Sullivan, Kessler, Morris, Roberts and Chase)
Authorizing additional investment authority for specified hospital districts.
The bill was read the third time.
Representatives Simpson and Schindler 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. 1341.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1341 and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Excused - 2.
Voting yea: Representatives 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, Tom, Upthegrove, Wallace, Walsh, Williams, Wood and Woods - 95.
Voting nay: Mr. Speaker - 1.
Excused: Representatives Ahern and Talcott - 2.
SUBSTITUTE HOUSE BILL NO. 1341, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 1763, By Representatives B. Sullivan, Cody, Walsh and Nixon
Repealing RCW 68.50.560.
The bill was read the third time.
Representatives B. Sullivan and Hinkle 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. 1763.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1763 and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, 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, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 94.
Voting nay: Representatives Curtis and Tom - 2.
Excused: Representatives Ahern and Talcott - 2.
HOUSE BILL NO. 1763, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE HOUSE BILL NO. 1765, By House Committee on Commerce & Labor (originally sponsored by Representatives Chase, Newhouse, Eickmeyer, Buri, Appleton, B. Sullivan and Dunn)
Allowing auctioneers to auction vessels without registering as a vessel dealer.
The bill was read the third time.
There being no objection, the rules were suspended and SUBSTITUTE HOUSE BILL NO. 1765 was returned to second reading for purpose of amendments.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1765, By House Committee on Commerce & Labor (originally sponsored by Representatives Chase, Newhouse, Eickmeyer, Buri, Appleton, B. Sullivan and Dunn)
Allowing auctioneers to auction vessels without registering as a vessel dealer.
Representative Chase moved adoption of amendment (691):
On page 2, line 3, after "business" insert "and the length of any vessel being sold is no greater than 25 feet"
Representatives Chase and Condotta spoke in favor of adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Chase and Condotta 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. 1765.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1765 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Excused - 2.
Voting yea: Representatives 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, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 96.
Excused: Representatives Ahern and Talcott - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1765, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2349, By Representatives Morris, Hudgins, Chase, Murray, Darneille, Dickerson, B. Sullivan and Sells
Providing new renewable energy standards.
The bill was read the second time.
There being no objection, Second Substitute House Bill No. 2349 was substituted for House Bill No. 2349 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 2349 was read the second time.
With the consent of the House, amendments (820), (755) and (852) were withdrawn.
Representative Morris moved the adoption of amendment (839):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) Except as provided under subsection (2), the state agency with the largest electricity load in its service territory must, at the request of the generator to the agency in writing, purchase all available anaerobic digester power from their local utility to the extent that it does not exceed the agency's local annual electricity consumption. State agencies shall pay for anaerobic digester power at a rate no less than the retail price of a qualified alternative energy product that their local utility charges its customers under RCW 19.29A.090.
(2) State agencies are not required to purchase all available anaerobic digester power from their local utility if their utility is exempt from offering a qualified alternative energy product.
(3) To the extent that a utility purchases power from an anaerobic digestion power producer in its service territory, the utility must pay the anaerobic digestion power producer for electricity produced at a rate no less than the retail price the utility charges its customers for a qualified alternative energy product under RCW 19.29A.090 minus administrative costs."
Representatives Morris and Crouse spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Morris, Hudgins and Morris (again) spoke in favor of passage of the bill.
Representatives Crouse, Armstrong and Clements spoke against the passage of the bill.
There being no objection, the House deferred action on ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2349, and it held it's place on the Third Reading calendar.
HOUSE BILL NO. 2416, By Representatives Kessler, Hasegawa, Hunt, Haigh, McIntire, Dunshee, B. Sullivan and Takko
Establishing an optional state parks vehicle registration fee.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2416 was substituted for House Bill No. 2416 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2416 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kessler, Buck, Ericksen, Priest, Strow and Kretz 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. 2416.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2416 and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Excused - 2.
Voting yea: Representatives 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, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, 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, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 94.
Voting nay: Representatives Hudgins and Murray - 2.
Excused: Representatives Ahern and Talcott - 2.
SUBSTITUTE HOUSE BILL NO. 2416, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2457, By Representatives Grant, Williams, Blake, Clibborn, Linville, Cox, Buck, Haigh, Sump, Newhouse, Walsh, Buri, Haler, Morrell, Morris, Ericks, Strow, O'Brien and Holmquist
Providing excise tax relief for farm machinery and equipment.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2457 was substituted for House Bill No. 2357 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2457 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Grant, Orcutt, Hinkle, Newhouse and McIntire 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. 2457.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2457 and the bill passed the House by the following vote: Yeas - 86, Nays - 10, Excused - 2.
Voting yea: Representatives 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, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hinkle, Holmquist, Hunt, Hunter, Jarrett, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, 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, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 86.
Voting nay: Representatives Cody, Dickerson, Flannigan, Hasegawa, Hudgins, Kagi, Ormsby, Sommers, Tom and Upthegrove - 10.
Excused: Representatives Ahern and Talcott - 2.
SUBSTITUTE HOUSE BILL NO. 2457, having received the necessary constitutional majority, was declared passed.
The Speaker called upon Representative Lovick to preside.
HOUSE BILL NO. 1964, By Representatives Walsh, Grant, Haler, McIntire, Conway, Hankins and Chase
Designating the Walla Walla sweet onion as the official Washington state vegetable.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Walsh, Grant, DeBolt, Nixon, Springer 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. 1964.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1964 and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Excused - 2.
Voting yea: Representatives 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, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 95.
Voting nay: Representative Sells - 1.
Excused: Representatives Ahern and Talcott - 2.
HOUSE BILL NO. 1964, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2669, By Representatives Cody, Green, Morrell, Clibborn, Campbell, Moeller, Priest and Lantz
Licensing specialty hospitals.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2669 was substituted for House Bill No. 2669 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2669 was read the second time.
With the consent of the House, amendments (742) and (741) were withdrawn.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Cody spoke in favor of passage of the bill.
Representatives Hinkle and Curtis spoke against the 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. 2669.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2669 and the bill passed the House by the following vote: Yeas - 65, Nays - 31, Excused - 2.
Voting yea: Representatives Appleton, Blake, Buck, Buri, Campbell, Chase, Clibborn, Cody, Conway, Cox, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Lantz, Linville, Lovick, McCoy, McDermott, Miloscia, Moeller, Morrell, Murray, O'Brien, Ormsby, Pettigrew, Priest, Quall, Roach, Roberts, Santos, Schual-Berke, Sells, Serben, Shabro, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Sump, Takko, Upthegrove, Wallace, Walsh, Williams, Wood and Mr. Speaker - 65.
Voting nay: Representatives Alexander, Anderson, Armstrong, Bailey, Chandler, Clements, Condotta, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Kristiansen, McCune, McDonald, McIntire, Morris, Newhouse, Nixon, Orcutt, Pearson, Rodne, Schindler, Skinner, Strow, Tom and Woods - 31.
Excused: Representatives Ahern and Talcott - 2.
SUBSTITUTE HOUSE BILL NO. 2669, having received the necessary constitutional majority, was declared passed.
I intended to vote YEA on SUBSTITUTE HOUSE BILL NO. 2669.
LARRY HALER, 8th District
I intended to vote YEA on SUBSTITUTE HOUSE BILL NO. 2669.
KIRK PEARSON, 39th District
HOUSE BILL NO. 3186, By Representatives Dickerson and Rodne
Modifying disposition orders.
The bill was read the second time.
There being no objection, Substitute House Bill No. 3186 was substituted for House Bill No. 3186 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 3186 was read the second time.
Representative Dickerson moved the adoption of amendment (743):
On page 2, line 29, after "(6)" strike all material through "officer" and insert "The prosecuting attorney, upon request by the juvenile court probation officer,"
On page 2, line 35, after "respondent" insert ", the victim,"
Representatives Dickerson and McDonald spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Dickerson 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 Engrossed Substitute House Bill No. 3186.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3186 and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, 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, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 95.
Voting nay: Representative Clibborn - 1.
Excused: Representatives Ahern and Talcott - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 3186, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3237, By Representatives Hunter, Eickmeyer, Simpson, Grant, Linville, Hankins and Jarrett
Reviewing the funding and management of state aquatic lands.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Hunter 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. 3237.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3237 and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, 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, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 95.
Voting nay: Representative DeBolt - 1.
Excused: Representatives Ahern and Talcott - 2.
HOUSE BILL NO. 3237, having received the necessary constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
February 13, 2006
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 6168,
ENGROSSED SENATE BILL NO. 6169,
SECOND SUBSTITUTE SENATE BILL NO. 6197,
SUBSTITUTE SENATE BILL NO. 6223,
SUBSTITUTE SENATE BILL NO. 6287,
SUBSTITUTE SENATE BILL NO. 6365,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6508,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6630,
and the same are herewith transmitted.
Thomas Hoemann, Secretary
There being no objection, the House advanced to the seventh order of business.
THIRD READING
There being no objection, the House immediately resumed consideration of ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2349 on third reading.
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 Engrossed Second Substitute House Bill No. 2349.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2349 and the bill passed the House by the following vote: Yeas - 61, Nays - 36, Excused - 1.
Voting yea: Representatives Anderson, Appleton, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rodne, Santos, Schual-Berke, Sells, Simpson, Skinner, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Williams, Wood and Mr. Speaker - 61.
Voting nay: Representatives Alexander, Armstrong, Bailey, Buck, Buri, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Haler, Hinkle, Holmquist, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Roberts, Schindler, Serben, Shabro, Strow, Sump, Talcott, Tom, Walsh and Woods - 36.
Excused: Representative Ahern - 1.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2349, having received the necessary constitutional majority, was declared passed.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2706, By Representatives Hunter, Sommers, Tom, Anderson, Talcott, Quall, McIntire, Dunn, Green, Kenney and Lantz
Regarding a more rigorous curriculum for high school graduation.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2706 was substituted for House Bill No. 2706 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2706 was read the second time.
With the consent of the House, amendment (790) was withdrawn.
Representative Hunt moved the adoption of amendment (844):
On page 2, line 5, after "in the" strike "2010-11" and insert "2012-13"
Representative Hunt spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hunter, Tom, Santos, Talcott, Dunn and Clements spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2706.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2706 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, 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, 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 Hasegawa and Roberts - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2706, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2910, By Representatives Quall, Talcott, P. Sullivan, Shabro, Santos, Hunt, Anderson and Kenney
Requiring a study of environmental education.
The bill was read the second time.
Representative Quall moved the adoption of amendment (868):
On page 2, line 5, after "environmental" insert ", natural science, wildlife, forestry, and agriculture"
Representatives Quall and Shabro spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
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 Shabro 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. 2910.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2910 and the bill passed the House by the following vote: Yeas - 79, Nays - 19, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Bailey, Blake, Buri, Campbell, Chase, Clements, Clibborn, Cody, Conway, Cox, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Ericksen, 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, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schual-Berke, Sells, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 79.
Voting nay: Representatives Armstrong, Buck, Chandler, Condotta, Crouse, Curtis, DeBolt, Dunn, Hinkle, Holmquist, Kretz, Kristiansen, McCune, Newhouse, Orcutt, Pearson, Schindler, Serben and Sump - 19.
ENGROSSED HOUSE BILL NO. 2910, having received the necessary constitutional majority, was declared passed.
I intended to vote NAY on ENGROSSED HOUSE BILL NO. 2910.
JOHN AHERN, 6th District
HOUSE BILL NO. 2422, By Representatives B. Sullivan, Chase and Conway
Providing funding for state and local parks.
The bill was read the second time.
There being no objection, Second Substitute House Bill No. 2422 was substituted for House Bill No. 2422 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 2422 was read the second time.
Representative Clements moved the adoption of amendment (871):
On page 1, line 16, after "materialized." insert "The legislature further finds that the commission shall utilize the authority to lease parks under RCW 79A.05.030 (5) to the fullest extent practicable to allow local governments or nonprofit organizations to operate state park facilities before closing any facility."
Representative Clements spoke in favor of the adoption of the amendment.
Representative B. Sullivan spoke against the adoption of the amendment.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative B. Sullivan spoke in favor of passage of the bill.
Representative Alexander spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 2422.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2422 and the bill passed the House by the following vote: Yeas - 62, Nays - 36, Excused - 0.
Voting yea: Representatives Appleton, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Tom, Upthegrove, Wallace, Walsh, Williams, Wood and Mr. Speaker - 62.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott and Woods - 36.
SECOND SUBSTITUTE HOUSE BILL NO. 2422, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2815, By Representatives Simpson, Jarrett, Springer and Lantz; by request of Department of Community, Trade, and Economic Development
Clarifying the best available science requirements to protect critical areas.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2815 was substituted for House Bill No. 2815 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2815 was read the second time.
Representative Schindler moved the adoption of amendment (825):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.70A.172 and 1995 c 347 s 105 are each amended to read as follows:
(1) In designating and protecting critical areas under this chapter, counties and cities shall ((include)) consider the best available science in developing policies and development regulations to protect the functions and values of critical areas. In addition, counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries.
(2) If it determines that advice from scientific or other experts is necessary or will be of substantial assistance in reaching its decision, a growth management hearings board may retain scientific or other expert advice to assist in reviewing a petition under RCW 36.70A.290 that involves critical areas.
(3) Where a proposed critical area ordinance is based upon science that has yet to be replicated in a physical context similar to the one at issue, but is theoretically sound and otherwise meets the test for best available science, that science constitutes the best available science.
(4) The requirement to consider the best available science under subsection (1) of this section does not obligate a county or city to use science from a different physical context if the county or city determines that the science is not applicable to a specific local situation or physical context, even if it is the only available science.
(5) The requirement to consider the best available science is a procedural, not substantive, requirement.
(6) In the development of critical areas policies and development regulations, counties and cities may consider a wide range of information, including scientific, legal, social, cultural, economic, political, and other information pertinent to the creation of policies and regulations that address local environmental concerns and serve local needs."
Correct the title.
Representatives Schindler and Hinkle spoke in favor of the adoption of the amendment.
Representative Simpson spoke against the adoption of the amendment.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Simpson and Jarrett spoke in favor of passage of the bill.
Representatives Schindler, Armstrong, Haler, Orcutt and Hinkle spoke against the 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. 2815.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2815 and the bill passed the House by the following vote: Yeas - 57, Nays - 41, Excused - 0.
Voting yea: Representatives Appleton, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Williams, Wood and Mr. Speaker - 57.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 41.
SUBSTITUTE HOUSE BILL NO. 2815, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2452, By Representatives Kessler, Armstrong, Clibborn, Priest, Nixon, Blake, Hunt, Morrell, Grant, Newhouse, Dickerson, Kagi, Ericksen, Ericks, Wood, Upthegrove, Ormsby, Roberts and O'Brien; by request of Attorney General
Protecting the news media from being compelled to testify in legal proceedings.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2452 was substituted for House Bill No. 2452 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2452 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lantz and Priest and Serben 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. 2452.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2452 and the bill passed the House by the following vote: Yeas - 87, Nays - 11, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cox, Curtis, Darneille, DeBolt, Dickerson, 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, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 87.
Voting nay: Representatives Ahern, Buck, Condotta, Crouse, Dunn, Flannigan, McCune, Orcutt, Pearson, Schindler and Sump - 11.
SUBSTITUTE HOUSE BILL NO. 2452, having received the necessary constitutional majority, was declared passed.
I intended to vote YEA on SUBSTITUTE HOUSE BILL NO. 2452.
KIRK PEARSON, 39th District
HOUSE BILL NO. 2574, By Representatives Cody, Morrell, Green and Upthegrove
Regarding hospital charity care and debt collection.
The bill was read the second time.
There being no objection, Second Substitute House Bill No. 2574 was substituted for House Bill No. 2574 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 2574 was read the second time.
With the consent of the House, amendment (878) was withdrawn.
Representative Cody moved the adoption of amendment (851):
On page 1, line 16, after "care or," strike "where a provision does not expressly exclude third-party coverage" and insert "except to the extent provided otherwise in RCW 70.170.060(6)"
On page 2, line 13, after "report." insert "If a recalculation of the cost-to-charge ratio occurs sooner than twelve months from the last update to the hospital's discount policy, the calculation existing prior to the recalculation may be used for purposes of updating hospital discount policies. The secretary shall develop alternate means of determining hospital costs for hospitals that do not file medicare cost reports, in consultation with such hospitals."
