NOTICE: Formatting and page numbering in this document are different from that in the original published version.
SIXTY-FIRST LEGISLATURE - REGULAR SESSION
THIRTY SIXTH DAY
House Chamber, Olympia, Monday, February 16, 2009
The House was called to order at 10:00 a.m. by the Speaker (Representative Morris presiding).
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES FROM THE SENATE
February 13, 2009
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5288, and the same is herewith transmitted.
Thomas Hoemann, Secretary
February 16, 2009
Mr. Speaker:
The President has signed the following:
and the same are herewith transmitted.
Thomas Hoemann, Secretary
INTRODUCTION AND FIRST READING
HB 2217 by Representative Simpson
AN ACT Relating to the appointment of an expert review panel for the Alaskan Way viaduct deep bore tunnel project by the transportation commission; and adding a new section to chapter 47.01 RCW.
Referred to Committee on Transportation.
HB 2218 by Representatives Morris, Hope, Conway, Morrell and Nelson
AN ACT Relating to increasing property tax relief for senior citizens and persons retired by reason of physical disability to qualify for property tax relief; amending RCW 84.36.381 and 84.38.030; and creating a new section.
Referred to Committee on Finance.
HB 2219 by Representatives Moeller, Upthegrove, White, Hunt, Liias, Cox, Johnson, Pedersen, Williams, Carlyle, Nelson, Kenney and Maxwell
AN ACT Relating to modifying the definition of "sexual orientation" for malicious harassment prosecution purposes; and amending RCW 9A.36.080.
Referred to Committee on Public Safety & Emergency Preparedness.
HB 2220 by Representatives Simpson and White
AN ACT Relating to time limitation for approval of plats; amending RCW 58.17.140 and 58.17.170; and creating a new section.
Referred to Committee on Local Government & Housing.
HB 2221 by Representatives Eddy and Williams
AN ACT Relating to excise taxation of certain cosmetic medical services; amending RCW 82.12.020, 82.04.060, 82.04.190, 82.12.010, 82.12.035, and 82.12.0251; reenacting and amending RCW 82.04.050; adding a new section to chapter 82.32 RCW; adding a new section to chapter 82.04 RCW; and providing an effective date.
Referred to Committee on Finance.
HB 2222 by Representatives Blake, Kretz, Short, Eddy, Smith, Takko, Hinkle, Hudgins, Springer, Herrera, Morris, Warnick, Williams and Chandler
AN ACT Relating to conditioning industrial storm water general discharge permits; amending RCW 90.48.555, 90.48.560, and 90.48.565; creating a new section; and providing an expiration date.
Referred to Committee on Agriculture & Natural Resources.
HB 2223 by Representatives Clibborn, Johnson and Morrell
AN ACT Relating to commercial driver's license applicants who operate commercial motor vehicles for agribusiness purposes; and amending RCW 46.25.060.
Referred to Committee on Transportation.
HB 2224 by Representative Simpson
AN ACT Relating to installation of residential fire sprinkler systems; amending RCW 18.160.050, 82.02.100, and 70.119A.180; adding a new section to chapter 80.28 RCW; and creating a new section.
Referred to Committee on Local Government & Housing.
HB 2225 by Representatives Driscoll, Clibborn, Wood, Moeller, Liias, Rolfes, Williams, Simpson, Eddy, Finn, Parker, Carlyle, White, Sells, Morrell, Ormsby and Van De Wege
AN ACT Relating to a project at the intersection of state route number 195 and Cheney-Spokane Road; adding a new section to chapter 47.01 RCW; and creating new sections.
Referred to Committee on Transportation.
HB 2226 by Representatives Orcutt, Blake, Maxwell, Williams and Hope
AN ACT Relating to issuing firearms certificates to retired law enforcement officers; and amending RCW 36.28A.090.
Referred to Committee on Judiciary.
HB 2227 by Representatives Probst, Orwall, Santos, Nelson, Sullivan, Liias, Williams, Carlyle, Maxwell, Conway, Morrell, White, Goodman, Jacks, Kenney and Seaquist
AN ACT Relating to green jobs; amending RCW 43.330.310; adding a new section to chapter 28B.50 RCW; adding a new section to chapter 28C.18 RCW; adding a new section to chapter 49.04 RCW; adding a new section to chapter 43.330 RCW; and creating new sections.
