SIXTIETH LEGISLATURE - FIRST SPECIAL SESSION
FIRST DAY
House Chamber, Olympia, Thursday, November 29, 2007
The House was called to order at 8:00 a.m. by the Speaker (Representative Lovick presiding).
October 10, 2007
Speaker Frank Chopp
House of Representatives
Pursuant to RCW 42.12.020, please accept my resignation from the Washington State House of Representatives effective November 1, 2007.
It has been an honor and privilege to serve the people of the 9th Legislative District. I look forward to working with you and my legislative colleagues in my new role with the Eastern Washington University.
David W. Buri, State Representative
9th Legislative District
October 15, 2007
Speaker Frank Chopp
House of Representatives
Pursuant to RCW 42.12.020, I am writing to inform you I am resigning from the Washington State House of Representatives. This resignation from Position 2 representing 34th Legislative District is effective immediately.
I am pleased to fill the vacant State Senate seat from the 34th District because it will enable me to continue work on the Washington Leans and so many other issues. I was appointed by the metropolitan King County Council and sworn in by Judge Michael Heavey this afternoon, actions which necessitate this resignation from the House but continue my Legislative service.
My seven years in the House of Representatives have been immensely rewarding, both professionally and personally. I look forward to the work ahead a I join the State Senate.
Joe McDermott, State Representative
34th Legislative District
October 31, 2007
Speaker Frank Chopp
House of Representatives
Pursuant to RCW 42.12.020, please accept my resignation from the Washington State House of Representatives effective immediately
It has been a privilege to serve the citizens of the 18th Legislative District.
Richard Curtis, State Representative
18th Legislative District
November 8, 2007
Representative Jim Dunn
House of Representatives
I am writing to inform you that at the request of House Republican Leader Richard DeBolt, you are removed from your positions on the House Appropriations Committee, the Appropriations Subcommittee on Education, and the Housing Committee, effective immediately.
This action is taken pursuant to House Rule 23 which provides that standing committee members are selected by each party's caucus.
FRANK CHOPP, Speaker
PROCLAMATION FROM THE GOVERNOR
WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the Legislature adjourned its 2007 regular session April 22, 2007, the 105th day of the session; and
WHEREAS, Initiative 747, relating to limitations on property taxes was ruled unconstitutional by the Washington State Supreme Court on November 8, 2007; and
WHEREAS, local taxing districts, cities, counties and the state are in the process of adopting budgets and establishing property tax levies for the residents of our state; and
WHEREAS, property taxpayers deserve consistency in the administration and collection of taxes by all levels of government in the State of Washington;
NOW, THEREFORE, I, Christine O. Gregoire, Governor of the State of Washington, by virtue of the authority vested in me by Article II, Section 12 (Amendment 68) and Article III, Section 7 of the Washington State Constitution, do hereby convene the Washington State Legislature in Special Session in the Capitol at Olympia on Thursday, November 29, 2007, at 8:00 a.m., for a period of not more than one day for the sole purpose of enacting legislation regarding limitations on and the administration of property taxes in the State of Washington.
CHRISTINE O. GREGOIRE, Governor
November 20, 2007
There being no objection, the House advanced to the fourth order of business.
INTRODUCTION & FIRST READING
HB 2416 by Representatives Hurst, Orcutt, Barlow, Roach, Seaquist, Condotta, Kelley, McCune, Goodman, Strow, Van De Wege, Bailey, Wallace, Ahern, Green, Schmick, Lantz, Ross, Springer, Rodne, Morrell, Anderson, Rolfes, Hailey, P. Sullivan, Haler, McCoy, Hankins, Eddy, Priest, Takko, Kristiansen, Blake, Pearson, Ericks, Ericksen, Kessler, DeBolt, Appleton, Skinner, Clibborn, Hinkle, Fromhold, Warnick, O'Brien, Alexander, Campbell, Armstrong, Lovick, Newhouse, Morris, Chandler, B. Sullivan, Schindler, Eickmeyer, Crouse, Jarrett, Dunn, Kretz, Sump, McDonald and Walsh; by request of Governor Gregoire
Reinstating the one percent property tax limit factor adopted by the voters under Initiative Measure No. 747.