On page 3, line 34, after "For" strike "persons with no third-party coverage and" and insert "uninsured persons"
On page 4, line 13, after "qualify." insert "The department shall develop model language, not to exceed fifty words, and type font and style standards that hospitals must use to satisfy the requirement to provide notice in the bill sent to patients. The language may be written on the patient's actual bill if it complies with the department's type font and style requirements."
On page 4, line 15, after "English" strike all material through "area" on line 16 and insert "and in each of the five most common languages in Washington other than English that are spoken by more than five percent of residents of the county where the hospital is located. The department shall make a biennial determination of the five most common languages spoken in Washington and the languages needed for posting in each county"
On page 5, at the beginning of line 2, strike "procedures" and insert "diagnosis related groups"
On page 5, line 7, after "(1)" strike all material through "(2)" on line 14
On page 5, at the beginning of line 32, strike "(3)" and insert "(2)"
On page 6, after line 32, insert the following:
"NEW SECTION. Sec. 5. The department of financial institutions shall establish a work group to make recommendations related to hospital patient debt repayment and collection practices. The work group shall develop standards for appropriate, predictable, and fair repayment and debt collection practices for hospitals to apply to patients who are eligible for charity care, a sliding fee schedule, or maximum charge as defined in RCW 70.170.060.
The work group shall include representatives of the department of licensing, the department of health, hospitals, debt collection agencies, consumers and patients, and other interested stakeholders. The work group shall submit its recommendations to the legislature by November 15, 2006."
Correct the title.
Representatives Cody and Hinkle spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Cody spoke in favor of passage of the bill.
Representative Hinkle 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. 2574.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2574 and the bill passed the House by the following vote: Yeas - 60, Nays - 38, Excused - 0.
Voting yea: Representatives Appleton, Blake, Campbell, Chase, Clements, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Tom, Upthegrove, Wallace, Walsh, Williams, Wood and Mr. Speaker - 60.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Chandler, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott and Woods - 38.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2574, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2740, By Representatives Orcutt, Blake and Kretz
Concerning applications for forest practices.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2740 was substituted for House Bill No. 2740 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2740 was read the second time.
Representative Orcutt moved the adoption of amendment (862):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that:
(a) Local governments are the appropriate place for land use changes to be considered and for ordinances to be implemented that relate to the clearing and grading of land, local services, and critical areas;
(b) The department of natural resources implements the forest practices act and the forest practices rules;
(c) The department of ecology is responsible for protection of water quality;
(d) It is in the best interests of the state that forest landowners keep their land in forestry;
(e) Working forests are vital to the economic and environmental health of the state;
(f) Processes are in place which allow a landowner to convert forest land to another use or maintain the option to convert forest land at a later date;
(g) Laws governing conversion of forest land to other uses and regulatory jurisdiction over such forest practices have been in place for more than eight years; and
(h) It is clear that at times in some places in the state these laws, and associated administrative processes, have unnecessarily complicated landowners' ability to carry out forest practices.
(2) The department of natural resources and the department of ecology shall work with a statewide association of counties and other participants in the process leading to the forests and fish law to determine how the current laws and processes regulating forest practices and conversion of forest land to a nonforestry use could be improved by clarifying roles and responsibilities, eliminating duplicative regulation of the same activity, making any needed adjustments to regulatory requirements, and simplifying pathways leading to regulatory decisions while maintaining current standards of environmental protection.
(3) The evaluation required by this section must include specific examination of laws and administrative processes governing:
(a) Interactions among the department of natural resources, the department of ecology, and local governments in situations where both the state and local governments have regulatory responsibilities related to the same forestry-related activity;
(b) Moratoriums on the conversion of forest land;
(c) Conversion harvest option plans;
(d) Determination of lead agency status pursuant to the state environmental policy act; and
(e) Application, processing, and recording fees.
(4) The department of natural resources must provide a report to the appropriate committees of the legislature by October 31, 2006, including recommendations for changes to laws and administrative processes.
(5) This section expires on July 1, 2007."
Correct the title.
Representatives Orcutt and B. Sullivan spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Orcutt and B. Sullivan spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2740.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2740 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. 2740, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2850, By Representatives Clements, Orcutt, Dunn, Armstrong and Newhouse
Eliminating tax, interest, and penalty provisions for land valued under the open space program.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2850 was substituted for House Bill No. 2850 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2850 was read the second time.
Representative Clements moved the adoption of amendment (861):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 84.34.070 and 1992 c 69 s 10 are each amended to read as follows:
(1)(a) When land has once been classified under ((this chapter)) RCW 84.34.020 (1) or (3), or RCW 84.34.020(2) and does not meet the ownership requirements in (b) of this subsection, it shall remain under such classification and shall not be applied to other use except as provided by subsection (2) of this section for at least ten years from the date of classification and shall continue under such classification until and unless withdrawn from classification after notice of request for withdrawal shall be made by the owner. During any year after eight years of the initial ten-year classification period have elapsed, notice of request for withdrawal of all or a portion of the land may be given by the owner to the assessor or assessors of the county or counties in which such land is situated. In the event that a portion of a parcel is removed from classification, the remaining portion must meet the same requirements as did the entire parcel when such land was originally granted classification pursuant to this chapter unless the remaining parcel has different income criteria. Within seven days the assessor shall transmit one copy of such notice to the legislative body which originally approved the application. The assessor or assessors, as the case may be, shall, when two assessment years have elapsed following the date of receipt of such notice, withdraw such land from such classification ((and the land)).
(b)(i) Except as provided in (b)(ii) of this subsection, when land has once been classified under RCW 84.34.020(2), it shall remain under such classification and shall not be applied to other use except as provided by subsection (2) of this section for at least seven years from the date of classification and shall continue under such classification until and unless withdrawn from classification after notice of request for withdrawal shall be made by the owner. During any year after seven years have elapsed, notice of request for withdrawal of all or a portion of the land may be given by the owner to the assessor or assessors of the county or counties in which such land is situated. In the event that a portion of a parcel is removed from classification, the remaining portion must meet the same requirements as did the entire parcel when such land was originally granted classification pursuant to this chapter unless the remaining parcel has different income criteria. Within seven days the assessor shall transmit one copy of such notice to the legislative body which originally approved the application. The assessor or assessors, as the case may be, shall, when two assessment years have elapsed following the date of receipt of such notice, withdraw such land from such classification.
(ii) For land that has been classified under RCW 84.34.020(2) for twenty or more years the assessor or assessors, as the case may be, shall withdraw and revalue the affected land with reference to its true and fair value on January 1st of the year specified in the notice of request for withdrawal from classification and the assessed valuation before and after the date of withdrawal of classification shall be listed and taxes shall be allocated according to that part of the year to which each assessed valuation applies.
(iii) To qualify for the preferential withdrawal requirements under this subsection (1)(b), at least a fifty percent ownership interest in the land must have been maintained by the owner or the owner's spouse for the entire period the land has been classified under RCW 84.34.020(2).
(c) Land withdrawn from classification under this subsection shall be subject to the additional tax and applicable interest due under RCW 84.34.108, except land withdrawn from classification under this subsection shall not be subject to applicable interest if the land meets the requirements of RCW 84.34.108(4)(b)(ii). Agreement to tax according to use shall not be considered to be a contract and can be abrogated at any time by the legislature in which event no additional tax or penalty shall be imposed.
(2) The following reclassifications are not considered withdrawals or removals ((and are not subject to additional tax under RCW 84.34.108)):
(a) Reclassification between lands under RCW 84.34.020 (2) and (3);
(b) Reclassification of land classified under RCW 84.34.020 (2) or (3) or chapter 84.33 RCW to open space land under RCW 84.34.020(1);
(c) Reclassification of land classified under RCW 84.34.020 (2) or (3) to forest land classified under chapter 84.33 RCW; and
(d) Reclassification of land classified as open space land under RCW 84.34.020(1)(c) and reclassified to farm and agricultural land under RCW 84.34.020(2) if the land had been previously classified as farm and agricultural land under RCW 84.34.020(2).
(3) Applications for reclassification shall be subject to applicable provisions of RCW 84.34.037, 84.34.035, 84.34.041, and chapter 84.33 RCW.
(4) The income criteria for land classified under RCW 84.34.020(2) (b) and (c) may be deferred for land being reclassified from land classified under RCW 84.34.020 (1)(c) or (3), or chapter 84.33 RCW into RCW 84.34.020(2) (b) or (c) for a period of up to five years from the date of reclassification.
Sec. 2. RCW 84.34.108 and 2003 c 170 s 6 are each amended to read as follows:
(1) When land has once been classified under this chapter, a notation of the classification shall be made each year upon the assessment and tax rolls and the land shall be valued pursuant to RCW 84.34.060 or 84.34.065 until removal of all or a portion of the classification by the assessor upon occurrence of any of the following:
(a) Receipt of notice from the owner to remove all or a portion of the classification;
(b) Sale or transfer to an ownership, except a transfer that resulted from a default in loan payments made to or secured by a governmental agency that intends to or is required by law or regulation to resell the property for the same use as before, making all or a portion of the land exempt from ad valorem taxation;
(c) Sale or transfer of all or a portion of the land to a new owner, unless the new owner has signed a notice of classification continuance, except transfer to an owner who is an heir or devisee of a deceased owner shall not, by itself, result in removal of classification. The notice of continuance shall be on a form prepared by the department. If the notice of continuance is not signed by the new owner and attached to the real estate excise tax affidavit, all additional taxes calculated pursuant to subsection (4) of this section shall become due and payable by the seller or transferor at time of sale. The auditor shall not accept an instrument of conveyance regarding classified land for filing or recording unless the new owner has signed the notice of continuance or the additional tax has been paid, as evidenced by the real estate excise tax stamp affixed thereto by the treasurer. The seller, transferor, or new owner may appeal the new assessed valuation calculated under subsection (4) of this section to the county board of equalization in accordance with the provisions of RCW 84.40.038. Jurisdiction is hereby conferred on the county board of equalization to hear these appeals;
(d) Determination by the assessor, after giving the owner written notice and an opportunity to be heard, that all or a portion of the land no longer meets the criteria for classification under this chapter. The criteria for classification pursuant to this chapter continue to apply after classification has been granted.
The granting authority, upon request of an assessor, shall provide reasonable assistance to the assessor in making a determination whether the land continues to meet the qualifications of RCW 84.34.020 (1) or (3). The assistance shall be provided within thirty days of receipt of the request.
(2) Land may not be removed from classification because of:
(a) The creation, sale, or transfer of forestry riparian easements under RCW 76.13.120; or
(b) The creation, sale, or transfer of a fee interest or a conservation easement for the riparian open space program under RCW 76.09.040.
(3) Within thirty days after such removal of all or a portion of the land from current use classification, the assessor shall notify the owner in writing, setting forth the reasons for the removal. The seller, transferor, or owner may appeal the removal to the county board of equalization in accordance with the provisions of RCW 84.40.038.
(4) Unless the removal is reversed on appeal, the assessor shall revalue the affected land with reference to its true and fair value on January 1st of the year of removal from classification. Both the assessed valuation before and after the removal of classification shall be listed and taxes shall be allocated according to that part of the year to which each assessed valuation applies. Except as provided in subsection (6) of this section, an additional tax, applicable interest, and penalty shall be imposed which shall be due and payable to the treasurer thirty days after the owner is notified of the amount of the additional tax. As soon as possible, the assessor shall compute the amount of additional tax, applicable interest, and penalty and the treasurer shall mail notice to the owner of the amount thereof and the date on which payment is due. The amount of the additional tax, applicable interest, and penalty shall be determined as follows:
(a) The amount of additional tax shall be equal to the difference between the property tax paid as "open space land", "farm and agricultural land", or "timber land" and the amount of property tax otherwise due and payable for the seven years last past had the land not been so classified;
(b)(i) The amount of applicable interest shall be equal to the interest upon the amounts of the additional tax paid ((at the same statutory rate charged on delinquent property taxes)) from the dates on which the additional tax could have been paid without penalty if the land had been assessed at a value without regard to this chapter. The interest rate shall be determined as follows:
(A) The same statutory rate charged on delinquent property taxes for land classified under RCW 84.34.020 (1) and (3) and for land classified under RCW 84.34.020(2) not meeting the requirements of (b)(i)(B) or (C) of this subsection;
(B) An annual rate of eight percent for land classified under RCW 84.34.020(2) if the land has been classified for seven years or more but less than twenty years and at least a fifty percent ownership interest in the land has been maintained by the owner or the owner's spouse for the entire period the land has been classified under RCW 84.34.020(2); and
(C) An annual rate of five percent for land classified under RCW 84.34.020(2) if the land has been classified under RCW 84.34.020(2) for twenty years or more and at least a fifty percent ownership interest in the land has been maintained by the owner or the owner's spouse for the entire period the land has been classified under RCW 84.34.020(2), except as provided in (b)(ii) of this subsection.
(ii) No interest shall be imposed for land classified under RCW 84.34.020(2) if the land has been classified under RCW 84.34.020(2) for thirty years or more and at least a fifty percent ownership interest in the land has been maintained by the owner or the owner's spouse for the entire period the land has been classified under RCW 84.34.020(2);
(c) The amount of the penalty shall be as provided in RCW 84.34.080. The penalty shall not be imposed if the removal satisfies the conditions of RCW 84.34.070.
(5) Additional tax, applicable interest, and penalty, shall become a lien on the land which shall attach at the time the land is removed from classification under this chapter and shall have priority to and shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation or responsibility to or with which the land may become charged or liable. This lien may be foreclosed upon expiration of the same period after delinquency and in the same manner provided by law for foreclosure of liens for delinquent real property taxes as provided in RCW 84.64.050 now or as hereafter amended. Any additional tax unpaid on its due date shall thereupon become delinquent. From the date of delinquency until paid, interest shall be charged at the same rate applied by law to delinquent ad valorem property taxes.
(6) The additional tax, applicable interest, and penalty specified in subsection (4) of this section shall not be imposed if the removal of classification pursuant to subsection (1) of this section resulted solely from:
(a) Transfer to a government entity in exchange for other land located within the state of Washington;
(b)(i) A taking through the exercise of the power of eminent domain, or (ii) sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power, said entity having manifested its intent in writing or by other official action;
(c) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of the act of the landowner changing the use of the property;
(d) Official action by an agency of the state of Washington or by the county or city within which the land is located which disallows the present use of the land;
(e) Transfer of land to a church when the land would qualify for exemption pursuant to RCW 84.36.020;
(f) Acquisition of property interests by state agencies or agencies or organizations qualified under RCW 84.34.210 and 64.04.130 for the purposes enumerated in those sections. At such time as these property interests are not used for the purposes enumerated in RCW 84.34.210 and 64.04.130 the additional tax specified in subsection (4) of this section shall be imposed;
(g) Removal of land classified as farm and agricultural land under RCW 84.34.020(2)(e);
(h) Removal of land from classification after enactment of a statutory exemption that qualifies the land for exemption and receipt of notice from the owner to remove the land from classification;
(i) The creation, sale, or transfer of forestry riparian easements under RCW 76.13.120;
(j) The creation, sale, or transfer of a fee interest or a conservation easement for the riparian open space program under RCW 76.09.040;
(k) The sale or transfer of land within two years after the death of the owner of at least a fifty percent interest in the land if the land has been assessed and valued as classified forest land, designated as forest land under chapter 84.33 RCW, or classified under this chapter continuously since 1993. The date of death shown on a death certificate is the date used for the purposes of this subsection (6)(k); or
(l) The sale or transfer of land after the death of the owner of at least a fifty percent interest in the land if the land has been assessed and valued as classified forest land, designated as forest land under chapter 84.33 RCW, or classified under this chapter continuously since 1993 and the sale or transfer takes place after July 22, 2001, and on or before July 22, 2003, and the death of the owner occurred after January 1, 1991. The date of death shown on a death certificate is the date used for the purpose of this subsection (6)(l)."
Representatives Clements and Hunter spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Takko and Newhouse spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2850.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2850 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. 2850, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2946, By Representatives P. Sullivan, Roach, Simpson, Shabro and McCoy
Regarding checks for employees of bureau of Indian affairs-funded schools.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2946 was substituted for House Bill No. 2946 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2946 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives P. Sullivan and Roach 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. 2946.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2946 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. 2946, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2951, By Representatives Campbell, Morrell, McCune and Green
Creating a firearms training certificate program for retired law enforcement officers.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2951 was substituted for House Bill No. 2951 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2951 was read the second time.