Referred to Committee on Community & Economic Development & Trade.
HB 2228 by Representatives Bailey, Johnson, Dammeier, Alexander and Chandler
AN ACT Relating to sustainable operating budgets; adding new sections to chapter 43.88 RCW; and creating new sections.
Referred to Committee on Ways & Means.
HB 2229 by Representatives Parker, Driscoll and Kelley
AN ACT Relating to modifying the definition of "manufacturer" for tax purposes to exclude persons who contract with other persons to reproduce content on a tangible medium for retail or wholesale distribution; and amending RCW 82.04.110.
Referred to Committee on Finance.
HCR 4404 by Representatives Wallace, Carlyle, Sells, Morrell, White and Kenney
Commending the higher education coordinating board for its initiative to develop a higher education system plan.
Referred to Committee on Higher Education.
There being no objection, the bills and memorial listed on the day’s introduction sheet under the fourth order of business were referred to the committees so designated.
REPORTS OF STANDING COMMITTEES
February 12, 2009
HB 1007 Prime Sponsor, Representative Morris: Creating a sustainable energy trust. Reported by Committee on Technology, Energy & Communications
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives McCoy, Chair; Eddy, Vice Chair; Crouse, Ranking Minority Member; Carlyle; Finn; Hasegawa; Hinkle; Hudgins; Jacks; McCune; Morris; Takko and Van De Wege.
MINORITY recommendation: Without recommendation. Signed by Representatives Haler, Assistant Ranking Minority Member; Condotta and Herrera.
Referred to Committee on Capital Budget.
February 11, 2009
HB 1039 Prime Sponsor, Representative Driscoll: Establishing a statewide CBRNE response program. Reported by Committee on Public Safety & Emergency Preparedness
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Hurst, Chair; O'Brien, Vice Chair; Appleton; Goodman and Kirby.
MINORITY recommendation: Do not pass. Signed by Representatives Pearson, Ranking Minority Member; Klippert, Assistant Ranking Minority Member and Ross.
Referred to Committee on Ways & Means.
February 13, 2009
HB 1156 Prime Sponsor, Representative Anderson: Creating a preference in the alternative route certification program for veterans and national guard members. Reported by Committee on Education
MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chair; Probst, Vice Chair; Priest, Ranking Minority Member; Hope, Assistant Ranking Minority Member; Cox; Dammeier; Hunt; Johnson; Liias; Maxwell; Orwall; Santos and Sullivan.
Passed to Committee on Rules for second reading.
February 12, 2009
HB 1171 Prime Sponsor, Representative Sullivan: Changing Washington beer commission provisions. Reported by Committee on Agriculture & Natural Resources
MAJORITY recommendation: Do pass. Signed by Representatives Blake, Chair; Jacks, Vice Chair; Chandler, Ranking Minority Member; Smith, Assistant Ranking Minority Member; Kretz; Liias; McCoy; Nelson; Ormsby; Pearson; Van De Wege and Warnick.
Passed to Committee on Rules for second reading.
February 11, 2009
HB 1221 Prime Sponsor, Representative Maxwell: Concerning counseling for witnesses in civil commitment proceedings under chapter 71.09 RCW. Reported by Committee on Public Safety & Emergency Preparedness
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Hurst, Chair; O'Brien, Vice Chair; Pearson, Ranking Minority Member; Klippert, Assistant Ranking Minority Member; Appleton; Goodman; Kirby and Ross.
Passed to Committee on Rules for second reading.
February 11, 2009
HB 1224 Prime Sponsor, Representative Klippert: Allowing law enforcement access to driver's license photographs for the purposes of identity verification. Reported by Committee on Public Safety & Emergency Preparedness
MAJORITY recommendation: Do pass. Signed by Representatives Hurst, Chair; O'Brien, Vice Chair; Pearson, Ranking Minority Member; Klippert, Assistant Ranking Minority Member; Appleton; Goodman; Kirby and Ross.
Referred to Committee on General Government Appropriations.