Referred to Committee on Finance.
HB 2417 by Representatives Seaquist, Kessler, Barlow, Kelley, Green, Lantz, Appleton, P. Sullivan, Wallace, Eddy, Goodman, Springer, Morrell, Ericks, Clibborn, McCoy, Morris, Lovick, Fromhold, Eickmeyer, Chase and B. Sullivan; by request of Governor Gregoire
Providing a fifty percent property tax deferral for households with income of fifty-seven thousand dollars or less.
Referred to Committee on Finance.
HB 2418 by Representative Orcutt
Requiring voter approval to use banked property tax levy capacity.
HB 2419 by Representatives Roach and Haler
Providing a state property tax rebate.
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 with the exception of HOUSE BILL NO. 2418 and HOUSE BILL NO. 2419 which were held on First Reading.
There being no objection, the House reverted to the first order of business. The Clerk called the roll and a quorum was present.
The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Dave Mangino and Ray Shoop. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Representative Brian Sullivan.
KING COUNTY COUNCIL
November 8, 2007
Mr. Speaker:
On November 5, 2007, the Metropolitan King County Council appointed Sharon Nelson to the vacancy in the 34th District of the House of Representatives created by the resignation of Joe McDermott.
Anne Norris, Clerk of the Council
Signature Report
November 5, 2007
Motion 12623
Proposed No. 2007-0586.2 Sponsors Constantine
A MOTION making an appointment to fill the vacancy in the 34th legislative district of the Washington state house of representatives.
WHEREAS, a vacancy was created for the position of state representative for the 34th legislative district, due to the resignation of Joe McDermott, and
WHEREAS, the 34th legislative district Democrats have submitted the names of nominees for the vacancy;
NOW, THEREFORE, BE IT MOVED by the Council of King County:
Sharon Nelson is hereby appointed to the position of state representative from the 34th legislative district.
Motion 12623 was introduced on 10/22/2007 and passed by the Metropolitan King County Council on 11/5/2007, by the following vote: YES: 9 - Mr. Gossett, Ms. Patterson, Ms. Lambert, Mr. von Reichbauer, Mr. Dunn, Mr. Ferguson, Mr. Phillips, Ms. Hague and Mr. Constantine. NO: 0. EXCUSED: 0
Larry Gossett, Chair
King County Council
COUNTY COMMISSIONERS
9TH LEGISLATIVE DISTRICT
(Adams, Asotin, Franklin, Garfield, Spokane &
Whitman Counties)
PURSUANT TO
ARTICLE 11, SECTION 15 OF THE
WASHINGTON STATE CONSTITUTION
MONDAY, NOVEMBER 26, 2007, COLFAX WA
CERTIFICATION OF APPOINTMENT
FOR THE 9TH LEGISLATIVE DISTRICT
HOUSE OF REPRESENTATIVES
Due to the midterm resignation of the Honorable David Buri for the 9th Legislative District of the State of Washington, and pursuant to Article 11, Section 15, Amendment 32 of the Constitute of the State of Washington, the Boards of County Commissioners for the Counties of Adams, Asotin, Franklin, Garfield, Spokane and Whitman, met in joint session on the 26th day of November 2007, in Whitman, County, for the purpose of appointing a district resident nominee to fill the House of Representatives position vacated by Mr. David Buri.
In attendance were:
Rudy Plager, Adams County District 1
Roger L. Hartwig, Adams County District 2
Jeffrey W. Stevens, Adams County District 3
Doug Mattoon, Asotin County District 1
Don F. Brown, Asotin County District 2
Robert E. Lane, Asotin County District 3
Neva J. Corkrum, Franklin County District 1
Bob Koch, Franklin County District 2
Rick Miller, Franklin County District 3
Virgil Klaveano, Jr., Garfield County District 1
Steven R. Ledgerwood, Garfield County District 2
Dean Burton, Garfield County District 3
Todd Mielke, Spokane County District 1
Mark J. Richard, Spokane County District 2
Bonnie Mager, Spokane County District 3
Greg Partch, Whitman County District 1
G. R. Finch, Whitman County District 2
Michael Largent, Whitman County District 3
Greg Partch, Commissioner for Whitman County was elected Chairperson for the joint session and by the rules adopted is authorized on behalf of all the county commissioners to certify the results of the meeting.