Representative Campbell moved the adoption of amendment (845):
On page 1, line 17, after "officer" insert "who is a resident of Washington"
On page 2, line 4, after "established" insert "by the criminal justice training commission"
On page 2, line 4, after "firearms" strike "training and"
On page 2, beginning on line 11, after "entity" strike all material through "qualifications" on line 12 and insert "certified to provide firearms training"
Representatives Campbell and Lantz spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Campbell and Lantz spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2951.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2951 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. 2951, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2958, By Representatives B. Sullivan, Buck, Kessler, Orcutt, Blake, Kretz, Hunt, Chandler, Upthegrove and Dickerson
Penalizing persons who violate rules concerning the use of nontoxic shot.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2958 was substituted for House Bill No. 2958 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2958 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives 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 Substitute House Bill No. 2958.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2958 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. 2958, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3016, By Representatives Simpson, Schindler, Takko, Ahern, Clibborn, Woods, B. Sullivan, Upthegrove, Chase, Kessler, Kilmer and Springer
Requiring senate confirmation for members of the growth management hearings boards.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Simpson and Bailey 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. 3016.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3016 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. 3016, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3070, By Representatives Miloscia, Hasegawa, Chase and Santos
Increasing nonprofit housing development capacity.
The bill was read the second time.
There being no objection, Second Substitute House Bill No. 3070 was substituted for House Bill No. 3070 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 3070 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Miloscia spoke in favor of passage of the bill.
Representatives Holmquist and Jarrett spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 3070.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 3070 and the bill passed the House by the following vote: Yeas - 56, Nays - 42, Excused - 0.
Voting yea: Representatives Appleton, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Williams, Wood and Mr. Speaker - 56.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 42.
SECOND SUBSTITUTE HOUSE BILL NO. 3070, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3089, By Representatives Murray, Clibborn, Woods, Simpson and Linville; by request of Department of Transportation
Revising commute trip reduction provisions.
The bill was read the second time.
There being no objection, Substitute House Bill No. 3089 was substituted for House Bill No. 3089 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 3089 was read the second time.
Representative Murray moved the adoption of amendment (824):
On page 3, beginning on line 4, strike all of subsection (10) and insert the following:
"(10)(a) "Affected urban growth area" means:
(i) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, and any contiguous urban growth areas; and
(ii) An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over seventy thousand that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas.
(b) Affected urban growth areas will be listed by the department of transportation in the rules for this act using the criteria identified in subsection (a) of this section."
Representatives Murray and Woods spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Jarrett moved the adoption of amendment (725):
On page 9, line 8, after "under chapter 41.80 RCW" insert ", or the ability of private sector employees to collectively bargain over commute trip reduction issues if previously such issues were mandatory subjects of collective bargaining"
Representatives Jarrett and Murray spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Murray 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 Engrossed Substitute House Bill No. 3089.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3089 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. 3089, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3172, By Representatives Anderson, Rodne and Morrell
Penalizing persons who transmit unsolicited facsimiles.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Anderson, Nixon and Kilmer 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. 3172.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3172 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. 3172, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 1015, By Representatives Campbell, Morrell, Skinner, Hankins, Simpson, Schindler and Chase
Requiring reporting of infections acquired in health care facilities.
The bill was read the second time.
There being no objection, Second Substitute House Bill No. 1015 was substituted for House Bill No. 1015 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 1015 was read the second time.
Representative Campbell moved the adoption of amendment (867):
On page 2, line 26, after "pneumonia;" strike "and"
On page 2, line 28, after "unit;" insert "and
(v) Other categories for which there are established, evidence-based measures and the department determines are necessary to protect public health and safety as provided in subsection (3) of this section;"
On page 3, line 20, after "(3)" insert "As guidelines for preventing health care-associated infections and tracking outcomes and performance regarding health care-associated infections are adopted by the United States centers for disease control and prevention, the centers for health care research and quality, the centers for medicare and medicaid services, the joint commission on accreditation of health care organizations, the national quality forum, the institute of healthcare improvement, or other organizations with recognized expertise in infection control or quality improvement, the department shall include those other procedures or categories of health care-associated infections, such as catheter-related urinary tract infections or clostridium difficile infections, in the reporting program established in subsection (2)(a) of this section. The department shall include the other procedures or categories of infections if it determines that the guidelines are evidence-based, have been demonstrated to reduce health care-associated infections, and are feasible for hospitals to track;
(4)"
On page 3, line 22, after "identified in" strike "subsection (2)" and insert "subsections (2) and (3)"
On page 3, at the beginning of line 28, strike "(4)" and insert the following:
"(5) The department shall adopt rules as necessary to effectuate the purposes of this section.
(6)"
Representatives Campbell and Cody spoke in favor of the adoption of the amendment.
Representatives Hinkle and Nixon spoke against the adoption of the amendment.
Division was demanded and the demand was sustained. The Speaker (Representative Lovick presiding) divided the House. The result was 56 - YEAS; 42 -NAYS.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Campbell and Cody spoke in favor of passage of the bill.
Representative Hinkle 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. 1015.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1015 and the bill passed the House by the following vote: Yeas - 59, Nays - 39, Excused - 0.
Voting yea: Representatives Appleton, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 59.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott and Tom - 39.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1015, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE HOUSE BILL NO. 1226, By House Committee on State Government Operations & Accountability (originally sponsored by Representatives Schual-Berke, Tom, Haigh, Cody, Fromhold, Jarrett, Hudgins, Conway, Appleton, Flannigan, Murray, McCoy, Lantz, Hasegawa, Williams, Kagi, Ormsby, Morrell, Chase, Dickerson, Kenney and Sells)
Adjusting application of campaign contribution limits.
The bill was read the second time.
There being no objection, Third Substitute House Bill No. 1226 was substituted for Substitute House Bill No. 1226 and the third substitute bill was placed on the second reading calendar.
THIRD SUBSTITUTE HOUSE BILL NO. 1226 was read the second time.
With the consent of the House, amendment (849) was withdrawn.
Representative Anderson moved the adoption of amendment (850):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the purpose of this act to create a citizens' commission to establish proper campaign contribution limits, thus removing political considerations in fixing the appropriateness of the amount of such limits. The commission shall establish campaign contributions that protect citizen rights as provided for in Article I, section 5 of the state Constitution while ensuring public accountability and citizen access to elected office.
NEW SECTION. Sec. 2. The Washington citizens' commission on campaign contribution limits is created to consist of fourteen members to be selected as provided in this section.
(1) Seven of the fourteen commission members shall be selected by lot by the secretary of state from among those registered voters eligible to vote at the time persons are selected for appointment to full terms on the commission. No two members shall come from the same county. The secretary shall establish policies and procedures for conducting the selection by lot.
(2) The remaining seven of the fourteen commission members, all residents of this state, shall be selected jointly by the speaker of the house of representatives and the president of the senate. All members shall serve four-year terms and the names of the seven persons selected in this subsection for appointment to the commission shall be forwarded to the governor no later than July 1st every two years.
(3) No person may be appointed to more than two terms. No member of the commission may be removed during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office, or for a disqualifying change of residence. The unexcused absence of any person who is a member of the commission from two consecutive meetings of the commission shall constitute the relinquishment of that person's membership on the commission. Such a relinquishment creates a vacancy in that person's position on the commission. A member's absence may be excused by the chair of the commission upon the member's written request if the chair believes there is just cause for the absence. Such a request must be received by the chair before the meeting for which the absence is to be excused. A member's absence from a meeting of the commission may also be excused during the meeting for which the member is absent by the affirmative vote of a majority of the members of the commission present at the meeting.
(4) No state official, public employee, or lobbyist, or immediate family member of the official, employee, or lobbyist, subject to the registration requirements of chapter 42.17 RCW, is eligible for membership on the commission. As used in this subsection, the phrase "immediate family" means the parents, spouse, siblings, children, or dependent relative of the official, employee, or lobbyist whether or not living in the household of the official, employee, or lobbyist.
(5) Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term. The selection and appointment shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as originally provided.
NEW SECTION. Sec. 3. (1) The commission shall adopt a schedule of campaign contribution limits for:
(a) Candidates for state legislative office;
(b) Candidates for state office other than state legislative office;
(c) Candidates for county office in a county that has over two hundred thousand registered voters;
(d) Candidates for special purpose district office if that district is authorized to provide freight and passenger transfer and terminal facilities and that district has over two hundred thousand registered voters;
(e) Persons holding an office in (a) through (d) of this subsection against whom recall charges have been filed or to a political committee having the expectation of making expenditures in support of the recall of a person holding the office;
(f) Caucus political committees;
(g) Bona fide political parties;
(h) Candidates for the state supreme court and court of appeals.
(2) Members of the commission shall receive no compensation for their services, but shall be eligible to receive a subsistence allowance and travel expenses pursuant to RCW 43.03.050 and 43.03.060.
(3) The members of the commission shall elect a chair from among their number. The commission shall set a schedule of campaign contribution limits by an affirmative vote of not less than eight members of the commission.
(4) The commission shall file its initial schedule of campaign contribution limits for individuals included in subsection (1) of this section with the secretary of state no later than October 1, 2006, and shall file a schedule biennially thereafter. Each schedule shall be filed in legislative bill form, shall be assigned a chapter number and published with the session laws of the legislature, and shall be codified by the statute law committee. The signature of the chair of the commission shall be affixed to each schedule submitted to the secretary of state. The chair shall certify that the schedule has been adopted in accordance with the provisions of state law and with the rules, if any, of the commission. The schedules shall become effective ninety days after the filing thereof.
(5) Before the filing of any campaign contribution limit schedule, the commission shall first develop a proposed schedule and then hold no fewer than four regular meetings as defined by chapter 42.30 RCW to take public testimony on the proposed schedule within the four months immediately preceding the filing. At the last public hearing that is held as a regular meeting on the proposed schedule, the commission shall adopt the schedule as originally proposed or as amended at that meeting that will be filed with the secretary of state.
(6) All meetings, actions, hearings, and business of the commission shall be subject in full to the open public meetings act under chapter 42.30 RCW.
(7) The campaign contribution limits filed by the commission shall take effect on January 1, 2007, and shall continue until modified by the commission under this section."
Correct the title.
Representative Anderson spoke in favor of the adoption of the amendment.
The Speaker (Representative Lovick presiding): "The Speaker would asked the member to not impugn the motives of the body."
Representative Anderson (again) spoke in favor of the adoption of the amendment.
Representative Schual-Berke spoke against the adoption of the amendment.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
The Speaker (Representative Lovick presiding): "Before we begin debate on this bill, the Speaker would remind all members to be careful in their remarks and not to impugn anyone's integrity."
Representative Schual-Berke spoke in favor of passage of the bill.
Representatives Anderson, Nixon 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 Third Substitute House Bill No. 1226.
ROLL CALL
The Clerk called the roll on the final passage of Third Substitute House Bill No. 1226 and the bill passed the House by the following vote: Yeas - 58, Nays - 40, Excused - 0.
Voting yea: Representatives Appleton, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Tom, Upthegrove, Wallace, Williams, Wood and Mr. Speaker - 58.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Kirby, Kretz, Kristiansen, McCune, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Walsh and Woods - 40.
THIRD SUBSTITUTE HOUSE BILL NO. 1226, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 1614, By Representatives Green, Talcott, Conway and Darneille
Restricting correctional facilities on the grounds of a state hospital.
The bill was read the second time.
There being no objection, Substitute House Bill No. 1614 was substituted for House Bill No. 1614 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 1614 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Green and Talcott 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. 1614.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1614 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. 1614, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2475, By Representatives Conway, Williams, Fromhold, Wood, B. Sullivan, Simpson, Sells, Ormsby and Green
Requiring collective bargaining regarding hours of work for individual providers.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2475 was substituted for House Bill No. 2475 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2475 was read the second time.
Representative Conway moved the adoption of amendment (866):
On page 3, beginning on line 18, strike all of subsection (a) and insert the following:
" (a) The department's authority to establish a plan of care for each consumer ((and to determine the hours)) or its core responsibility to manage long-term in-home care services under this chapter, including determination of the level of care that each consumer is eligible to receive. However, at the request of the exclusive bargaining representative, the governor or the governor's designee appointed under chapter 41.80 RCW shall engage in collective bargaining, as defined in RCW 41.56.030(4), with the exclusive bargaining representative over how the department's core responsibility affects hours of work for individual providers. This subsection shall not be interpreted to require collective bargaining over an individual consumer's plan of care;"
Representatives Conway and Condotta spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
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 (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2475.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2475 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, 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 Chandler - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2475, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2593, By Representatives Appleton, B. Sullivan, Jarrett, Morris, Hankins, Chase, McIntire, Dickerson, McCoy, Conway, Green, Darneille, Schual-Berke, Lovick, Pettigrew, Sommers, Ericks, Lantz, Hasegawa, Morrell, Kenney, Haler, Springer, Roberts, P. Sullivan, Strow, Miloscia, Wallace, Cody, Sells, Moeller, Dunshee, Williams, O'Brien, McDermott, Kessler, Woods, Kilmer, Eickmeyer, Hunt, Flannigan, Takko, Nixon, Rodne, Simpson, Linville and Kagi; by request of Department of Ecology
Changing provisions relating to oil spill prevention, preparedness, and response.
The bill was read the second time.
There being no objection, Second Substitute House Bill No. 2593 was substituted for House Bill No. 2593 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 2593 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Appleton 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 Second Substitute House Bill No. 2593.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2593 and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, 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, Williams, Wood, Woods and Mr. Speaker - 94.
Voting nay: Representatives Armstrong, Condotta, Dunn and Walsh - 4.
SECOND SUBSTITUTE HOUSE BILL NO. 2593, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2594, By Representatives Hasegawa, McCoy, Santos, Pettigrew, Kenney, Hudgins, Upthegrove, Hunt, O'Brien, Haigh, Kagi and Dickerson
Providing assistance to non-English speaking voters.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2594 was substituted for House Bill No. 2594 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2594 was read the second time.
Representative Hasegawa moved the adoption of amendment (836):
On page 3, after line 7, insert the following:
"Sec. 3. RCW 29A.44.240 and 2003 c 111 s 1123 are each amended to read as follows:
(1) Voting shall be secret except to the extent necessary to assist sensory or physically disabled voters, or voters who require language interpretation.
(2) If any voter declares in the presence of the election officers that because of sensory or physical disability he or she is unable to register or record his or her vote, he or she may designate a person of his or her choice or two election officers from opposite political parties to enter the voting machine booth with him or her and record his or her vote as he or she directs.
(3) Any voter who requires interpretation assistance may designate a person of his or her choice to enter the voting machine booth with him or her to provide language interpretation and to assist the voter in recording his or her vote. A person who assists with language interpretation under this subsection may not be the voter's employer or be associated with the voter's union.
(4) A person violating this section is guilty of a misdemeanor.
Sec. 4. RCW 29A.44.410 and 2003 c 111 s 1134 are each amended to read as follows:
(1) At least ten days prior to any primary or election, general or special, the county auditor shall appoint one inspector and two judges of election for each precinct (or each combination of precincts temporarily consolidated as a single precinct for that primary or election), other than those precincts designated as vote-by-mail precincts pursuant to RCW 29A.48.010. Except as provided in subsection (3) of this section, the persons appointed shall be among those whose names are contained on the lists furnished under RCW 29A.44.430 by the chairpersons of the county central committees of the political parties entitled to representation thereon. Such precinct election officers, whenever possible, should be residents of the precinct in which they serve.
(2) The county auditor may delete from the lists of names submitted to the auditor by the chairpersons of the county central committees under RCW 29A.44.430: (a) The names of those persons who indicate to the auditor that they cannot or do not wish to serve as precinct election officers for the primary or election or who otherwise cannot so serve; and (b) the names of those persons who lack the ability to conduct properly the duties of an inspector or judge of election after training in that proper conduct has been made available to them by the auditor. The lists which are submitted to the auditor in a timely manner under RCW 29A.44.430, less the deletions authorized by this subsection, constitute the official nomination lists for inspectors and judges of election.
(3) If the number of persons whose names are on the official nomination list for a political party is not sufficient to satisfy the requirements of subsection (4) of this section as it applies to that political party or is otherwise insufficient to provide the number of precinct election officials required from that political party, the auditor shall notify the chair of the party's county central committee regarding the deficiency. The chair may, within five business days of being notified by the auditor, add to the party's nomination list the names of additional persons belonging to that political party who are qualified to serve on the election boards. To the extent that, following this procedure, the number of persons whose names appear on the official nomination lists of the political parties is insufficient to provide the number of election inspectors and judges required for a primary or election, the auditor may appoint a properly trained person whose name does not appear on such a list as an inspector or judge of election for a precinct. The auditor must make reasonable efforts to appoint staff and poll workers who are bilingual. Available bilingual poll workers must be assigned to poll sites based on the language spoken by the poll worker and the population speaking that language in the county.