February 12, 2009
HB 1271 Prime Sponsor, Representative Haigh: Regarding dispensing and administration of drugs to registered or licensed veterinary personnel. Reported by Committee on Agriculture & Natural Resources
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Blake, Chair; Jacks, Vice Chair; Chandler, Ranking Minority Member; Smith, Assistant Ranking Minority Member; Kretz; Liias; McCoy; Nelson; Ormsby; Pearson; Van De Wege and Warnick.
Passed to Committee on Rules for second reading.
February 11, 2009
HB 1324 Prime Sponsor, Representative O'Brien: Modifying the requirements of psychological examinations for peace officer certification. Reported by Committee on Public Safety & Emergency Preparedness
MAJORITY recommendation: Do pass. Signed by Representatives Hurst, Chair; O'Brien, Vice Chair; Pearson, Ranking Minority Member; Klippert, Assistant Ranking Minority Member; Appleton; Goodman; Kirby and Ross.
Passed to Committee on Rules for second reading.
February 11, 2009
HB 1385 Prime Sponsor, Representative Haler: Modifying provisions relating to sexual misconduct by school employees. Reported by Committee on Public Safety & Emergency Preparedness
MAJORITY recommendation: Do pass. Signed by Representatives Hurst, Chair; O'Brien, Vice Chair; Pearson, Ranking Minority Member; Klippert, Assistant Ranking Minority Member; Kirby and Ross.
MINORITY recommendation: Do not pass. Signed by Representatives Appleton and Goodman.
Passed to Committee on Rules for second reading.
February 12, 2009
HB 1399 Prime Sponsor, Representative Chase: Concerning renewable energy system cost recovery. Reported by Committee on Technology, Energy & Communications
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives McCoy, Chair; Eddy, Vice Chair; Crouse, Ranking Minority Member; Carlyle; Condotta; Finn; Hasegawa; Herrera; Hinkle; Hudgins; Jacks; McCune; Morris; Takko and Van De Wege.
MINORITY recommendation: Without recommendation. Signed by Representative Haler, Assistant Ranking Minority Member.
Referred to Committee on Finance.
February 11, 2009
HB 1429 Prime Sponsor, Representative O'Brien: Concerning respite care. Reported by Committee on Human Services
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Green; Klippert; Morrell; O'Brien and Walsh.
Referred to Committee on Health & Human Services Appropriations.
February 10, 2009
HB 1475 Prime Sponsor, Representative Orcutt: Requiring state agency rule-making information to be posted on each state agency's web site. Reported by Committee on State Government & Tribal Affairs
MAJORITY recommendation: Do pass. Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Armstrong, Ranking Minority Member; Alexander; Hurst; Miloscia and Newhouse.
Passed to Committee on Rules for second reading.
February 11, 2009
HB 1505 Prime Sponsor, Representative Dickerson: Authorizing diversion for sexually exploited juveniles. Reported by Committee on Human Services
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Green; Klippert; Morrell; O'Brien and Walsh.
Passed to Committee on Rules for second reading.
February 10, 2009
HB 1575 Prime Sponsor, Representative Sells: Requiring a state route number 2 route development plan. Reported by Committee on Transportation
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Clibborn, Chair; Liias, Vice Chair; Roach, Ranking Minority Member; Armstrong; Campbell; Cox; Eddy; Ericksen; Finn; Herrera; Johnson; Klippert; Kristiansen; Moeller; Rolfes; Sells; Shea; Simpson; Springer; Takko; Upthegrove; Wallace; Williams and Wood.
Passed to Committee on Rules for second reading.
February 12, 2009
HB 1596 Prime Sponsor, Representative Green: Protecting a woman's right to breastfeed in a place of public resort, accommodation, assemblage, or amusement. Reported by Committee on State Government & Tribal Affairs
MAJORITY recommendation: Do pass. Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Armstrong, Ranking Minority Member; Alexander; Flannigan; Hurst; Miloscia and Newhouse.
Passed to Committee on Rules for second reading.
February 12, 2009
HB 1681 Prime Sponsor, Representative Newhouse: Regarding the fruit and vegetable district fund. Reported by Committee on Agriculture & Natural Resources
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Blake, Chair; Jacks, Vice Chair; Chandler, Ranking Minority Member; Smith, Assistant Ranking Minority Member; Kretz; Liias; McCoy; Nelson; Ormsby; Pearson; Van De Wege and Warnick.