I, Greg Partch, the elected Chairperson for the joint session of the Boards of County Commissioners of the 9th Legislative District of the State of Washington, hereby certify that by majority vote JOE SCHMICK is appointed to the Washington State House of Representatives for the 9th Legislative District as of this 26th day of November 2007.
The Speaker (Representative Lovick presiding) recognized the new members and asked the Chamber to acknowledge them.
There being no objection, the House advanced to the fifth order of business.
REPORTS OF STANDING COMMITTEES
November 29, 2007
HB 2416 Prime Sponsor, Representative Hurst: Reinstating the one percent property tax limit factor adopted by the voters under Initiative Measure No. 747. Reported by Committee on Finance
MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Orcutt, Ranking Minority Member; Condotta, Asst Ranking Minority Member; Conway, Ericks, McIntire and Roach.
MINORITY recommendation: Do not pass. Signed by Representative Santos.
There being no objection, HOUSE BILL NO. 2416 was placed on the Second Reading Calendar.
SECOND READING
HOUSE BILL NO. 2416, by Representatives Hurst, Orcutt, Barlow, Roach, Seaquist, Condotta, Kelley, McCune, Goodman, Strow, Van De Wege, Bailey, Wallace, Ahern, Green, Schmick, Lantz, Ross, Springer, Rodne, Morrell, Anderson, Rolfes, Hailey, P. Sullivan, Haler, McCoy, Hankins, Eddy, Priest, Takko, Kristiansen, Blake, Pearson, Ericks, Ericksen, Kessler, DeBolt, Appleton, Skinner, Clibborn, Hinkle, Fromhold, Warnick, O'Brien, Alexander, Campbell, Armstrong, Lovick, Newhouse, Morris, Chandler, B. Sullivan, Schindler, Eickmeyer, Crouse, Jarrett, Dunn, Kretz, Sump, McDonald, Walsh and Linville
Reinstating the one percent property tax limit factor adopted by the voters under Initiative Measure No. 747.
The bill was read the second time.
Representative Orcutt moved adoption amendment (945):
On page 2, line 7, after "each" insert "reenacted and"
On page 2, after line 17, insert the following:
"Sec. 3. RCW 84.55.092 and 1998 c 16 s 3 are each reenacted and amended to read as follows:
(1) The regular property tax levy for each taxing district other than the state may be set at the amount which would be allowed otherwise under this chapter if the regular property tax levy for the district for taxes due in prior years beginning with 1986 had been set at the full amount allowed under this chapter including any levy authorized under RCW 52.16.160 that would have been imposed but for the limitation in RCW 52.18.065, applicable upon imposition of the benefit charge under chapter 52.18 RCW. To set a regular property tax levy at an amount authorized under this section, a taxing district shall submit an authorizing proposition to the voters for approval by a majority of the voters of the taxing district voting on the proposition. The proposition shall be voted on at an election held not more than twelve months prior to the date in which the proposed regular property tax is to be levied.
(2) The purpose of this section is to remove the incentive for a taxing district to maintain its tax levy at the maximum level permitted under this chapter, and to protect the future levy capacity of a taxing district that reduces its tax levy below the level that it otherwise could impose under this chapter, by removing the adverse consequences to future levy capacities resulting from such levy reductions."
Renumber the remaining sections consecutively and correct the title.
Representative Springer requested a Scope and Object ruling on amendment (945) to House Bill No. 2416.
Mr. Speaker (Representative Lovick presiding): "House Bill No. 2416 is titled an act relating to "reinstating the one percent property tax limit factor adopted by the voters under Initiative Measure No. 747." The bill is short and simple. Its purpose is as straightforward as its title. It reinstates the Initiative 747 limitation on regular property tax levy growth that was recently invalidated by the Washington Supreme Court.
The amendment is unrelated to the property tax limit factor and raises issues that were simply not addressed by Initiative 747. The Speaker therefore finds the amendment beyond the scope and object of the bill.