(4) The county auditor shall designate the inspector and one judge in each precinct from that political party which polled the highest number of votes in the county for its candidate for president at the last preceding presidential election and one judge from that political party polling the next highest number of votes in the county for its candidate for president at the same election. The provisions of this subsection apply only if the number of names on the official nomination list for inspectors and judges of election for a political party is sufficient to satisfy the requirements imposed by this subsection.
(5) Except as provided in RCW 29A.44.440 for the filling of vacancies, this shall be the exclusive method for the appointment of inspectors and judges to serve as precinct election officers at any primary or election, general or special, and shall supersede the provisions of any and all other statutes, whether general or special in nature, having different requirements."
Correct the title.
Representative Hasegawa spoke in favor of the adoption of the amendment.
Representative Nixon spoke against the adoption of the amendment.
Division was demanded and the demand was sustained. The Speaker (Representative Lovick presiding) divided the House. The result was 53 - YEAS; 45 -NAYS.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hasegawa and Upthegrove spoke in favor of passage of the bill.
Representatives Nixon, Anderson, Sump, Ahern and Talcott 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. 2594.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2594 and the bill passed the House by the following vote: Yeas - 55, Nays - 43, Excused - 0.
Voting yea: Representatives Appleton, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Williams, Wood and Mr. Speaker - 55.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 43.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2594, having received the necessary constitutional majority, was declared passed.
The Speaker (Representative Lovick presiding) called upon Representative Morris to preside.
HOUSE BILL NO. 2895, By Representatives Lovick, Curtis, Ericks, O'Brien, Dunshee, Kessler, Blake, Clibborn, McCoy, Miloscia, Ahern, Roberts, McDermott, Hunt, McDonald, Williams, Haler, McCune, Kenney, Morrell, Wallace, Kilmer, Green, Springer, Ormsby and Woods
Protecting vulnerable adults from exposure to methamphetamine manufacturing.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2895 was substituted for House Bill No. 2895 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2895 was read the second time.
Representative Wallace moved the adoption of amendment (876):
On page 3, at the beginning of line 26, strike "or"
On page 3, line 27, after "isomers" insert "; or (iv) iodine at a concentration greater than two percent by weight"
Representative Wallace spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lovick and Curtis spoke in favor of passage of the bill.
The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2895.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2895 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. 2895, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3137, By Representatives Lovick, Curtis, Clements, Hunt, Grant, Ericks, Conway, Morrell, Simpson and Kenney; by request of Department of Retirement Systems
Determining benefits for surviving spouses of disabled Washington state patrol officers.
The bill was read the second time.
There being no objection, Substitute House Bill No. 3137 was substituted for House Bill No. 3137 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 3137 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lovick, Woods, Clements and Murray spoke in favor of passage of the bill.
The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 3137.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3137 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. 3137, having received the necessary constitutional majority, was declared passed.
The Speaker (Representative Morris presiding) called upon Representative Lovick to preside.
HOUSE BILL NO. 3178, By Representatives Murray and Woods; by request of Department of Transportation
Concerning collective bargaining by state ferry employees.
The bill was read the second time.
There being no objection, Substitute House Bill No. 3178 was substituted for House Bill No. 3178 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 3178 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Murray 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. 3178.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3178 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, 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, 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 Ericksen and Serben - 2.
SUBSTITUTE HOUSE BILL NO. 3178, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3192, By Representatives B. Sullivan, Ericks and Sells
Authorizing a contract extension for reimbursement by property owners for street, road, and water or sewer projects.
The bill was read the second time.
Representative B. Sullivan moved the adoption of amendment (781):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 35.72.020 and 1983 c 126 s 2 are each amended to read as follows:
(1) Except as otherwise provided in subsection (2) of this section, the contract may provide for the partial reimbursement to the owner or the owner's assigns for a period not to exceed fifteen years of a portion of the costs of the project by other property owners who:
(((1))) (a) Are determined to be within the assessment reimbursement area pursuant to RCW 35.72.040;
(((2))) (b) Are determined to have a reimbursement share based upon a benefit to the property owner pursuant to RCW 35.72.030;
(((3))) (c) Did not contribute to the original cost of the street project; and
(((4))) (d) Subsequently develop their property within the ((fifteen-year)) period of time that the contract is effective and at the time of development were not required to install similar street projects because they were already provided for by the contract.
Street projects subject to reimbursement may include design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls, and other similar improvements, as required by the street standards of the city, town, or county.
(2)(a)The contract may provide for an extension of the fifteen-year reimbursement period for a time not to exceed the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents making applications for, or the approval of, any new development within the benefit area for a period of six months or more.
(b)Upon the extension of the reimbursement period pursuant to subsection (2)(a) of this section, the contract must specify the duration of the contract extension and must be filed and recorded with the county auditor. Property owners who are subject to the reimbursement obligations under subsection (1) of this section shall be notified by the appropriate county, city or town of the extension filed under this subsection.
(3) Each contract shall include a provision requiring that every two years from the date the contract is executed a property owner entitled to reimbursement under this section provide the appropriate county, city, or town with information regarding the current contract name, address, and telephone number of the person, company, or partnership that originally entered into the contract. If the property owner fails to comply with the notification requirements of this subsection within sixty days of the specified time, then the contracting county, city, or town may collect any reimbursement funds owed to the property owner under the contract. Such funds must be deposited in the capital fund of the county, city, or town.
Sec. 2. RCW 35.91.020 and 1999 c 153 s 38 are each amended to read as follows:
(1)Except as provided under subsection (2) of this section, the governing body of any city, town, county, water-sewer district, or drainage district, hereinafter referred to as a "municipality" may contract with owners of real estate for the construction of storm, sanitary, or combination sewers, pumping stations, and disposal plants, water mains, hydrants, reservoirs, or appurtenances, hereinafter called "water or sewer facilities," within their boundaries or (except for counties) within ten miles from their corporate limits connecting with the public water or sewerage system to serve the area in which the real estate of such owners is located, and to provide for a period of not to exceed fifteen years for the reimbursement of such owners and their assigns by any owner of real estate who did not contribute to the original cost of such water or sewer facilities and who subsequently tap onto or use the same of a fair pro rata share of the cost of the construction of said water or sewer facilities, including not only those directly connected thereto, but also users connected to laterals or branches connecting thereto, subject to such reasonable rules and regulations as the governing body of such municipality may provide or contract, and notwithstanding the provisions of any other law.
(2)(a)The contract may provide for an extension of the fifteen-year reimbursement period for a time not to exceed the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents making applications for, or the approval of, any new development within the benefit area for a period of six months or more.
(b)Upon the extension of the reimbursement period pursuant to subsection (2)(a) of this section, the contract must specify the duration of the contract extension and must be filed and recorded with the county auditor. Property owners who are subject to the reimbursement obligations under subsection (1) of this section shall be notified by the contracting municipality of the extension filed under this subsection.
(3)Each contract shall include a provision requiring that every two years from the date the contract is executed a property owner entitled to reimbursement under this section provide the contracting municipality with information regarding the current contract name, address, and telephone number of the person, company, or partnership that originally entered into the contract. If the property owner fails to comply with the notification requirements of this subsection within sixty days of the specified time, then the contracting municipality may collect any reimbursement funds owed to the property owner under the contract. Such funds must be deposited in the capital fund of the municipality.
(4) To the extent it may require in the performance of such contract, such municipality may install said water or sewer facilities in and along the county streets in the area to be served as hereinabove provided, subject to such reasonable requirements as to the manner of occupancy of such streets as the county may by resolution provide. The provisions of such contract shall not be effective as to any owner of real estate not a party thereto unless such contract has been recorded in the office of the county auditor of the county in which the real estate of such owner is located prior to the time such owner taps into or connects to said water or sewer facilities.
Sec. 3. RCW 57.22.020 and 1996 c 230 s 802 are each amended to read as follows:
(1) Except as otherwise provided in subsection (2) of this section, the contract shall also provide, subject to the terms and conditions in this section, for the reimbursement to the owner or the owner's assigns for a period not to exceed fifteen years of a portion of the costs of the facilities constructed pursuant to such contract from connection charges received by the district from other property owners who subsequently connect to or use the facilities within the ((fifteen- year)) period of time that the contract is effective and who did not contribute to the original cost of such facilities.
(2)(a)The contract may provide for an extension of the fifteen-year reimbursement period for a time not to exceed the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents making applications for, or the approval of, any new development for a period of six months or more within the benefit area of the system extensions authorized under this chapter.
(b)Upon the extension of the reimbursement period pursuant to subsection (2)(a) of this section, the contract must specify the duration of the contract extension and must be filed and recorded with the county auditor. Property owners who are subject to the reimbursement obligations under subsection (1)of this section shall be notified by the water-sewer district of the extension filed under this subsection.
(3)Each contract shall include a provision requiring that every two years from the date the contract is executed a property owner entitled to reimbursement under this section provide the water-sewer district with information regarding the current contract name, address, and telephone number of the person, company, or partnership that originally entered into the contract. If the property owner fails to comply with the notification requirements of this subsection within sixty days of the specified time, then the water-sewer district may collect any reimbursement funds owed to the property owner under the contract. Such funds must be deposited in the capital fund of the water-sewer district."
Representative B. Sullivan spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
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 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 Engrossed House Bill No. 3192.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 3192 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. 3192, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3266, By Representatives Rodne, Simpson, Anderson and Hudgins
Designating state route number 169 as a highway of statewide significance.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Rodne and Murray 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. 3266.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3266 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, 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 Flannigan and Serben - 2.
HOUSE BILL NO. 3266, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3275, By Representative Hinkle
Regarding expedited processing for small water impoundments.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hinkle 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 House Bill No. 3275.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3275 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. 3275, having received the necessary constitutional majority, was declared passed.
MESSAGES FROM THE SENATE
February 13, 2006
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5236,
SECOND SUBSTITUTE SENATE BILL NO. 5333,
SECOND SUBSTITUTE SENATE BILL NO. 5717,
SECOND SUBSTITUTE SENATE BILL NO. 6195,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6255,
SUBSTITUTE SENATE BILL NO. 6330,
ENGROSSED SENATE BILL NO. 6342,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6366,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6427,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6459,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6501,
SUBSTITUTE SENATE BILL NO. 6555,
SUBSTITUTE SENATE BILL NO. 6579,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6646,
SUBSTITUTE SENATE BILL NO. 6699,
SUBSTITUTE SENATE BILL NO. 6791,
and the same are herewith transmitted.
Thomas Hoemann, Secretary
SECOND READING
HOUSE BILL NO. 2780, By Representatives McDermott, Hunt, Santos, Cody, Sells, Conway, Kenney, Ormsby, Williams, Green, Dunshee, Campbell, Appleton, Chase and Hasegawa
Authorizing additional payroll deductions for state employees.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2780 was substituted for House Bill No. 2780 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2780 was read the second time.
Representative Condotta moved the adoption of amendment (885):
On page 2, beginning on line 20, strike all of subsection (6) and insert the following:
"(6) Labor or employee organizations dues, and voluntary employee contributions to any funds, committees, or subsidiary organizations maintained by labor or employee organizations, may be deducted in the event that a payroll deduction is not provided under a collective bargaining agreement under the provisions of ((RCW 41.06.150: PROVIDED, That)) chapter 41.80 RCW. Each labor or employee organization may choose only one fund for voluntary employee contributions. If that fund is directed to a political committee, the state must provide written notice to employees explaining that the deduction is voluntary, is not a condition of employment, and may be cancelled at any time. Authorizations for voluntary deductions under this subsection must be renewed annually and are public records as defined in chapter 42.17 RCW. This subsection applies if twenty-five or more officers or employees of a single agency, or a total of one hundred or more officers or employees of several agencies have authorized such a deduction for payment to the same labor or employee organization((: PROVIDED, FURTHER, That)). Only labor or employee organizations with five hundred or more members in state government may have payroll deduction for employee benefit programs."
Representative Condotta spoke in favor of the adoption of the amendment.
Representative McDermott spoke against the adoption of the amendment.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McDermott and Nixon 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. 2780.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2780 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. 2780, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2759, By Representatives Ericks, Pearson, Dunshee, Sells, Roberts and Rodne
Authorizing the transfer of certain real property and facilities.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2759 was substituted for House Bill No. 2759 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2759 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Ericks and Jarrett 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. 2759.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2759 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, 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 - 96.
Voting nay: Representatives Dunn and Hasegawa - 2.
SUBSTITUTE HOUSE BILL NO. 2759, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2804, By Representatives Conway, Holmquist, Serben, McIntire, Ahern, McDermott, Rodne, Buri, McDonald, McCune and Dunn; by request of Office of the Lieutenant Governor
Modifying the property tax exemption for nonprofit schools and colleges.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2804 was substituted for House Bill No. 2804 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2804 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Conway and Holmquist 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. 2804.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2804 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. 2804, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2860, By Representatives Grant, Newhouse, Hankins, Haler, Walsh and McCune
Regarding water resource management in the Columbia river basin.
The bill was read the second time.
There being no objection, Second Substitute House Bill No. 2860 was substituted for House Bill No. 2860 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 2860 was read the second time.
With the consent of the House, amendment (919) was withdrawn.
Representative Grant moved the adoption of amendment (916):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that a key priority of water resource management in the Columbia river basin is the development of new water supplies that includes storage and conservation in order to meet the economic and community development needs of people and the instream flow needs of fish.
(2) The legislature therefore declares that a Columbia river basin water supply development program is needed, and directs the department of ecology to aggressively pursue the development of water supplies to benefit both instream and out-of-stream uses.
NEW SECTION. Sec. 2. (1) The Columbia river basin water supply development account is created in the state treasury. The account may receive direct appropriations from the legislature, receipts of any funds pursuant to sections 3 and 4 of this act, or funds from any other sources.
(2)(a) Expenditures from the Columbia river basin water supply development account may be used to assess, plan, and develop new storage, improve or alter operations of existing storage facilities, implement conservation projects, or any other actions designed to provide access to new water supplies within the Columbia river basin for both instream and out-of-stream uses. Except for the development of new storage projects, there shall be no expenditures from this account for water acquisition or transfers from one water resource inventory area to another without specific legislative authority.
(b) Two-thirds of the funds placed in the account shall be used to support the development of new storage facilities; the remaining one-third shall be used for the other purposes listed in this section.
(3)(a) Funds may not be expended from this account for the construction of a new storage facility until the department of ecology evaluates the following:
(i) Water uses to be served by the facility;
(ii) The quantity of water necessary to meet those uses;
(iii) The benefits and costs to the state of meeting those uses, including short-term and long-term economic, cultural, and environmental effects; and
(iv) Alternative means of supplying water to meet those uses, including the costs of those alternatives and an analysis of the extent to which long-term water supply needs can be met using these alternatives.
(b) The department of ecology may rely on studies and information developed through compliance with other state and federal permit requirements and other sources. The department shall compile its findings and conclusions, and provide a summary of the information it reviewed.
(c) Before finalizing its evaluation under the provisions of this section, the department of ecology shall make the preliminary evaluation available to the public. Public comment may be made to the department within thirty days of the date the preliminary evaluation is made public.
(4) Net water savings achieved through conservation measures funded by the account shall be placed in trust in proportion to the state funding provided to implement a project.
(5) Net water savings achieved through conservation measures funded by the account developed within the boundaries of the federal Columbia river reclamation project and directed to the Odessa subarea to reduce the use of ground water for existing irrigation is exempt from the provisions of subsection (4) of this section.
(6) Moneys in the Columbia river basin water supply development account created in this section may be spent only after appropriation.
(7) Interest earned by deposits in the account will be retained in the account.
NEW SECTION. Sec. 3. (1)(a) Water supplies secured through the development of new storage facilities made possible with funding from the Columbia river basin water supply development account shall be allocated as follows:
(i) Two-thirds of active storage shall be available for appropriation for out-of-stream uses; and
(ii) One-third of active storage shall be available to augment instream flows and shall be managed by the department of ecology. The timing of releases of this water shall be determined by the department of ecology, in cooperation with the department of fish and wildlife and fisheries comanagers, to maximize benefits to salmon and steelhead populations.
(b) Water available for appropriation under (a)(i) of this subsection but not yet appropriated shall be temporarily available to augment instream flows to the extent that it does not impair existing water rights.
(2) Water developed under the provisions of this section to offset out-of-stream uses and for instream flows is deemed adequate mitigation for the issuance of new water rights provided for in subsection (1)(a) of this section and satisfies all consultation requirements under state law related to the issuance of new water rights.
(3) The department of ecology shall focus its efforts to develop water supplies for the Columbia river basin on the following needs:
(a) Alternatives to ground water for agricultural users in the Odessa subarea aquifer;
(b) Sources of water supply for pending water right applications;
(c) A new uninterruptible supply of water for the holders of interruptible water rights on the Columbia river mainstem that are subject to instream flows or other mitigation conditions to protect stream flows; and
(d) New municipal, domestic, industrial, and irrigation water needs within the Columbia river basin.
(4) The one-third/two-thirds allocation of water resources between instream and out-of-stream uses established in this section does not apply to applications for changes or transfers of existing water rights in the Columbia river basin.
NEW SECTION. Sec. 4. (1) The department of ecology may enter into voluntary regional agreements for the purpose of providing new water for out-of-stream use, streamlining the application process, and protecting instream flow.
(2) Such agreements shall ensure that:
(a) For water rights issued from the Columbia river mainstem, there is no negative impact on Columbia river mainstem instream flows in the months of July and August as a result of the new appropriations issued under the agreement;
(b) For water rights issued from the lower Snake river mainstem, there is no negative impact on Snake river mainstem instream flows from April through August as a result of the new appropriations issued under the agreement; and
(c) Efforts are made to harmonize such agreements with watershed plans adopted under the authority of chapter 90.82 RCW that are applicable to the area covered by the agreement.
(3) The protection of instream flow as set forth in subsection (2) of this section is adequate for purposes of mitigating instream flow impacts resulting from any appropriations for out-of-stream use made under a voluntary regional agreement, and the only applicable consultation provisions under state law regarding instream flow impacts shall be those set forth in subsection (4) of this section.
(4) Before executing a voluntary agreement under this section, the department of ecology shall:
(a) Provide a sixty-day period for consultation with county legislative authorities and watershed planning groups with jurisdiction over the area where the water rights included in the agreement are located, the department of fish and wildlife, and affected tribal governments, and federal agencies. The department of fish and wildlife shall provide written comments within that time period. The consultation process for voluntary regional agreements developed under the provisions of this section is deemed adequate for the issuance of new water rights provided for in this section and satisfies all consultation requirements under state law related to the issuance of new water rights; and
(b) Provide a thirty-day public review and comment period for a draft agreement, and publish a summary of any public comments received. The thirty-day review period shall not begin until after the department of ecology has concluded its consultation under (a) of this subsection and the comments that have been received by the department are made available to the public.
(5) The provisions of subsection (4) of this section satisfy all applicable consultation requirements under state law.
(6) The provisions of this section and any voluntary regional agreements developed under such provisions may not be relied upon by the department of ecology as a precedent, standard, or model that must be followed in any other voluntary regional agreements.
(7) Nothing in this section may be interpreted or administered in a manner that precludes the processing of water right applications under chapter 90.03 or 90.44 RCW that are not included in a voluntary regional agreement.
(8) Nothing in this section may be interpreted or administered in a manner that impairs or diminishes a valid water right or a habitat conservation plan approved for purposes of compliance with the federal endangered species act.
(9) The department of ecology shall monitor and evaluate the water allocated to instream and out-of-stream uses under this section, evaluate the program, and provide an interim report to the appropriate committees of the legislature by June 30, 2008. A final report shall be provided to the appropriate committees of the legislature by June 30, 2011.
(10) If the department of ecology executes a voluntary agreement under this section that includes water rights appropriated from the lower Snake river mainstem, the department shall develop aggregate data in accordance with the provisions of section 6 of this act for the lower Snake river mainstem.
(11) Any agreement entered into under this section shall remain in full force and effect through the term of the agreement regardless of the expiration of this section.
(12) The definitions in this subsection apply to this section and section 6 of this act, and may only be used for purposes of implementing these sections.
(a) "Columbia river mainstem" means all water in the Columbia river within the ordinary high water mark of the main channel of the Columbia river between the border of the United States and Canada and the Bonneville dam, and all ground water within one mile of the high water mark.
(b) "Lower Snake river mainstem" means all water in the lower Snake river within the ordinary high water mark of the main channel of the lower Snake river from the head of Ice Harbor pool to the confluence of the Snake and Columbia rivers, and all ground water within one mile of the high water mark.
(13) This section expires June 30, 2012.
NEW SECTION. Sec. 5. (1) To support the development of new water supplies in the Columbia river and to protect instream flow, the department of ecology shall work with all interested parties, including interested county legislative authorities and watershed planning groups, adjacent to the Columbia river, and affected tribal governments, to develop a Columbia river water supply inventory and a long-term water supply and demand forecast. The inventory must include:
(a) A list of conservation projects that have been implemented under this chapter and the amount of water conservation they have achieved; and
(b) A list of potential water supply and storage projects in the Columbia river basin, including estimates of:
(i) Cost per acre-foot;
(ii) Benefit to fish and other instream needs;
(iii) Benefit to out-of-stream needs; and
(iv) Environmental and cultural impacts.
(2) The department of ecology shall complete the first Columbia river water supply inventory by November 15, 2006, and shall update the inventory annually thereafter.
(3) The department of ecology shall complete the first Columbia river long-term water supply and demand forecast by November 15, 2006, and shall update the report every five years thereafter.
NEW SECTION. Sec. 6. (1) In order to better understand current water use and instream flows in the Columbia river mainstem, the department of ecology shall establish and maintain a Columbia river mainstem water resources information system that provides the information necessary for effective mainstem water resource planning and management.
(2) To accomplish the objective in subsection (1) of this section, the department of ecology shall use information compiled by existing local watershed planning groups, federal agencies, the Bonneville power administration, irrigation districts, conservation districts in the basin, and other available sources. The information shall include:
(a) The total aggregate quantity of water rights issued under state permits and certificates and filed under state claims on the Columbia river mainstem and for ground water within one mile of the mainstem; and
(b) The total aggregate volume of current water use under these rights as metered and reported by water users under current law.
(3) The department of ecology shall publish the aggregate data on the department's web site no later than June 30, 2009, and shall periodically update the data.
(4) For purposes of this section, the definition of Columbia river mainstem in section 4(12) of this act shall apply and the use of the definition is solely limited to the purpose of collecting data to meet the information requirements of this section.
Sec. 7. 2005 c 488 s 332 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Columbia River Initiative (06-2-010)
The appropriation in this section is subject to the following conditions and limitations:
(1) $6,000,000 is provided solely for feasibility studies related to off-mainstem storage projects and impacts of changing operations at the Potholes reservoir, and grant funding for the purchase and installation of water measuring devices.
(2) Of the amount appropriated in this section, $10,000,000 ((may not be expended prior to enactment of state legislation that establishes the policy requirements for a new water resources and water rights management program for the Columbia river mainstem. If such legislation is not enacted prior to June 30, 2006, this amount shall lapse)) is provided to begin implementation of the Columbia river basin water supply development program in sections 2 through 6 of this act. Within this amount, the department shall support, to the extent that projects are ready to proceed and to the extent that resources allow, the following water supply projects, including, but not limited to: Storage development or storage enhancement projects, projects that provide surface water supply for the Odessa subarea within the boundaries of the Columbia basin federal reclamation project, projects that enhance water supplies for the Walla Walla and Yakima rivers through exchanges and other methods, and investments resulting in water use efficiency. The department shall report progress under this section to the appropriate committees of the legislature by December 1, 2006.
Appropriation:
State Building Construction Account--State. . . . .$16,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . .$52,610,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$68,610,000
Sec. 8. RCW 43.84.092 and 2005 c 514 s 1106, 2005 c 353 s 4, 2005 c 339 s 23, 2005 c 314 s 110, 2005 c 312 s 8, and 2005 c 94 s 2 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the Columbia river basin water supply development account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the education legacy trust account, the election account, the emergency reserve fund, The Evergreen State College capital projects account, the federal forest revolving account, the freight mobility investment account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the high-occupancy toll lanes operations account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup tribal settlement account, the real estate appraiser commission account, the regional transportation investment district account, the resource management cost account, the rural Washington loan fund, the site closure account, the small city pavement and sidewalk account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the transportation partnership account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 9. Sections 1 through 6 of this act constitute a new chapter in Title 90 RCW.
NEW SECTION. Sec. 10. This act takes effect July 1, 2006.
NEW SECTION. Sec. 11. If specific authority to issue general obligation bonds of at least two hundred million dollars for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2006, in a bond authorization act, this act is null and void."
Correct the title.
Representative Grant spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Grant, Newhouse, Chandler, Linville and Clements spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2860.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2860 and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, 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, 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, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 94.
Voting nay: Representatives Chase, Hasegawa, McCoy and Simpson - 4.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2860, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2848, By Representatives Lantz, Ericks, Santos, Williams, Rodne, Priest, Hudgins, Darneille, Morrell, Kessler, McDonald, Roberts, McCoy, Kenney, Campbell, P. Sullivan, Wallace, Hasegawa, Kilmer, Green, Simpson, Wood, Ormsby and Springer
Protecting confidentiality of domestic violence information.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2848 was substituted for House Bill No. 2848 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2848 was read the second time.
Representative Lantz moved the adoption of amendment (841):
On page 7, beginning on line 12, after "((However,))" strike all material through "section." on line 23
On page 8, after line 3, insert the following:
"(c) The department shall review methods to improve the protection and confidentiality of information for recipients of welfare assistance who have disclosed to the department that they are past or current victims of domestic violence or stalking."
Representatives Lantz and Priest spoke in favor of adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lantz and 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 Engrossed Substitute House Bill No. 2848.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2848 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. 2848, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2912, By Representatives Green, Appleton, Woods, Cody, Moeller, Haigh, Conway, Lantz, Hudgins, Roberts, McCoy, Kenney, Morrell, P. Sullivan, Hasegawa, Kilmer, Simpson and Ormsby
Requiring that mental health professionals do private home visits in pairs and providing for other safety and violence prevention measures.
The bill was read the second time.
There being no objection, Second Substitute House Bill No. 2912 was substituted for House Bill No. 2912 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 2912 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Green and Woods spoke in favor of passage of the bill.
Representative Alexander spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 2912.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2912 and the bill passed the House by the following vote: Yeas - 76, Nays - 22, Excused - 0.
Voting yea: Representatives Anderson, Appleton, Blake, Campbell, Chase, Clements, Clibborn, Cody, Conway, Crouse, Curtis, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hasegawa, 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, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Takko, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 76.
Voting nay: Representatives Ahern, Alexander, Armstrong, Bailey, Buck, Buri, Chandler, Condotta, Cox, DeBolt, Dunn, Haler, Hinkle, Holmquist, Kretz, Kristiansen, Newhouse, Orcutt, Roach, Shabro, Sump and Talcott - 22.
SECOND SUBSTITUTE HOUSE BILL NO. 2912, having received the necessary constitutional majority, was declared passed.
I intended to vote YEA on SECOND SUBSTITUTE HOUSE BILL NO. 2912.
RICHARD DeBOLT, 20th District
HOUSE BILL NO. 2942, By Representatives Curtis, Morrell, Campbell, Cody, Green, Clibborn, Kessler, Serben, Rodne, Moeller, McCune and Hasegawa
Concerning contracts of health care providers.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2942 was substituted for House Bill No. 2942 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2942 was read the second time.
Representative Curtis moved the adoption of amendment (819):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 48.30 RCW to read as follows:
(1) Whenever a health carrier's market share of persons covered by all health plans within a local market meets or exceeds forty percent as determined by the commissioner, the carrier may not directly, or indirectly through a subcontracted network, terminate a provider contract except for reasonable cause within that local market.
(2) Whenever a health carrier's market share of persons covered by all health plans within a local market meets or exceeds forty percent as determined by the commissioner, the carrier and any subcontracted network of the carrier shall offer a provider contract to any provider within the local market who meets the carrier's customary and reasonable credentialing standards and agrees to comply with the terms and conditions of the provider contract including provisions related to quality assurance and utilization review.
(3) Beginning January 1, 2007, and every two years following, after reasonable consideration of the information available from regularly filed reports by carriers doing business in this state, the commissioner shall publish a report identifying the carrier and the local market within the state where the carrier's practices must conform to the requirements of this section for the two years following such identification. In making the determination, the commissioner shall consider the carrier's local market share of persons covered under all health plans providing direct or indirect reimbursement of health care service.
(4) For the purposes of this section, "local market" means that geographic area within the state where the particular carrier controls forty percent or more of the market share of persons covered by all health plans such as a particular county or a particular metropolitan area as determined by the commissioner. In defining the local market, the commissioner may consider the network reports filed with the commissioner by carriers and standards used by the United States department of justice antitrust division.
(5) For purposes of this section, "health plan" includes a health plan as defined in RCW 48.43.005 and medical coverage programs administered by the health care authority that are underwritten by a health carrier.
(6) Nothing in this section may be deemed to require the commissioner to rely upon any particular source of information in making a finding required by this section.
(7) Nothing in this section shall diminish or impair any other statutory provision prohibiting discrimination against any class of providers.
(8) The provisions of this section do not apply to staff model health maintenance organizations.
NEW SECTION. Sec. 2. A new section is added to chapter 48.30 RCW to read as follows:
A carrier may impose a reasonable fee to the health care provider to cover the cost of the credentialing and application of a licensed, participating health care provider, and all fees must apply equally to all health professions.
NEW SECTION. Sec. 3. The insurance commissioner may adopt rules to implement this act."
Representative Serben moved the adoption of amendment (856) to amendment (819):
On page 1, line 6 of the amendment, strike "forty" and insert "fifty-one"
On page 1, line 11 of the amendment, strike "forty" and insert "fifty-one"
On page 1, line 30 of the amendment, strike "forty" and insert "fifty-one"
Representative Serben spoke in favor of the adoption of the amendment to the amendment.
Representative Cody spoke against the adoption of the amendment to the amendment.
The amendment to the amendment was not adopted.
Representative Hinkle moved the adoption of amendment (877) to amendment (819):
On page 1, at the beginning of line 16, insert "reimbursement rates, termination provision,"
Representatives Hinkle and Cody spoke in favor of the adoption of the amendment to the amendment.
The amendment to the amendment was adopted.
Representative Bailey moved the adoption of amendment (900) to amendment (819):
On page 1, line 24, after "identification" add ", except as provided for in subsection (4)"
On page 1, after line 27, insert "(4) The commissioner shall reconsider the determination made under subsection (3) at any time that a carrier requests a reconsideration."
Renumber the subsections accordingly and correct internal references.
Representative Bailey spoke in favor of the adoption of the amendment to the amendment.
Representative Cody spoke against the adoption of the amendment to the amendment.
The amendment to the amendment was not adopted.
Representative Hinkle moved the adoption of amendment (878) to amendment (819):
On page 2, line 8, after "authority" strike all material through "carrier" on line 9
Representative Hinkle spoke in favor of the adoption of the amendment to the amendment.
Representative Cody spoke against the adoption of the amendment to the amendment.
The amendment to the amendment was not adopted.
Representative Bailey moved the adoption of amendment (901) to amendment (819):
On page 2, line 9, after "carrier." insert "For the purposes of this section, "provider" means those persons who are credentialed by a disciplining authority listed under RCW 18.130.040."
Representatives Bailey and Cody spoke in favor of the adoption of the amendment to the amendment.
The amendment to the amendment was adopted.
Representative Bailey moved the adoption of amendment (899) to amendment (819):
On page 2, line 20, after "may" strike all material through "provider" on line 22, and insert "impose directly or indirectly reasonable fees to the health care provider to cover the cost of the credentialing, application, and termination of a licensed, participating health care providers. "Reasonable fee" shall be not less than two hundred fifty dollars and not more than five hundred dollars."
Representative Bailey spoke in favor of the adoption of the amendment to the amendment.
Representative Cody spoke against the adoption of the amendment to the amendment.
The amendment to the amendment was not adopted.
Representative Hinkle moved the adoption of amendment (879) to amendment (819):
On page 2, after line 25, insert the following:
"NEW SECTION. Sec.4. This act takes effect July 1, 2007."
Correct the title.
Representative Hinkle spoke in favor of the adoption of the amendment to the amendment.
Representative Green spoke against the adoption of the amendment to the amendment.
The amendment to the amendment was not adopted.
The question before the House is the adoption of amendment (819) as amended.
Representative Curtis spoke in favor of adoption of the amendment as amended.
The amendment (819) was adopted as amended.
By the action of the House, amendment (914) was ruled out of order.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Curtis, Cody and Orcutt spoke in favor of passage of the bill.
Representatives Hinkle and Bailey 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. 2942.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2942 and the bill passed the House by the following vote: Yeas - 73, Nays - 25, Excused - 0.
Voting yea: Representatives Anderson, Appleton, Blake, Buck, Buri, Campbell, Chase, Clibborn, Cody, Conway, Crouse, Curtis, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Morrell, Morris, Murray, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Sommers, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Walsh, Williams, Wood and Mr. Speaker - 73.
Voting nay: Representatives Ahern, Alexander, Armstrong, Bailey, Chandler, Clements, Condotta, Cox, DeBolt, Dunn, Ericksen, Hinkle, Holmquist, Kretz, Kristiansen, Moeller, Newhouse, Nixon, Skinner, Springer, Strow, Sump, Talcott, Tom and Woods - 25.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2942, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3207, By Representative Santos
Creating the community preservation authority program.
The bill was read the second time.
There being no objection, Substitute House Bill No. 3207 was substituted for House Bill No. 3207 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 3207 was read the second time.
Representative Santos moved the adoption of amendment (872):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Major public facilities, public works, and capital projects with significant public funding generally aim to accrue broad benefits to the people of Washington. However, frequently overlooked or inadequately addressed is the interest of the stakeholder community that bears the disproportionate cost of the broad public benefit by absorbing a deleterious impact upon itself. These impacts may include dislocation, displacement, and the overall disintegration of an identifiable existing community and its historical and cultural character. The legislature finds that the preservation and restoration of the character of such a community, and the community's historical and cultural character, are important public policy goals that can be achieved through the creation of community preservation authorities.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Community" means a group of people who reside or work in a well-defined geographic area and who currently or historically share a distinct cultural identity or local history.
(2) "Community preservation authority" means an authority created by members of an impacted community.
(3) "Impacted community" means a community that has been or has the potential to be adversely impacted by the construction of, or ongoing operation of, multiple major public facilities, public works, and capital projects with significant public funding.
(4) "Major public facilities project, public works project, or capital project with significant public funding" means any capital project whose total cost exceeds ten million dollars.
(5) "Single point of contact" means a cabinet-level state agency directed by the legislature to work with community preservation authorities to ensure communication and consultation among state and local governments and communities that may be impacted by future major public facilities, public works, or capital projects with significant public funding.
NEW SECTION. Sec. 3. (1) Community preservation authorities are hereby created to restore or enhance the health, safety, and well-being of communities adversely impacted by the construction of, or ongoing operation of, multiple major public facilities, public works, and capital projects with significant public funding.
(2) Community preservation authorities have the following purposes:
(a) To revitalize, enhance, and preserve the unique character of impacted communities;
(b) To mitigate the adverse effects of multiple major public facilities projects, public works projects, or capital projects with significant public funding, or a secure community transition facility as defined in RCW 71.09.020(14);
(c) To restore a local area's sense of community;
(d) To reduce the displacement of community members and businesses;
(e) To stimulate the community's economic vitality;
(f) To enhance public service provisions;
(g) To improve the standard of living of community members;
(h) To preserve historic buildings or areas by returning them to economically productive uses that are compatible with or enhance their historic character; and
(i) To raise the visibility of the consequences of public policy decisions and actions.
NEW SECTION. Sec. 4. (1) Members of an impacted community may propose formation of a community preservation authority to the state legislative delegation representing the area in which the community is located.
(2) The affairs of a community preservation authority must be managed by a board of directors, including the following members:
(a) Two members who own, operate, or represent businesses within the community;
(b) Two members who are involved in providing nonprofit community or social services within the community;
(c) Two members who are involved in the arts and entertainment within the community;
(d) Two members with significant knowledge of the community's culture and history; and
(e) One member who is involved in a nonprofit or public planning organization that directly serves the impacted community.
(3) In appointing members to the board of directors, preference will be given to candidates who reside within the impacted community.
NEW SECTION. Sec. 5. Once constituted, a community preservation authority shall:
(1) Solicit input from members of its community and develop a capital projects plan to restore or enhance the health, safety, and well-being of the impacted community and to preserve and recapture its cultural and historical identity;
(2) Include within the plan a prioritized list of projects identified and supported by the community, including capital or operating components that address one or more of the purposes under section 3 of this act;
(3) Work in partnership with a designated state agency to assist organizations that serve the impacted community to identify and successfully compete for local, state, federal, and private funding to carry out projects that will benefit the impacted area; and
(4) Work with the single point of contact to ensure that state and local government officials communicate and consult fully with the impacted community and with each other prior to making siting, design, and construction decisions for future public facilities, public works projects, and capital projects with significant public funding. The single point of contact must make every effort to ensure that the cumulative effects of multiple projects upon the impacted community are considered.
NEW SECTION. Sec. 6. The community preservation authority account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for projects under this chapter.
NEW SECTION. Sec. 7. By November 15, 2006, the department of community, trade, and economic development shall develop and report to the appropriate committees of the legislature recommendations for a community preservation authorities program. The department shall develop the recommendations within existing resources and shall consult with at least one community that has an interest in forming such an authority. The recommendations must include statutory and budgetary elements needed to support the program and must address operational issues, including: (1) The appointing authority and process by which community preservation authority board members are named; (2) state agencies that should be considered for designation as the single point of contact; (3) the means for establishing the authorities' eligibility for grant and loan programs; (4) how the community preservation authorities program should address the potential impacts of major public facilities, public works, and capital projects sited within and adjacent to the community's geographic boundaries; and (5) any other issues that must be resolved in order to operate the program.
NEW SECTION. Sec. 8. Sections 1 through 6 of this act constitute a new chapter in Title 43 RCW."
Representative Santos spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Santos and Linville spoke in favor of passage of the bill.
Representative Kristiansen 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. 3207.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3207 and the bill passed the House by the following vote: Yeas - 59, Nays - 39, Excused - 0.
Voting yea: Representatives Anderson, Appleton, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Skinner, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Williams, Wood, and Mr. Speaker - 59.
Voting nay: Representatives Ahern, Alexander, Armstrong, Bailey, Buck, Buri, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Strow, Sump, Talcott, Tom, Walsh, and Woods - 39.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 3207, having received the necessary constitutional majority, was declared passed.
HOUSE JOINT MEMORIAL NO. 4031, By Representatives Appleton, B. Sullivan, Green, Takko, McCoy, Hunt, Darneille, Flannigan, Kessler, Chase, Eickmeyer, Morris, McIntire, Murray, Woods, O'Brien, Ericks, Pettigrew, Moeller, Dunshee, Lantz, Schual-Berke, Lovick, Morrell, Kenney, Clibborn, Sommers, Walsh, Strow, Haler, Talcott, Jarrett, Wallace, Dickerson, Conway, P. Sullivan, Hasegawa, Upthegrove, Rodne, Hankins, Williams, Springer, Cody, McDermott, Sells, Miloscia, Kagi, Campbell, Simpson, Roberts and Kilmer
Preserving section 5 of the Marine Mammal Protection Act to protect Puget Sound.
The joint memorial was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the joint memorial was placed on final passage.
Representative Appleton spoke in favor of passage of the joint memorial.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Joint Memorial No. 4031.
ROLL CALL
The Clerk called the roll on the final passage of House Joint Memorial No. 4031 and the joint memorial passed the House by the following vote: Yeas - 86, Nays - 12, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Blake, Buck, Buri, Campbell, Chase, Clements, Clibborn, Cody, Conway, Curtis, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, 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, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 86.
Voting nay: Representatives Armstrong, Bailey, Chandler, Condotta, Cox, Crouse, Dunn, Hinkle, Holmquist, Kristiansen, Schindler and Sump - 12.
HOUSE JOINT MEMORIAL NO. 4031, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2325, By Representatives Simpson, Tom, B. Sullivan, Springer, Sells, Holmquist, McCune, O'Brien, Pettigrew, Ahern, DeBolt, Jarrett, Appleton, Miloscia, Ormsby, Dunn, Priest, Roach, Dunshee, Woods, Hunter and Ericks
Encouraging the development of affordable housing.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2325 was substituted for House Bill No. 2325 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2325 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives 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 Substitute House Bill No. 2325.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2325 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. 2325, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2345, By Representatives Simpson, Rodne, Appleton and Haler
Addressing regional fire protection service authorities.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2345 was substituted for House Bill No. 2345 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2345 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives 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 Substitute House Bill No. 2345.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2345 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. 2345, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2632, By Representatives Darneille, Green, Morrell, Appleton, Upthegrove, Murray, Cody, Moeller and McDermott
Modifying human immunodeficiency virus insurance program provisions.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Darneille spoke in favor of passage of the bill.
Representative Alexander spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2632.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2632 and the bill passed the House by the following vote: Yeas - 59, Nays - 39, Excused - 0.
Voting yea: Representatives Appleton, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Shabro, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Williams, Wood, Woods and Mr. Speaker - 59.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Skinner, Strow, Sump, Talcott, Tom and Walsh - 39.
HOUSE BILL NO. 2632, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2833, By Representatives Haigh, Eickmeyer, Green, Morris, Crouse, Armstrong, Curtis, Sump, Dunshee and Clements
Adding members to the state board for volunteer fire fighters and reserve officers.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2833 was substituted for House Bill No. 2833 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2833 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Haigh 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. 2833.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2833 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. 2833, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3106, By Representatives Kenney, Buri, Cox, McIntire and Ericks
Changing public works provisions for institutions of higher education.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kenney and Buri 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. 3106.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3106 and the bill passed the House by the following vote: Yeas - 79, Nays - 19, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Blake, Buck, Buri, Campbell, Chase, Clements, Clibborn, Cody, Conway, Cox, Curtis, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Orcutt, Ormsby, Pettigrew, Priest, Quall, Roberts, Rodne, Santos, Schual-Berke, Sells, Serben, Simpson, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Tom, Upthegrove, Wallace, Walsh, Williams, Wood and Mr. Speaker - 79.
Voting nay: Representatives Armstrong, Bailey, Chandler, Condotta, Crouse, Dunn, Ericksen, Hinkle, Holmquist, Kristiansen, Newhouse, Nixon, Pearson, Roach, Schindler, Shabro, Skinner, Talcott and Woods - 19.
HOUSE BILL NO. 3106, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3156, By Representatives Darneille, Haler, Dickerson, Morrell, Pettigrew and Simpson
Creating a pilot program to assist low-income families.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Darneille and Walsh 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. 3156.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3156 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, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, 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, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 93.
Voting nay: Representatives Dunn, Ericksen, Holmquist, Nixon and Talcott - 5.
HOUSE BILL NO. 3156, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3157, By Representatives Darneille, Haler, Morrell, Dickerson, Pettigrew, Simpson, Hudgins and Santos
Requiring that TANF recipients be given information on available programs for financial literacy.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Darneille, Haler and Hinkle 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. 3157.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3157 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. 3157, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2842, By Representatives B. Sullivan, Anderson, Quall, Tom, Chase and Simpson
Requiring that organ donation awareness be taught in public schools.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2842 was substituted for House Bill No. 2842 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2842 was read the second time.
Representative Bailey moved the adoption of amendment (847):
On page 2, after line 12, insert the following:
"(4) At least fourteen days before teaching organ donation awareness, each school district shall notify parents or guardians of the presentation, that the curricula materials are available for inspection, and that parents or guardians may request in writing that their students be excused from the instruction. No student may be required to participate in organ donation awareness instruction if the student's parent or guardian requests in writing that the student be excused from such instruction, and the student shall not be academically penalized due to being excused."
Representatives Bailey and B. Sullivan spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
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, Anderson and Curtis spoke in favor of passage of the bill.
Representatives Talcott, Hankins, Kristiansen 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. 2842.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2842 and the bill passed the House by the following vote: Yeas - 58, Nays - 40, Excused - 0.
Voting yea: Representatives Anderson, Appleton, Blake, Chase, Clements, Clibborn, Cody, Conway, Curtis, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Tom, Upthegrove, Wallace, Williams, Wood and Mr. Speaker - 58.
Voting nay: Representatives Ahern, Alexander, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Condotta, Cox, Crouse, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Kretz, Kristiansen, Lantz, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Roberts, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Walsh and Woods - 40.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2842, having received the necessary constitutional majority, was declared passed.
MESSAGES FROM THE SENATE
February 13, 2006
Mr. Speaker:
The Senate has passed:
ENGROSSED SENATE BILL NO. 5462,
SUBSTITUTE SENATE BILL NO. 6367,
SUBSTITUTE SENATE BILL NO. 6369,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6391,
SECOND SUBSTITUTE SENATE BILL NO. 6497,
and the same are herewith transmitted.
Thomas Hoemann, Secretary
February 13, 2006
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 6133,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6189,
SECOND SUBSTITUTE SENATE BILL NO. 6193,
ENGROSSED SENATE BILL NO. 6194,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6232,
SUBSTITUTE SENATE BILL NO. 6234,
SUBSTITUTE SENATE BILL NO. 6308,
SUBSTITUTE SENATE BILL NO. 6362,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6802,
and the same are herewith transmitted.
Thomas Hoemann, Secretary
INTRODUCTION & FIRST 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 1st Reading.
ESSB 6106 by Senate Committee on Health & Long-Term Care (originally sponsored by Senator Brandland)
AN ACT Relating to disclosure of health care information for law enforcement purposes; amending RCW 70.02.010, 70.02.050, and 68.50.320; creating a new section; and declaring an emergency.
Referred to Committee on Health Care.
SB 6162 by Senator Haugen; by request of Transportation Improvement Board
AN ACT Relating to the urban arterial program; and amending RCW 47.26.080, 47.26.115, 47.26.121, 47.26.140, 47.26.164, and 47.26.190.
Referred to Committee on Transportation.
SSB 6225 by Senate Committee on Labor, Commerce, Research & Development (originally sponsored by Senators Rasmussen, Honeyford, Haugen, Morton, Hewitt, Rockefeller, Pflug, Parlette, Shin and Oke)
AN ACT Relating to regulating the business of installing, repairing, and maintaining domestic water pumping systems; amending RCW 18.106.010, 18.106.040, 18.106.050, 18.106.110, 19.28.041, 19.28.161, 19.28.051, 19.28.061, 18.106.070, 18.106.020, 19.28.211, 19.28.131, and 18.27.060; reenacting and amending RCW 19.28.191; and prescribing penalties.
Referred to Committee on Commerce & Labor.
ESSB 6244 by Senate Committee on Water, Energy & Environment (originally sponsored by Senators Rockefeller, Morton, Poulsen, Fairley, Kline, Shin, Kohl-Welles and Spanel; by request of Department of Ecology)
AN ACT Relating to oil spill prevention, preparedness, and response; and adding new sections to chapter 88.46 RCW.
Referred to Committee on Natural Resources, Ecology & Parks.
SSB 6247 by Senate Committee on Transportation (originally sponsored by Senators Haugen and Benson)
AN ACT Relating to uniform administration of locally imposed motor vehicle excise taxes; amending RCW 81.100.060, 82.44.060, 82.80.130, 82.44.065, 82.44.090, 82.44.100, and 82.44.120; adding new sections to chapter 82.44 RCW; and repealing RCW 82.44.022, 82.44.023, 82.44.025, 82.44.080, 82.44.130, 82.44.155, 82.44.157, 82.44.160, and 82.44.170.
Referred to Committee on Transportation.
SB 6248 by Senators Haugen, Benson, Shin and Sheldon
AN ACT Relating to drainage and diking works; and amending RCW 85.07.170 and 47.01.260.
Referred to Committee on Transportation.
SSB 6417 by Senate Committee on Judiciary (originally sponsored by Senators Roach, Kline, Jacobsen, Esser, Weinstein, Thibaudeau, Benson, Rasmussen, Schmidt, Carrell, Morton, Deccio, Stevens, Mulliken, McCaslin, Hargrove and Delvin)
AN ACT Relating to animal cruelty; amending RCW 16.52.205; reenacting and amending RCW 9.94A.515; and prescribing penalties.
Referred to Committee on Criminal Justice & Corrections.
SSB 6528 by Senate Committee on Transportation (originally sponsored by Senators Mulliken, Kastama, Benson, Oke, Esser, Berkey and Sheldon; by request of Department of Transportation)
AN ACT Relating to authorization for the department of transportation to allow roadside tire chain installation and removal businesses on state highway rights of way; amending RCW 47.32.120; and adding a new section to chapter 47.04 RCW.
Referred to Committee on Transportation.
SB 6531 by Senators Weinstein, Fraser and Kline
AN ACT Relating to preserving remedies when limited liability companies dissolve; and adding a new section to chapter 25.15 RCW.
Referred to Committee on Judiciary.
SB 6545 by Senators Sheldon, Esser, Benson and Haugen; by request of Washington State Patrol
AN ACT Relating to the minimum height requirement for the attachment of vehicle license plates; and reenacting and amending RCW 46.16.240.
Referred to Committee on Transportation.
SB 6549 by Senators Benson, Jacobsen, Mulliken and Berkey; by request of Washington State Patrol
AN ACT Relating to commercial vehicles; and amending RCW 46.25.010, 46.32.005, 46.37.395, and 46.44.105.
Referred to Committee on Transportation.
SSB 6552 by Senate Committee on Transportation (originally sponsored by Senators Benson, Haugen, Mulliken, Berkey and Sheldon; by request of Department of Licensing)
AN ACT Relating to commercial driver's licenses; and amending RCW 46.20.270, 46.25.010, 46.25.050, 46.25.090, 46.25.120, 46.52.101, and 46.63.070.
Referred to Committee on Transportation.
ESSB 6566 by Senate Committee on Transportation (originally sponsored by Senators Eide, Esser, Swecker, Haugen, Prentice and McAuliffe; by request of Department of Transportation)
AN ACT Relating to commute trip reduction; amending RCW 70.94.524, 70.94.527, 70.94.531, 70.94.534, 70.94.537, 70.94.541, 70.94.544, 70.94.547, and 70.94.551; and adding a new section to chapter 70.94 RCW.
Referred to Committee on Transportation.
SB 6596 by Senators Kline, Johnson, Weinstein and Esser
AN ACT Relating to the dissolution of Washington corporations; amending RCW 7.60.025, 23B.06.400, 23B.08.310, 23B.12.010, 23B.14.010, 23B.14.020, 23B.14.030, 23B.14.050, 23B.14.060, 23B.14.210, 23B.14.220, 23B.14.300, 23B.14.310, 23B.14.320, 23B.14.340, and 23B.14.400; and adding new sections to chapter 23B.14 RCW.
Referred to Committee on Judiciary.
SSB 6670 by Senate Committee on Judiciary (originally sponsored by Senators Shin, Delvin, Fraser, Hargrove and Johnson)
AN ACT Relating to court filing fees; amending RCW 36.18.012, 60.04.081, and 60.70.060; and reenacting and amending RCW 36.18.016.
Referred to Committee on Judiciary.
SSB 6785 by Senate Committee on Transportation (originally sponsored by Senators Jacobsen, Swecker, Haugen and Benson; by request of Department of Transportation and Department of Licensing)
AN ACT Relating to the administration of fuel taxes; amending RCW 82.36.010, 82.36.020, 82.36.025, 82.36.026, 82.36.027, 82.36.029, 82.36.031, 82.36.035, 82.36.045, 82.36.060, 82.36.080, 82.36.160, 82.36.180, 82.36.275, 82.36.280, 82.36.285, 82.36.290, 82.36.320, 82.36.340, 82.36.370, 82.36.380, 82.36.450, 82.38.020, 82.38.030, 82.38.032, 82.38.035, 82.38.050, 82.38.090, 82.38.100, 82.38.110, 82.38.130, 82.38.140, 82.38.150, 82.38.160, 82.38.180, 82.38.270, 82.38.310, and 82.38.320; adding new sections to chapter 82.36 RCW; repealing RCW 82.36.042, 82.36.044, 82.36.273, 82.36.305, 82.36.360, 82.36.373, 82.36.407, 82.38.070, 82.38.071, 82.38.081, 82.38.165, 82.38.185, and 82.38.285; prescribing penalties; and declaring an emergency.
Referred to Committee on Transportation.
SSB 6794 by Senate Committee on Transportation (originally sponsored by Senators Haugen, Esser, Jacobsen, Mulliken and Spanel; by request of Department of Transportation)
AN ACT Relating to collective bargaining by state ferry employees; amending RCW 47.64.011, 47.64.120, 47.64.130, 47.64.140, 47.64.170, 47.64.200, 47.64.210, 47.64.220, 47.64.220, 47.64.230, 47.64.270, and 47.64.280; adding new sections to chapter 47.64 RCW; creating a new section; repealing RCW 47.64.180, 47.64.190, and 47.64.240; providing an effective date; providing an expiration date; and declaring an emergency.
Referred to Committee on Commerce & Labor.
ESSB 6800 by Senate Committee on Transportation (originally sponsored by Senators Haugen, Jacobsen and Rockefeller; by request of Governor Gregoire)
AN ACT Relating to streamlining state transportation governance; amending RCW 47.01.051, 47.01.061, 47.01.071, 47.01.075, 47.01.091, 47.01.101, 47.01.280, 47.05.021, 36.57A.191, 36.78.121, 36.79.120, 36.79.130, 36.120.020, 43.10.101, 46.44.042, 46.44.080, 46.44.090, 46.44.092, 46.44.096, 46.61.450, 46.68.113, 47.28.010, 47.28.170, 47.38.060, 47.52.133, 47.52.145, 47.52.210, 81.112.086, 36.56.121, 36.57A.070, 47.10.861, 47.10.862, 47.10.843, 47.10.844, 47.10.834, 47.10.835, 47.10.819, 47.10.820, 47.02.120, 47.02.140, 47.17.132, and 47.24.010; reenacting and amending RCW 43.88.030; adding a new section to chapter 47.01 RCW; repealing RCW 44.75.010, 44.75.020, 44.75.030, 44.75.040, 44.75.050, 44.75.060, 44.75.070, 44.75.080, 44.75.090, 44.75.100, 44.75.110, 44.75.120, 44.75.800, 44.75.900, and 44.75.901; and providing an effective date.
Referred to Committee on Transportation.
SSB 6830 by Senate Committee on Transportation (originally sponsored by Senators Benton, Haugen, Benson, Oke, Deccio, Schmidt, Sheldon, Weinstein, Poulsen, Roach, Pridemore, Zarelli, McAuliffe, Carrell, Kohl-Welles, Rasmussen, Eide, Shin, Rockefeller, Delvin, Franklin and Johnson)
AN ACT Relating to "Support Our Troops" special license plates; amending RCW 46.16.601, 46.16.745, and 46.16.316; reenacting and amending RCW 46.16.313 and 46.16.725; adding new sections to chapter 46.16 RCW; adding a new section to chapter 46.04 RCW; and providing an effective date.
Referred to Committee on Transportation.
ESSB 6839 by Senate Committee on Transportation (originally sponsored by Senator Haugen)
AN ACT Relating to transportation accounts and revenue distributions; amending RCW 46.68.035, 46.16.086, 46.16.162, 46.68.135, 46.68.290, and 46.17.010; reenacting and amending RCW 43.84.092 and 43.84.092; adding new sections to chapter 46.68 RCW; creating a new section; providing an effective date; and providing an expiration date.
Referred to Committee on Transportation.
SSB 6853 by Senate Committee on Transportation (originally sponsored by Senators Haugen and Benson; by request of Department of Transportation)
AN ACT Relating to vessel procurement; amending RCW 47.60.818 and 47.60.820; and adding new sections to chapter 47.60 RCW.
Referred to Committee on Transportation.
There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 3122, By Representatives Kagi, Walsh, Dickerson, Darneille, Ericks, Ormsby and Roberts
Recognizing the safety of child protective, child welfare, and adult protective services workers.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kagi and Walsh 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. 3122.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3122 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. 3122, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2471, By Representatives McCune, Miloscia, Dunn, Campbell, Linville, Morrell, Strow, O'Brien, Green, Sells, Chase and Holmquist
Creating a veteran homeownership program.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2471 was substituted for House Bill No. 2471 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2471 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McCune, Miloscia, Armstrong and Clements 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. 2471.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2471 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. 2471, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2553, By Representatives Kirby and Morrell; by request of Insurance Commissioner
Regulating service contracts and guarantee protection products.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2553 was substituted for House Bill No. 2553 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2553 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kirby and Roach 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. 2553.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2553 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. 2553, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2579, By Representatives Upthegrove, Lantz, Dickerson, Appleton, Morrell, Hasegawa, Quall, Hunter, Haler, O'Brien, Murray, Hunt, Schual-Berke, Ormsby, Springer and Moeller
Requiring classroom-based civics assessments.
The bill was read the second time.
Representative Talcott moved the adoption of amendment (731):
On page 2, line 9, after "civics assessment" strike "shall" and insert "may"
Representatives Talcott and Upthegrove spoke in favor of the adoption of the amendment.
Representative Hunter spoke against the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Upthegrove, Talcott and Roach 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. 2579.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2579 and the bill passed the House by the following vote: Yeas - 83, Nays - 15, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, 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, Schindler, Schual-Berke, Sells, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Takko, Talcott, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 83.
Voting nay: Representatives Ahern, Curtis, Jarrett, Kretz, Kristiansen, McCune, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Serben, Sump and Tom - 15.
ENGROSSED HOUSE BILL NO. 2579, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2776, By Representatives Dickerson, Kirby, Roach and McDonald
Regulating home heating fuel service contracts.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2776 was substituted for House Bill No. 2776 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2776 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Dickerson and Roach 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. 2776.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2776 and the bill passed the House by the following vote: Yeas - 95, Nays - 3, 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, 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 - 95.
Voting nay: Representatives Anderson, Dunn and Nixon - 3.
SUBSTITUTE HOUSE BILL NO. 2776, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2863, By Representatives Kirby, Roach, Ericks, McDonald, Simpson and Santos
Requiring lenders to consider retail installment contracts for the purchase of motor vehicles.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2863 was substituted for House Bill No. 2863 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2863 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kirby and Roach 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. 2863.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2863 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, 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 - 96.
Voting nay: Representatives Dunn and Nixon - 2.
SUBSTITUTE HOUSE BILL NO. 2863, having received the necessary constitutional majority, was declared passed.
The Speaker assumed the chair.
HOUSE BILL NO. 2898, By Representatives Hunt and Williams
Regulating distribution of communications by state employees.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2898 was substituted for House Bill No. 2898 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2898 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hunt 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. 2898.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2898 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, 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, Williams, Wood, Woods and Mr. Speaker - 97.
Voting nay: Representative Walsh - 1.
SUBSTITUTE HOUSE BILL NO. 2898, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2914, By Representatives Roberts, Haler, Darneille, Kagi, Dickerson, Morrell, Hankins, Green and Simpson
Regarding compliance with certification standards for providers of residential services and support to persons with developmental disabilities.
The bill was read the second time.
There being no objection, Second Substitute House Bill No. 2914 was substituted for House Bill No. 2914 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 2914 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Roberts and Haler 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. 2914.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2914 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.
SECOND SUBSTITUTE HOUSE BILL NO. 2914, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2984, By Representatives Springer, Jarrett, Simpson, Clibborn, B. Sullivan, Hasegawa, Sells, P. Sullivan, Moeller, Santos and Green
Authorizing cities, towns, and counties to implement affordable housing incentive programs.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2984 was substituted for House Bill No. 2984 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2984 was read the second time.
Representative Springer moved the adoption of amendment (848):
On page 2, beginning on line 10, strike all material through "housing" on page 4, line 10, and insert the following:
"(1)(a) Any city or county planning under RCW 36.70A.040 may enact or expand affordable housing incentive programs providing for the development of low-income housing units through development regulations. An affordable housing incentive program may include, but is not limited to:
(i) Density bonuses within the urban growth area;
(ii) Height bonuses;
(iii) Fee waivers or exemptions;
(iv) Parking reductions; or
(v) Expedited permitting, conditioned on provision of low-income housing units.
(b) The city or county may enact or expand such programs whether or not the programs may impose a tax, fee, or charge on the development or construction of property.
(c) A city, county, or town may not condition, deny, or delay the issuance of a permit or development approval based on the provisions in this chapter due to the absence of participation in a program adopted under this section.
(2) Affordable housing incentive programs enacted or expanded under this section or section 3 of this act shall comply with the following:
(a) The incentives or bonuses shall provide for the construction of low-income housing units;
(b) Jurisdictions shall establish standards for low-income renter or owner occupancy housing, including income guidelines consistent with local housing needs, to assist low-income households that cannot afford market-rate housing. Low-income households are defined for renter and owner occupancy program purposes as follows:
(i) Rental housing units to be developed shall be affordable to and occupied by households with an income of fifty percent or less of the county median family income, adjusted for family size; and
(ii) Owner occupancy housing units shall be affordable to and occupied by households with an income of eighty percent or less of the county median family income, adjusted for family size. The legislative authority of a jurisdiction, after holding a public hearing, may establish lower income levels. The legislative authority of a jurisdiction, after holding a public hearing, may also establish higher income levels for rental housing or for owner occupancy housing upon finding that higher income levels are needed to address local housing market conditions. The higher income level for rental housing may not exceed eighty percent of the county area median family income. The higher income level for owner occupancy housing may not exceed one hundred percent of the county area median family income. These established higher income levels must be considered "low-income" for the purposes of this section;
(c) The jurisdiction shall establish a maximum rent level or sales price for each low-income housing unit developed under the terms of a program and may adjust these levels or prices based on the average size of the household expected to occupy the unit. For renter-occupied housing units, the total housing costs, including basic utilities as determined by the jurisdiction, may not exceed thirty percent of the income limit for the low-income housing unit;
(d) Low-income housing units shall be provided in a range of sizes comparable to those units that are available to other residents. To the extent practicable, the number of bedrooms in low-income units must be in the same proportion as the number of bedrooms in units within the entire building. The low-income units shall generally be distributed throughout the building, except that units may be provided in an adjacent building. The low-income units shall have substantially the same equipment and amenities, excluding luxury amenities such as fireplaces and spa bathtubs, as the other units in the building or buildings;
(e) Low-income housing units developed under an affordable housing incentive program shall be committed to continuing affordability for at least fifty years. A local government, however, may accept payments in lieu of continuing affordability. The program shall include measures to enforce continuing affordability and income standards applicable to low-income units constructed under this section that may include, but are not limited to, covenants, options, or other agreements to be executed and recorded by owners and developers;
(f) Programs authorized under subsection (1) of this section may apply to part or all of a jurisdiction and different standards may be applied to different areas within a jurisdiction. Programs authorized under this section may be modified to meet local needs and may include provisions not expressly provided in this section or section 3 of this act; and
(g) Required low-income housing units are encouraged to be provided within market-rate housing developments for which a bonus or incentive is provided. However, programs may allow units to be provided in an adjacent building and may allow payments of money or property in lieu of low-income housing units if the payment equals the approximate cost of developing the same number and quality of housing units that would otherwise be developed. Any city or county may use these funds or property to support the development of low-income housing, including support provided through loans or grants to public or private owners or developers of housing.
(3) Affordable housing incentive programs enacted or expanded under this section may be applied within the jurisdiction to address the need for increased residential development, consistent with local growth management and housing policies, as follows:
(a) The jurisdiction shall identify certain land use designations within a geographic area where increased residential development will assist in achieving local growth management and housing policies;
(b) The jurisdiction shall provide increased residential development capacity through zoning changes, bonus densities, height increases, parking reductions, or other regulatory changes or other incentives;
(c) The jurisdiction shall determine that increased residential development capacity or other incentives can be achieved within the identified area, subject to consideration of other regulatory controls on development; and
(d) The jurisdiction may establish a minimum amount of affordable housing that must be provided by all residential developments being built under the revised regulations, consistent with the requirements of this section"
Representatives Springer and Schindler spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Springer spoke in favor of passage of the bill.
Representative Tom spoke against the passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2984.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2984 and the bill passed the House by the following vote: Yeas - 60, Nays - 38, Excused - 0.
Voting yea: Representatives Appleton, Blake, Campbell, Chase, Clements, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Skinner, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Williams, Wood and Mr. Speaker - 60.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Chandler, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hinkle, Holmquist, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Strow, Sump, Talcott, Tom, Walsh and Woods - 38.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2984, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2987, By Representatives Kagi, Clibborn and Dickerson
Increasing penalties for vehicle gross weight violations.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2987 was substituted for House Bill No. 2987 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2987 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kagi and Woods spoke in favor of passage of the bill.