Referred to Committee on General Government Appropriations.
February 12, 2009
HB 1682 Prime Sponsor, Representative Newhouse: Concerning horticultural pest and disease boards. Reported by Committee on Agriculture & Natural Resources
MAJORITY recommendation: Do pass. Signed by Representatives Blake, Chair; Jacks, Vice Chair; Chandler, Ranking Minority Member; Smith, Assistant Ranking Minority Member; Kretz; Liias; McCoy; Nelson; Ormsby; Pearson; Van De Wege and Warnick.
Passed to Committee on Rules for second reading.
February 12, 2009
HB 1698 Prime Sponsor, Representative Hudgins: Creating a state broadband adoption and deployment authority. Reported by Committee on Technology, Energy & Communications
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives McCoy, Chair; Eddy, Vice Chair; Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Carlyle; Condotta; Finn; Hasegawa; Herrera; Hinkle; Hudgins; Jacks; McCune; Morris; Takko and Van De Wege.
Referred to Committee on Finance.
February 12, 2009
HB 1699 Prime Sponsor, Representative Hudgins: Implementing a high-speed internet deployment and adoption strategy for the state. Reported by Committee on Technology, Energy & Communications
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives McCoy, Chair; Eddy, Vice Chair; Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Carlyle; Condotta; Finn; Hasegawa; Herrera; Hinkle; Hudgins; Jacks; McCune; Morris; Takko and Van De Wege.
Referred to Committee on Ways & Means.
February 12, 2009
HB 1700 Prime Sponsor, Representative Hudgins: Conducting an inventory of publicly owned high-speed internet infrastructure. Reported by Committee on Technology, Energy & Communications
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives McCoy, Chair; Eddy, Vice Chair; Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Carlyle; Condotta; Finn; Hasegawa; Herrera; Hinkle; Hudgins; Jacks; McCune; Morris; Takko and Van De Wege.
Referred to Committee on General Government Appropriations.
February 12, 2009
HB 1701 Prime Sponsor, Representative Hudgins: Authorizing the department of information services to engage in high-speed internet activities. Reported by Committee on Technology, Energy & Communications
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives McCoy, Chair; Eddy, Vice Chair; Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Carlyle; Condotta; Finn; Hasegawa; Herrera; Hinkle; Hudgins; Jacks; McCune; Morris; Takko and Van De Wege.
Referred to Committee on Ways & Means.
February 12, 2009
HB 1707 Prime Sponsor, Representative Kirby: Establishing provisions for actions by insurance companies against violators. Reported by Committee on Judiciary
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Flannigan; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.
Passed to Committee on Rules for second reading.
February 12, 2009
HB 1749 Prime Sponsor, Representative Bailey: Regulating the business practices of mortgage brokers for compliance with the secure and fair enforcement for mortgage licensing act of 2008. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Kirby, Chair; Kelley, Vice Chair; Bailey, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Hurst; McCoy; Nelson; Roach; Rodne; Santos and Simpson.
Referred to Committee on General Government Appropriations.
February 12, 2009
HB 1789 Prime Sponsor, Representative Dammeier: Allowing the department of corrections to rely upon jail certification in the calculation of release dates for offenders. Reported by Committee on Human Services
MAJORITY recommendation: Do pass. Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Green; Klippert; Morrell; O'Brien and Walsh.
Passed to Committee on Rules for second reading.
February 12, 2009
HB 1790 Prime Sponsor, Representative O'Brien: Including domestic violence court order violations to the list of offenses eligible for notification. Reported by Committee on Human Services
MAJORITY recommendation: Do pass. Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Green; Klippert; Morrell; O'Brien and Walsh.
Passed to Committee on Rules for second reading.
February 12, 2009
HB 1826 Prime Sponsor, Representative Rodne: Addressing the proceeds from foreclosure sales. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Flannigan; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.
Passed to Committee on Rules for second reading.