Representative Springer, your point of order is well taken."
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hurst, Orcutt, Morrell, Roach, Van De Wege, Condotta, Bailey, Haler, Ahern, O'Brien, McDonald, Ross, Fromhold, Newhouse, Armstrong, Anderson, Hinkle, Flannigan, Ericksen, Williams, Dunn, Hunter and DeBolt spoke in favor of passage of the bill.
Representative Simpson spoke against passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2416.
MOTIONS
On motion of Representative Santos, Representatives Cody and Hasegawa were excused. On motion of Representative Warnick, Representative Schindler was excused.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2416 and the bill passed the House by the following vote: Yeas - 86, Nays - 8, Absent - 0, Excused -3.
Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chandler, Chase, Clibborn, Condotta, Conway, Crouse, Darneille, DeBolt, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hinkle, Hudgins, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Schmick, Schual-Berke, Seaquist, Sells, Skinner, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker.
Voting nay: Representatives Dickerson, Hunt, Nelson, Pedersen, Pettigrew, Santos, Simpson and Sommers.
Excused: Representatives Cody, Hasegawa and Schindler.
HOUSE BILL NO. 2416, having received the constitutional majority, was declared passed.
The Speaker resumed the chair.
RESOLUTION
HOUSE RESOLUTION NO. 2007-4668, by Representatives Kessler, DeBolt, Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chandler, Chase, Chopp, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kirby, Kretz, Kristiansen, Lantz, Linville, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schmick, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams and Wood
WHEREAS, Washington State Representative John Lovick has defended the honor and upheld the decorum of the House of Representatives since his colleagues elected him in 2003 to serve as House Speaker Pro Tempore; and
WHEREAS, Speaker Pro Tempore Lovick, who was first elected in 1998 to the House of Representatives and then reelected four times, was recently elected to the office of Snohomish County Sheriff; and
WHEREAS, Without a doubt, Sheriff-elect Lovick's pending departure from the Legislature is at once a loss for the propriety and uprightness of the House of Representatives and a gain for the public safety and peace of mind of Snohomish County citizens; and
WHEREAS, John Lovick and his wife, Karen, have made their home in the community of Mill Creek for fifteen years, and they have five children and three grandchildren; and
WHEREAS, A veteran of the United States Coast Guard and the Coast Guard Reserve, John Lovick was graduated from the Washington State Patrol Academy in 1975 and recently retired as Sergeant John Lovick after serving with the State Patrol for thirty-one years; and
WHEREAS, Named Washington State Patrol Trooper of the Year in 1992, John Lovick also received a Lifesavers Award from the National Highway Traffic Safety Administration in 2003 and an award for outstanding contributions to public safety from the Snohomish County DUI Task Force in 1998; and
WHEREAS, Speaker Pro Tempore Lovick received the Martin Luther King, Jr. Community Service Award in 1998, the Washington Association of County Officials Legislator of the Year Award in 2005, a National Commission Against Drunk Driving Certificate of Commendation in 2003, and the Washington Traffic Safety Commission Special Director's Award in 2002; and
WHEREAS, A former Mill Creek Mayor Pro Tempore and councilmember, John Lovick is a member of the Mill Creek Lions and the Big Brothers/Big Sisters of Snohomish County and he has also contributed his heart and mind to community service as a mentor at Gateway Elementary School and as a youth baseball, boxing, and basketball coach and official; and
WHEREAS, Washington State Representative John Lovick has dedicated his decade of legislative expertise to issues as diverse and pivotal as public safety, education, and transportation; and
WHEREAS, Shortly after one of his elections to the office of House Speaker Pro Tempore, John Lovick stated that "My mother and grandmother taught me lessons more valuable than anything I learned in a classroom. They taught me to work hard and be held to the highest standards. Each of you should expect no less of me today. And we should expect no less of each other"; and
WHEREAS, In his service as presiding officer of the House of Representatives, Speaker Pro Tempore Lovick is universally respected by his colleagues for the way he has handled arduous hours and sometimes rancorous floor debate; and
WHEREAS, Always a gentleman on as well as off the rostrum, John Lovick has invariably wielded a tough but firm gavel through clear, nonpartisan decisions;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington salutes, celebrates, and proclaims "Thank you so very much!" to John Lovick for his tireless dedication to the propriety of a House that he can forever count on as his home away from home; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the family of Speaker Pro Tempore John Lovick.
Representative Kessler moved the adoption of the resolution.
Representatives Kessler and DeBolt spoke in favor of the adoption of the resolution.
HOUSE RESOLUTION NO. 4668 was adopted.
Mr. Speaker: "The 'second string' Speaker would like to take a point of personal privilege. John and I are basically on the verge of tears up here so I will try hold this together.
I tremendously appreciate all the work, time and effort you have put in up here on behalf of the entire House. I know how difficult this job is – it is exhausting to stand up here. One time, a couple of years ago, I was up here spelling for John for three hours – you guys were droning on and on – and physically I was exhausted. I reminded me how much John has contributed to this whole effort because not only is his mind and soul with it but also his entire body is involved.
I also want to say that in the tone John has set as a statesman has been absolutely tremendous. I am so glad that gentlelady from the 24th District and the gentleman from the 20th District talked about that. It is incredibly important for us to work together and do the people's business. You have always done it with a sense of confidence, with respect and with a smile. I totally appreciate that.
Will all of you join me in recognizing Sheriff John Lovick."
The Speaker called upon Representative Lovick to preside.
COWLITZ COUNTY & CLARK COUNTY
BOARDS OF COMMISSIONERS
November 29, 2007
Mr. Speaker:
The Boards of County Commissioners of Cowlitz and Clark Counties did meet to select a successor to the House of Representatives seat vacated by the resignation of Richard Curtis (R), in the 18th Legislative District. The Boards appointed Jaime Herrera to fill the 18th Legislative District House of Representatives vacancy.
Vickie M. Musgrove, Clerk of the Board
JOINT RESOLUTION 07-001
OF COWLITZ AND CLARK COUNTIES
FILLING VACANT REPRESENTATIVE
POSITION IN 18TH LEGISLATIVE DISTRICT
WHEREAS, Representative Richard Curtis has submitted his resignation for his position as representative for the 18th Legislative District Position 1 and that position is now vacant; and
WHEREAS, the Washington State Republican Party has submitted a list of three names for consideration by the Joint Boards of Commissioners for Cowlitz County and Clark County; and
WHEREAS, the Joint Boards of County Commissioners for Cowlitz County and Clark County have convened in joint session and duly considered the three names submitted by the Washington State Republican Party, now, therefore;
IT IS HEREBY RESOLVED by Joint Boards of County Commissioners for the counties of the 18th Legislative District meeting in special session, that JAIME L. HERRERA be and is hereby appointed to fill the vacant position of Representative for the 18th Legislative District Position 1.
IT IS FURTHER RESOLVED that the clerk of the joint board forward this resolution to the Governor and the Secretary of State.
APPROVED this 29th day of November, 2007.
Board of County Commissioners of Cowlitz County
Kathleen A. Johnson
George Raiter
Axel Swanson
Board of County Commissioners of Clark Country
Steve Stuart
Betty Sue Morris
Marc Boldt
The Speaker (Representative Lovick presiding) recognized the new member and asked the Chamber to acknowledge her.
MESSAGE FROM THE SENATE
November 29, 2007
Mr. Speaker:
The Senate has passed SUBSTITUTE SENATE BILL NO. 6178, and the same is herewith transmitted.
Brad J. Henderickson, Deputy Secretary
There being no objection, the House reverted to the fourth order of business.
INTRODUCTION & FIRST READING
SSB 6178 by Senate Committee on Ways & Means (originally sponsored by Senators Kauffman, Haugen, Rasmussen, Franklin, Brown, Eide, Rockefeller, Kline, Kilmer, Prentice, Hargrove, Shin, Berkey, Oemig and McAuliffe; by request of Governor Gregoire)
Providing a fifty percent property tax deferral for households with income of fifty seven thousand dollars or less.
There being no objection, SUBSTITUTE SENATE BILL NO. 6178 was read the first time, the rules were suspended and the bill was placed on the Second Reading calendar.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
SUBSTITUTE SENATE BILL NO. 6178, by Senate Committee on Ways & Means (originally sponsored by Senators Kauffman, Haugen, Rasmussen, Franklin, Brown, Eide, Rockefeller, Kline, Kilmer, Prentice, Hargrove, Shin, Berkey, Oemig and McAuliffe; by request of Governor Gregoire)
Providing a fifty percent property tax deferral for households with income of fifty seven thousand dollars or less.
The bill was read the second time.
Representative Roach moved adoption of amendment (948):
On page 3, after line 21, insert the following:
"(4) The declaration shall state or include the following consumer protection information in a manner that is conspicuous to the claimant completing the declaration:
(a) The deferral of real property taxes and special assessments accrues interest at a variable rate that results in a balloon payment when the home is sold or repayment is otherwise required;
(b) Deferring real property taxes and special assessments allows the state to place a lien on the home;
(c) The estimated cost of deferring real property taxes and special assessments using hypothetical examples based on different property values and interest rates;
(d) The approximate loss in residential equity for each year real property taxes and special assessments are deferred; and
(e) Language advising the claimant that private financial institutions may offer a more favorable interest rate than the current state interest rate for the deferral program under this chapter."
Representatives Roach, Ericksen and (Roach) again spoke in favor of the adoption of the amendment.
Representative Hunter spoke against the adoption of the amendment.
An electronic roll call was requested.
The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (948) to Substitute Senate Bill No. 6178.
ROLL CALL
The Clerk called the roll on the adoption of amendment (948) to Substitute Senate Bill No. 6178 and the amendment was not adopted by the following vote: Yeas - 36, Nays - 59, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Hailey, Haler, Hankins, Herrera, Hinkle, Jarrett, Kretz, Kristiansen, McCoy, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Schmick, Skinner, Strow, Sump, Walsh and Warnick - 36.
Voting nay: Representatives Appleton, Barlow, Blake, Chase, Clibborn, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Hurst, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, B. Sullivan, P. Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 59.
Excused: Representatives Cody, Hasegawa and Schindler - 3.
Representative Orcutt moved adoption of amendment (946):
Beginning on page 3, after line 28, strike all of sections 6 through 8 and insert the following:
"NEW SECTION. Sec. 6. Special assessments and real property taxes deferred under this chapter are not required to be paid back."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Representative Orcutt spoke in favor of the adoption of the amendment.
Representative Hunter spoke against the adoption of the amendment.
An electronic roll call was requested.
The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (946) to Substitute Senate Bill No. 6178.
ROLL CALL
The Clerk called the roll on the adoption of amendment (946) to Substitute Senate Bill No. 6178 and the amendment was not adopted by the following vote: Yeas - 35, Nays - 60, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Hailey, Haler, Hankins, Herrera, Hinkle, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Schmick, Skinner, Strow, Sump, Walsh and Warnick - 35.
Voting nay: Representatives Appleton, Barlow, Blake, Chase, Clibborn, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Hurst, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, B. Sullivan, P. Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 60.
Excused: Representatives Cody, Hasegawa and Schindler - 3.
Representative Priest moved adoption of amendment (949):
On page 5, after line 13, insert the following:
"Sec. 12. RCW 84.38.030 and 2006 c 62 s 3 are each amended to read as follows:
A claimant may defer payment of special assessments and/or real property taxes on up to eighty percent of the amount of the claimant's equity value in the claimant's residence if the following conditions are met:
(1) The claimant must meet all requirements for an exemption for the residence under RCW 84.36.381, other than the age and income limits under RCW 84.36.381.
(2) The claimant must be sixty years of age or older on December 31st of the year in which the deferral claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of physical disability: PROVIDED, That any surviving spouse of a person who was receiving a deferral at the time of the person's death shall qualify if the surviving spouse is fifty-seven years of age or older and otherwise meets the requirements of this section.
(3) The claimant must have a combined disposable income, as defined in RCW 84.36.383, of ((forty)) fifty-seven thousand dollars or less.
(4) The claimant must have owned, at the time of filing, the residence on which the special assessment and/or real property taxes have been imposed. For purposes of this subsection, a residence owned by a marital community or owned by cotenants shall be deemed to be owned by each spouse or cotenant. A claimant who has only a share ownership in cooperative housing, a life estate, a lease for life, or a revocable trust does not satisfy the ownership requirement.
(5) The claimant must have and keep in force fire and casualty insurance in sufficient amount to protect the interest of the state in the claimant's equity value: PROVIDED, That if the claimant fails to keep fire and casualty insurance in force to the extent of the state's interest in the claimant's equity value, the amount deferred shall not exceed one hundred percent of the claimant's equity value in the land or lot only.
(6) In the case of special assessment deferral, the claimant must have opted for payment of such special assessments on the installment method if such method was available."
Correct the title and renumber the remaining sections consecutively.
Representative Springer requested a Scope and Object ruling on amendment (949) to Substitute Senate Bill No. 6178.
Mr. Speaker (Representative Lovick presiding): "Substitute Senate Bill No. 6178 is titled an act relating to "providing a fifty percent property tax deferral for households with income of fifty seven thousand or less." The bill creates a new property tax deferral program for households meeting specified eligibility criteria.
Amendment (949) does not address or in any way affect the new property tax deferral program that is the subject of the underlying bill. Instead, it changes eligibility requirements for a different property tax deferral program already in current law. The Speaker therefore finds that the amendment is beyond the scope and object of the bill.
Representative Springer, your point of order is well taken."
Representative Bailey moved the adoption of amendment (947):
On page 6, beginning on line 17, strike all of section 14
Correct the title.
Representatives Bailey, Anderson, DeBolt, Orcutt and Strow spoke in favor of the adoption of the amendment.
Representative Hunter spoke against the adoption of the amendment.
An electronic roll call was requested.
The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (947) to Substitute Senate Bill No. 6178.
ROLL CALL
The Clerk called the roll on the adoption of amendment (947) to Substitute Senate Bill No. 6178 and the amendment was not adopted by the following vote: Yeas - 37, Nays - 58, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Hailey, Haler, Hankins, Herrera, Hinkle, Jarrett, Kelley, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Roach, Roberts, Rodne, Ross, Schmick, Skinner, Strow, Sump, Walsh and Warnick - 37.
Voting nay: Representatives Appleton, Barlow, Blake, Chase, Clibborn, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Hurst, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, B. Sullivan, P. Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 58.
Excused: Representatives Cody, Hasegawa and Schindler - 3.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Seaquist, Kessler, Strow, Springer, P. Sullivan and Morrell spoke in favor of passage of the bill.
Representatives Roach, Orcutt, Takko, Priest, Ericksen, Bailey, Ahern, Walsh, Armstrong, Hinkle, Anderson, Dunn and Chandler spoke against passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute Senate Bill No. 6178.
MOTION
On motion of Representative Santos, Representative Kenney was excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6178 and the bill passed the House by the following vote: Yeas - 55, Nays - 39, Absent - 0, Excused - 4.
Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Seaquist, Sells, Simpson, Springer, P. Sullivan, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Hailey, Haler, Hankins, Herrera, Hinkle, Kretz, Kristiansen, McCune, McDonald, McIntire, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Santos, Schmick, Schual-Berke, Skinner, Sommers, Strow, B. Sullivan, Sump, Takko, Walsh and Warnick.
Excused: Representatives Cody, Hasegawa, Kenney and Schindler.
SUBSTITUTE SENATE BILL NO. 6178, having received the constitutional majority, was declared passed.
There being no objection, the House reverted to the fourth order of business.
INTRODUCTION & FIRST READING
Representative Orcutt moved that the rules be suspended, and that HOUSE BILL NO. 2418 be advanced to Second Reading.
Representative Orcutt spoke in favor of the motion.
Representative Kessler spoke against the motion.
An electronic roll call was requested.
The Speaker (Representative Lovick presiding) stated the question before the House to be the motion to suspend the rules and advance House Bill No. 2418 to Second Reading.
ROLL CALL
The Clerk called the roll on the motion to suspend the rules and advance House Bill No. 2418 to Second Reading and the motion failed to pass the House by the following vote: Yeas - 35, Nays - 59, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Hailey, Haler, Hankins, Herrera, Hinkle, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Schmick, Skinner, Strow, Sump, Walsh and Warnick - 35.
Voting nay: Representatives Appleton, Barlow, Blake, Chase, Clibborn, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Hurst, Kagi, Kelley, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 59.
Excused: Representatives Cody, Hasegawa, Kenney and Schindler - 4.
MESSAGE FROM THE SENATE
November 29, 2007
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2416, and the same is herewith transmitted.
Thomas Hoemann, Secretary
SIGNED BY THE SPEAKER
The Speaker signed:
There being no objection, the House reverted to the fourth order of business.
INTRODUCTION & FIRST READING
Representative Roach moved that the rules be suspended, and that HOUSE BILL NO. 2419 be advanced to Second Reading.
Representative Roach spoke in favor of the motion.
Representative Kessler spoke against the motion.
An electronic roll call was requested.
The Speaker (Representative Lovick presiding) stated the question before the House to be the motion to suspend the rules and advance House Bill No. 2419 to Second Reading.
ROLL CALL
The Clerk called the roll on the motion to suspend the rules and advance House Bill No. 2419 to Second Reading and the motion failed to pass the House by the following vote: Yeas - 35, Nays - 59, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Hailey, Haler, Hankins, Herrera, Hinkle, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Schmick, Skinner, Strow, Sump, Walsh and Warnick - 35.
Voting nay: Representatives Appleton, Barlow, Blake, Chase, Clibborn, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Hurst, Kagi, Kelley, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 59.
Excused: Representatives Cody, Hasegawa, Kenney and Schindler - 4.
There being no objection, HOUSE BILL NO. 2418 and HOUSE BILL NO. 2419 were referred to the Committee on Finance.
There being no objection, the House advanced to the eleventh order of business.
The Speaker (Representative Lovick presiding) announced the appointment of Representative Ross to the Committee on Appropriation replacing Representative Dunn, and the appointment of Representative DeBolt to the Committee on Health Care and Wellness.
MESSAGE FROM THE SENATE
November 29, 2007
Mr. Speaker:
The Senate has signed SUBSTITUTE SENATE BILL NO. 6178, and the same is herewith transmitted.
Thomas Hoemann, Secretary
SIGNED BY THE SPEAKER
The Speaker signed SUBSTITUTE SENATE BILL NO. 6178.
MESSAGE FROM THE SENATE
November 29, 2007
Mr. Speaker:
The Senate has adopted SENATE CONCURRENT RESOLUTION NO. 8410, and the same is herewith transmitted.
Thomas Hoemann, Secretary
There being no objection, the House reverted to the fourth order of business.
INTRODUCTION & FIRST READING
SCR 8410 by Senators Brown and Parlette
Adjourning SINE DIE.
There being no objection, SENATE CONCURRENT RESOLUTION NO. 8410 was read the first time, the rules were suspended and the bill was placed on the Second Reading calendar.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8410 by Senators Brown and Parlette
Adjourning SINE DIE.
The concurrent resolution was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the resolution was placed on final passage.
SENATE CONCURRENT RESOLUTION NO. 8410 was adopted.
MESSAGES FROM THE SENATE
November 29, 2007
Mr. Speaker:
The President has signed HOUSE BILL NO. 2416, and the same is herewith transmitted.
Thomas Hoemann, Secretary
November 29, 2007
Mr. Speaker:
The President has signed SENATE CONCURRENT RESOLUTION NO. 8410, and the same is herewith transmitted.
Thomas Hoemann, Secretary
SIGNED BY THE SPEAKER
The Speaker signed:
SENATE CONCURRENT RESOLUTION NO. 8410
MOTIONS
On motion of Representative Kessler, the reading of the Journal of the First Day of the First Special Session of the 60th Legislature was dispensed with and it was ordered to stand approved.
On motion of Representative Kessler, the House of Representatives of the First Special Session of the 60th Legislature was adjourned SINE DIE.
FRANK CHOPP, Speaker
BARBARA BAKER, Chief Clerk