Representative Armstrong spoke against the passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2987.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2987 and the bill passed the House by the following vote: Yeas - 72, Nays - 26, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Appleton, Buck, Campbell, Chase, Clements, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Green, Haigh, Haler, Hankins, Hasegawa, 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, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schual-Berke, Sells, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Takko, Tom, Upthegrove, Wallace, Williams, Wood, Woods and Mr. Speaker - 72.
Voting nay: Representatives Anderson, Armstrong, Bailey, Blake, Buri, Chandler, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Grant, Hinkle, Holmquist, Kretz, Kristiansen, Newhouse, Orcutt, Pearson, Schindler, Serben, Sump, Talcott and Walsh - 26.
SUBSTITUTE HOUSE BILL NO. 2987, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3127, By Representatives Santos, Hasegawa, McCoy, P. Sullivan, McDermott, Upthegrove, Pettigrew and Morrell
Regarding the center for the improvement of student learning.
The bill was read the second time.
There being no objection, Substitute House Bill No. 3127 was substituted for House Bill No. 3127 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 3127 was read the second time.
With the consent of the House, amendments (753), (770), (780), (775), (772), (765), (782), (748), (746), (744), (767), (769), (795)and (778) were withdrawn.
Representative Santos moved the adoption of amendment (920):
Strike all language after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. The legislature further finds that students and schools benefit from increased parental, guardian, and community knowledge of and input regarding the delivery of public education. The legislature further finds that increased knowledge of and input regarding the public education system is particularly needed in low-income and ethnic minority communities.
The legislature finds that the center for the improvement of student learning, created by the legislature in 1993 under the auspices of the superintendent of public instruction, has not been allocated funding since the 2001-2003 biennium, and in effect no longer exists. It is the intent of the legislature to reactivate the center for the improvement of student learning, and to create an educational ombudsman to serve as a resource for parents and students and as an advocate for students in the public education system.
Sec. 2. RCW 28A.300.130 and 1999 c 388 s 401 are each amended to read as follows:
(1) ((Expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible.)) To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to RCW 28A.630.885)). The center shall work in conjunction with ((the academic achievement and accountability commission)) parents, educational service districts, institutions of higher education, and education, parent, community, and business organizations.
(2) The center, in conjunction with other staff in the office of the superintendent of public instruction, shall:
(a) ((Serve as a clearinghouse for the completed work and activities of the academic achievement and accountability commission;
(b))) Serve as a clearinghouse for information regarding successful educational improvement and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational improvement initiatives in Washington schools and districts;
(c)(b) Provide best practices research ((and advice ))that can be used to help schools develop and implement: Programs and practices to improve instruction ((of the essential academic learning requirements under section 701 of this act)); systems to analyze student assessment data, with an emphasis on systems that will combine the use of state and local data to monitor the academic progress of each and every student in the school district; comprehensive, school-wide improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs and practices to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; research, information, and technology systems; and other programs and practices that will assist educators in helping students learn the essential academic learning requirements;
(((d) Develop ((and distribute, in conjunction with the academic achievement and accountability commission,)) parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements required by the superintendent of public instruction. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;
(e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;
(f))) (c) Develop and maintain an internet web site to increase the availability of information, research, and other materials;
(((g) Take other actions to increase public awareness of the importance of parental and community involvement in education;
(h))) (d) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available and the broadened school board powers under RCW 28A.320.015;
(i) (e) Provide training and consultation services, including conducting regional summer institutes;
(j) Address methods for improving the success rates of certain ethnic and racial student groups))(f) Identify strategies for improving the success rates of ethnic and racial student groups with disproportionate academic achievement; and
(k) (g) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.
(3) The superintendent of public instruction((, after consultation with the academic achievement and accountability commission,))shall select and employ a director for the center.
(4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; educational service districts; educational organizations; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.
(5) The office of the superintendent of public instruction shall report to the legislature by September 1, 2007, and thereafter biennially, regarding the effectiveness of the center for improvement of student learning, how the services provided by the center for improvement of student learning have been used and by whom, and recommendations to improve the accessibility and application of knowledge and information that leads to improved student learning and greater family and community involvement in the public education system.
NEW SECTION. Sec. 3. (1) The state board of education shall establish an education ombudsman for all common school students in this state. The purpose of the education ombudsman is to provide information to parents, students, and others regarding their rights and responsibilities with respect to the state's public elementary and secondary education system, to monitor and ensure compliance with administrative acts, statutes, and policies relating to public elementary and secondary education, and to advocate on behalf of elementary and secondary students.
(2) (a) The state board of education, in consultation with the advisory committee established in section 10 of this act, shall conduct a request for proposals process and select the entity that will operate the education ombudsman's program. Entities eligible to apply for selection include, but are not limited:
(i) Education service districts;
(ii) Private, non-profit educational organizations;
(iii) Private, non-profit community-based organizations; and
(iv) Federally recognized Indian tribes.
(b) Entities not eligible to serve as the education ombudsman are school districts, schools, or the superintendent of public instruction, or any employee of a school district, school, or the superintendent of public instruction.
(3) The state board of education shall enter into a contract with the entity selected pursuant to this section to establish and operate the education ombudsman's program. The term of any contract between the state board of education and the entity selected shall not be greater than two years and may be renewed for terms of no longer than two years. Upon receiving notification of selection, the entity selected shall promptly retain a qualified director for the education ombudsman's program.
(4) The education ombudsman shall contract with educational service districts, non-profit education or community organizations, or federally recognized tribes to provide education ombudsman services throughout the state. The education ombudsman shall delegate and certify regional education ombudsmen. The education ombudsman shall ensure that the regional ombudsmen selected are appropriate to the community in which they serve. The education ombudsman may not contract with a the superintendent of public instruction, or any school, school district, or current employee of a school, school district, or the office of the superintendent of public instruction for the provision of regional ombudsman services.
NEW SECTION. Sec. 4. The education ombudsman shall have the following powers and duties:
(1) To develop parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements required by the superintendent of public instruction. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;
(2) To provide information to students, parents, and interested members of the public regarding this state's public elementary and secondary education system;
(3) To identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;
(4) To identify and recommend strategies for improving the success rates of ethnic and racial student groups with disproportionate academic achievement;
(5) To investigate, upon the education ombudsman's initiative or upon receipt of a complaint, an administrative act alleged to be contrary to law, rule, or policy; however, the education ombudsman may decline to investigate any complaint;
(6) To refer complainants and others to appropriate resources, agencies, or departments;
(7) To assist in the resolution of complaints made by parents and students with regard to the state's public elementary and secondary education system; and
(8) To perform such other functions consistent with the purpose of the education ombudsman.
NEW SECTION. Sec. 5. (1) The education ombudsman and any regional education ombudsmen shall have training or experience or both in the following areas:
(a) Public education law and policy in this state;
(b) Dispute resolution or problem resolution techniques,
including investigation, mediation, and negotiation; and
(c) Community outreach.
(2) The education ombudsman may not be an employee of any school district, the office of the superintendent of public education or the state board of education while serving as an education ombudsman.
NEW SECTION. Sec. 6. (1) Neither the education ombudsman nor any regional educational ombudsmen are liable for good faith performance of responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action may be taken against any student or employee of any school district, the office of the superintendent of public education, or the state board of education, for any communication made, or information given or disclosed, to aid the education ombudsman in carrying out his or her duties and responsibilities, unless the same was done without good faith or maliciously. This subsection is not intended to infringe upon the rights of a school district to supervise, discipline, or terminate an employee for other reasons or to discipline a student for other reasons.
(3) All communications by the education ombudsman or the ombudsman's staff or designee, if reasonably related to the education ombudsman's duties and responsibilities and done in good faith, are privileged and that privilege shall serve as a defense to any action in libel or slander.
NEW SECTION. Sec. 7. The education ombudsman shall treat all matters under investigation, including the identities of students, complainants, and individuals from whom information is acquired, as confidential, except as necessary to enable the education ombudsman to perform the duties of the office and to support any recommendations resulting from the investigation. Upon receipt of information that by law is confidential or privileged, the ombudsman shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law. Investigative records of the education ombudsman are confidential and are exempt from public disclosure under chapter 42.56 RCW.
NEW SECTION. Sec. 8. When the education ombudsman or a designee of the ombudsman has reasonable cause to believe that any public official, employee, or other person has acted in a manner warranting criminal or disciplinary proceedings, he or she shall report the matter, or cause a report to be made, to the appropriate authorities. For purposes of this section, reasonable cause means the ombudsman or the ombudsman's staff member or designee has direct knowledge of the action warranting criminal or disciplinary proceedings or has determined through an investigation that the allegations or information provided by another person relating to such actions are credible. A school district's use of information gained from the education ombudsman regarding district staff misconduct shall be subject to the district's policies regarding confidentiality and discipline.
NEW SECTION. Sec. 9. (1) The education ombudsman account is hereby established in the custody of the state treasurer. The director of the state board of education shall deposit in the account all moneys received from gifts, grants, or endowments for the education ombudsman. Moneys in the account may be spent only for activities of the education ombudsman. Disbursements from the account shall be on authorization of the director of the state board of education or the director's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.
(2) The director of the state board of education may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the education ombudsman and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
NEW SECTION. Sec. 10. (1) The governor shall establish an education advisory committee consisting of at least eleven and no more than fifteen members. The superintendent of public education, or his or her designee, shall serve as a nonvoting ex officio member of the committee and shall act as secretary.
(2) At least five members of the committee shall be parents or guardians of children enrolled in the public elementary or secondary education system in this state. At least one of these members shall be a parent or guardian of a "special education student" as that term is defined by the superintendent of public instruction. In addition, at least one of these members shall be a member of the Washington Congress of Parents and Teachers.
(3) At least one member shall be a certificated employee or administrator in a public elementary or secondary school in this state.
(4) At least one member shall be a commissioner or director, or a designee selected by a commissioner or director, from each of the following:
(a) The Washington state commission on Hispanic affairs;
(b) The Washington state commission on African-American
affairs;
(c) The Washington state commission on Asian Pacific
American affairs; and
(d) The governor's office of Indian affairs.
(5) The members of the education advisory committee shall be representative of the geographic regions of the state, as well as representative of the ethnic diversity of the state.
(6) Members of the committee shall serve at the pleasure of the governor for three-year terms. Of the initial members appointed, two members shall serve one-year terms, three members shall serve two-year terms, and the remaining members shall serve three-year terms.
(7) The committee may establish subcommittees as it desires, and may invite nonmembers to serve on these subcommittees.
(8) Nonlegislative members of the committee shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
(9) As used in this section, "parent or guardian" means (a) natural, adoptive, or foster parents, (b) guardians, (c) individuals acting in the place of a parent, with whom the child lives, and who are legally responsible for the child's welfare, and (d) surrogates acting at the request of a person named in subsections (a) through (c) of this subsection (9).
NEW SECTION. Sec. 11. The education advisory committee shall advise and make recommendations to the legislature, the governor, and the state board of education biennially. The education advisory committee shall provide a preliminary report to the legislature, the governor, and the state board of education by September 1, 2007. Thereafter, the education advisory committee shall provide biennial reports to the legislature and the state board of education regarding:
(a) How the education ombudsman's services have been used and by whom;
(b) Methods for the education ombudsman to increase and enhance family and community involvement in public education;
(c) Recommendations to eliminate barriers and obstacles to meaningful family and community involvement in public education; and
(d) Strategies to improve the educational opportunities for all students in the state.
Sec. 12. RCW 42.56.240 and 2005 c 274 s 404 are each amended to read as follows:
The following investigative, law enforcement, and crime victim information is exempt from public inspection and copying under this chapter:
(1) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy;
(2) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim, or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath;
(3) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b);
(4) License applications under RCW 9.41.070; copies of license applications or information on the applications may be released to law enforcement or corrections agencies; ((and))
(5) Information revealing the identity of child victims of sexual assault who are under age eighteen. Identifying information means the child victim's name, address, location, photograph, and in cases in which the child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator; and
(6) Investigative records of the education ombudsman, as provided in section 7 of this act.
NEW SECTION. Sec. 13. Sections 3 through 11, inclusive, of this act are each added to chapter 28A.310 RCW.
NEW SECTION. Sec. 14. Section 12 of this act takes effect July 1, 2006."
Representative Talcott moved the adoption of amendment (926) to amendment (920):
On page 2, line 22, after "districts" insert ". The center's role as a clearinghouse shall include establishing and maintaining a website where parents, guardians, students, educators, and the public may access information to help them navigate the public school system in Washington. The center's website shall also include links to the digital learning commons or other providers of online courses and materials to assist students with remediation"
On page 2, beginning on line 39, strike all material through "education;" on line 8 and insert "(((d))) (c) Develop ((and distribute, in conjunction with the academic achievement and accountability commission,)) parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements required by the superintendent of public instruction. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reading parents who have not previously been involved with their children's eduction;"
Re-letter remaining subsection consecutively and correct any internal references accordingly.
On page 4, on line 6, after "(5)" strike all material through "system" on line 14 and insert the following:
"The director of the center for student learning shall report to the Legislature by December 1, 2006 regarding:
(a) the steps taken to reactive the center for student learning; and
(b) the director's plan for the center for student learning to meet its statutory duties.
(6) The director of the center for student learning shall serve on the Washington Learns advisory committee and shall participate in the current study of Washington's education system being conducted by Washington Learns."
Beginning on page 4, line 15, strike all of sections 3, 4, 5, 6, 7, and 8
Renumber remaining section consecutively and correct any internal references accordingly.
On page 8, line 15, after "committee" strike all material through "secretary"
On page 9, line 14, after "board of education" strike all material through "state" on line 28
On page 10, after line 33, insert the following:
"NEW SECTION. Sec. 15. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2006, in the omnibus appropriations act, this act is null and void."
Correct the title.
Representative Talcott spoke in favor of the adoption of the amendment to amendment (920).
Representative Quall spoke against the adoption of the amendment to amendment (920).
The amendment to amendment (920) was not adopted.
Representative Nixon moved the adoption of amendment (922) to amendment (920):
On page 7, beginning on line 5, strike all of section 7
Renumber remaining sections consecutively and correct any internal references accordingly
On page 9, beginning on line 29, strike all of section 12
Renumber remaining sections consecutively and correct any internal references accordingly
On page 10, beginning on line 32, strike all of section 14
Correct any internal references accordingly
Correct the title.
Representative Nixon spoke in favor of the adoption of the amendment to amendment (920).
Representative Santos spoke against the adoption of the amendment to amendment (920).
The amendment to amendment (920) was not adopted.
Representative Talcott moved the adoption of amendment (927) to amendment (920):
On page 8, line 15, after "committee" strike all material through "secretary"
Representatives Talcott and Fromhold spoke in favor of the adoption of the amendment to amendment (920).
The amendment to amendment (920) was adopted.
Representative Alexander moved the adoption of amendment (925) to amendment (920):
On page 10, after line 33, insert the following:
"NEW SECTION. Sec. 15. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2006, in the omnibus appropriations act, this act is null and void."
Representative Alexander spoke in favor of the adoption of the amendment to amendment (920).
Representative Santos spoke against the adoption of the amendment to amendment (920).
Division was demanded. The Speaker (Representative Lovick presiding) divided the House. The result was 43 - YEA; 55 - NAY.
The amendment to the amendment was not adopted.
Amendment (920) as amended was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Santos and P. Sullivan spoke in favor of passage of the bill.
Representative Talcott spoke against the passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 3127.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3127 and the bill passed the House by the following vote: Yeas - 57, Nays - 41, Excused - 0.
Voting yea: Representatives Appleton, Blake, Campbell, Chase, Clements, Clibborn, Cody, Conway, Darneille, Dunshee, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Walsh, Williams, Wood and Mr. Speaker - 57.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Chandler, Condotta, Cox, Crouse, Curtis, DeBolt, Dickerson, Dunn, Eickmeyer, Ericksen, Haler, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom and Woods - 41.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 3127, having received the necessary constitutional majority, was declared passed.
There being no objection, bills on the Rules Pull List were placed on second reading:
SUBSTITUTE HOUSE BILL NO. 1834,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2056,
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the House adjourned until 10:00 a.m., February 14, 2006, the 37th Day of the Regular Session.
FRANK CHOPP, Speaker
RICHARD NAFZIGER, Chief Clerk