February 10, 2009
HJM 4001 Prime Sponsor, Representative O'Brien: Requesting the state and the legislative authorities of each county to promote the recognition and celebration of older adults. Reported by Committee on State Government & Tribal Affairs
MAJORITY recommendation: Do pass. Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Armstrong, Ranking Minority Member; Alexander; Hurst; Miloscia and Newhouse.
Passed to Committee on Rules for second reading.
February 13, 2009
HJM 4002 Prime Sponsor, Representative Sullivan: Requesting reauthorization of the No Child Left Behind Act to include health and fitness. Reported by Committee on Education
MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chair; Probst, Vice Chair; Priest, Ranking Minority Member; Hope, Assistant Ranking Minority Member; Cox; Dammeier; Hunt; Johnson; Liias; Maxwell; Orwall; Santos and Sullivan.
Passed to Committee on Rules for second reading.
There being no objection, the bills and memorials listed on the day’s committee reports under the fifth order of business were referred to the committees so designated.
RESOLUTIONS
HOUSE RESOLUTION NO. 2009-4622, by Representatives Pettigrew, Eddy, Carlyle, Liias, Maxwell, Finn, Hunter, Hudgins, Pedersen, Wallace, Sells, Williams, Wood, Orwall, Green, Goodman, White, Johnson, Walsh, Nelson, Dammeier, Haler, and Jacks
WHEREAS, Our nation was founded upon the notion that freedom and equality are inseparable; and
WHEREAS, The fight for freedom and equality is celebrated each February as our nation recognizes Black History Month; and
WHEREAS, Black Americans survived nearly 400 years of slavery and human bondage, earning their freedom with President Abraham Lincoln's Emancipation Proclamation, only to face another century of segregation and discrimination in the South; and
WHEREAS, In February 1926, Carter G. Woodson founded "Negro History Week" which was later expanded to Black History Month, in the hope that Americans would learn about forgotten chapters of our nation's history and develop mutual respect for people of all color, race, and creed; and
WHEREAS, George Washington Bush came to the Northwest with his wife and family seeking a place free of prejudice, and homesteaded a 640-acre parcel that later became Bush Prairie, now known as Tumwater; and
WHEREAS, George Washington Bush founded the city of Centerville, now known as Centralia, and single-handedly saved the city from bankruptcy and starvation during the closing of iron works and local lumber mills, by providing food for the local citizens and making interest free loans to residents of the community; and
WHEREAS, Representatives Charles Stokes and Marjorie Pitter King were the first Black American man and woman to serve in the Legislature following the proclamation of Washington statehood, and Charles Z. Smith was the first Black American to serve on the Washington State Supreme Court; and
WHEREAS, The Washington State Legislature is honored to have among its former members the following elected Black American representatives and senators: Sam Smith, Michael Ross, Peggy Joan Maxie, George Fleming, Bill Smitherman, Jesse Wineberry, Vivian Caver, Dawn Mason, W.O. Bush, Charles Stokes, and John Lovick; and
WHEREAS, Black Americans have made significant contributions to Washington state history, including: Civil rights leader Edwin T. Pratt; poet Mona Lake Jones; artists Jacob Lawrence and James Worthington; historian Esther Mumford; and musicians Quincy Jones, Ernestine Anderson, and Jimi Hendrix; and
WHEREAS, On January 20, 2009, President Barack Obama was sworn in as the first Black American president of the United States of America;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize during this month of remembering Black history the Americans of African descent who have contributed to the vitality of Washington State; and
BE IT FURTHER RESOLVED, That the members of the Washington State House of Representatives do hereby recognize and appreciate the many benefits of Black History Month to our citizenry and to our culture in general, and that we urge all citizens of the state of Washington to join with us in taking the opportunity this month to explore this rich history.
HOUSE RESOLUTION NO. 4622 was adopted.
HOUSE RESOLUTION NO. 2009-4621, by Representatives Kessler and Kretz
WHEREAS, The House of Representatives adopted permanent rules for the Sixty-first Legislature (2009-2010) under House Resolution No. 2009-4608;
NOW, THEREFORE, BE IT RESOLVED, That Rule 23 as set forth in House Resolution No. 2009-4608 is amended to read as follows:
"Standing Committees
Rule 23. The standing committees of the house and the number of members that shall serve on each committee shall be as follows: