SIXTY SECOND LEGISLATURE - REGULAR SESSION

 

 

FIFTY SECOND DAY

 

 

House Chamber, Olympia, Wednesday, February 29, 2012

 

The House was called to order at 10:00 a.m. by the Speaker (Representative Moeller presiding). The Clerk called the roll and a quorum was present.

 

The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Daniele Modderman and Miles Robertson. The Speaker (Representative Moeller presiding) led the Chamber in the Pledge of Allegiance.  The prayer was offered by Chaplain Richard Lopez, Washington 1 Disaster Assostamce Medical Team Seattle.

 

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

 

SPEAKER’S PRIVILEGE

 

The Speaker (Representative Moeller presiding) introduced Nikai Oreala, Directior of the Women’s Political Initiative for General Equality in Obuja, Nigeria to the chamber and asked the chamber to acknowledge them.

 

RESOLUTION

 

HOUSE RESOLUTION NO. 4681, by Representatives Chopp, DeBolt, Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, and Zeiger

      WHEREAS, Tony V. Radulescu was born in Bucharest, Romania, and like millions of Americans, he emigrated to this country in search of opportunity and a better life; and

      WHEREAS, Sergeant Tony V. Radulescu served our country honorably in the United States Army and as an active member of the United States Army Reserve until retiring January 1, 2008, after 20 years of military service to his country; and

      WHEREAS, Tony V. Radulescu was commissioned with the 79th Trooper Basic Training Class as a Washington State Patrol trooper after which he was assigned to serve the residents of the Kitsap Peninsula; and

      WHEREAS, Trooper Tony V. Radulescu became a strong and vital link between the work of the Washington State Patrol and the community he served; and

      WHEREAS, Trooper Radulescu fully embodied the Washington State Patrol's motto of "Service with Humility" by performing his duties with a positive attitude, an ever present smile, and a sense of respect for the community he served; and

      WHEREAS, Trooper Tony V. Radulescu was senselessly killed in the line of duty on February 23, 2012, after serving more than 16 years with the Washington State Patrol; and

      WHEREAS, Trooper Tony V. Radulescu's spirit of service will continue through the lives he impacted, including his son, who serves on active duty with the United States Army, his fellow troopers, and in the lives of the young people he changed;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives express its deepest condolences to the family, friends, colleagues, and community that have lost Trooper Tony V. Radulescu; and

      BE IT FURTHER RESOLVED, That the House of Representatives join the people of the State of Washington in expressing our thanks for the dedicated service of Trooper Tony V. Radulescu; and

      BE IT FURTHER RESOLVED, That the House of Representatives express the appreciation and continuing gratitude to the brave women and men that protect our state every day as members of the Washington State Patrol; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the surviving family members of Trooper Tony V. Radulescu; Washington State Patrol Chief John Batiste; and Washington State Patrol Bremerton District Commander Bob Johnson.

 

Representative Liias moved adoption of HOUSE RESOLUTION NO. 4681

 

      Representatives Liias, Ross and Angel spoke in favor of the adoption of the resolution.

 

HOUSE RESOLUTION NO. 4681 was adopted.

 

SPEAKER’S PRIVILEGE

 

The Speaker (Representative Moeller presiding) asked the chamber to join in a moment of silence to honor the loss of State Trooper Radulescu. He then introduced members of the Troopers family son Erick, brother Mario, wife Mona and asked the chamber to acknowledge them.

 

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

 

There being no objection, the Committee on Rules was relieved of SUBSTITUTE SENATE BILL NO. 6414 and the bill was placed on the second reading calendar:

 

MESSAGE FROM THE SENATE

 

February 29, 2012

 

MR. SPEAKER:

 

The Senate has passed:

SUBSTITUTE HOUSE BILL NO. 2181

SUBSTITUTE HOUSE BILL NO. 2352

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2384

HOUSE BILL NO. 2393

HOUSE BILL NO. 2651

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2664

and the same are herewith transmitted.

Brad Hendrickson, Deputy, Secretary

 

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

 

SECOND READING

 

      SUBSTITUTE SENATE BILL NO. 6044, by Senate Committee on Energy, Natural Resources & Marine Waters (originally sponsored by Senator Honeyford)

 

      Concerning the supply of water by public utility districts bordered by the Columbia river to be used in, or power from, pumped storage projects. Revised for 1st Substitute: Concerning the supply of water by public utility districts bordered by the Columbia river to be used in pumped storage projects.

 

      The bill was read the second time.

 

Representative Morris moved the adoption of amendment (1247).

 

0)       Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 54.16 RCW to read as follows:

      (1) Notwithstanding any other provision of this chapter to the contrary, a qualifying public utility district may supply any water, if authorized by a previously perfected water right under its control, to be used in a pumped storage generating facility to any entity that sells electric energy or water either directly or indirectly to the public.

      (2) To qualify for the authority under this section, the public utility district must have satisfed all of the following requirements prior to the effective date of this act:

      (a) Border the Columbia river;

      (b) Have obtained a water right from an industrial user; and

      (c) Hold a water right for which power generation is an authorized purpose.

(3) Water supplied to an entity under this section must be supplied consistent with a contract that contains the terms and conditions deemed appropriate by the commission of the qualifying public utility district.  Contracts under this section must be made pursuant to a resolution of the commission that is introduced at a meeting of the commission at least ten days prior to the date of the adoption of the resolution.  However, the commission shall first make adequate provision for the needs of the public utility district, both actual and prospective."

 

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

 

Amendment (1247) was adopted.

 

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

 

      Representatives Blake and Johnson spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6044, as amended by the House.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6044, as amended by the House, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

 

SUBSTITUTE SENATE BILL NO. 6044, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

      ENGROSSED HOUSE BILL NO. 2814, by Representatives Clibborn, Armstrong, Eddy and Springer

 

      Concerning the replacement of certain elements of the state route number 520 corridor.

 

      The bill was read the second time.

 

Representative Fitzgibbon moved the adoption of amendment (1255).

 

0)   On page 2, line 25, after "state" insert ".  In the past, the legislature has only provided exemptions to the shoreline management act for bridges that have sunk, and it is the intent of the legislature to only allow this exemption to the automatic stay provision of the shoreline management act because the Evergreen Point floating bridge is in danger of further damage and sinking"

 

Representatives Fitzgibbon and Clibborn spoke in favor of the adoption of the amendment.

 

Representatives Armstrong and Klippert spoke against the adoption of the amendment.

 

Division was demanded and the demand was sustained.  The Speaker (Representative Moeller presiding) divided the House. The result was 54 - YEAS; 44 - NAYS.

 

Amendment (1255) was adopted.

 

Representative Rodne moved the adoption of amendment (1238).

 

0)   On page 4, line 14, after "for" insert "any substantial development, including"

 

POINT OF PARLIAMENTARY INQUIRY

 

      Representative Representative Green: “Mr. Speaker I’d ask for a ruling on scope and object of this amendment.”

 

SPEAKER’S RULING

 

Mr. Speaker: “House Bill 2814 is titled an act relating to “the replacement of certain elements of the state route number 520 corridor.” Amendment (1238) broadens the exemptions contained in the bill to apply to all state Department of Transportation projects. The amendment is outside the scope of the bill as expressed by its title. The point of order is well taken.”

 

Amendment (1238) 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 Clibborn, Armstrong, Takko, Rodne, Pollet, Klippert, Eddy and Taylor spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 2814.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed House Bill No. 2814, and the bill passed the House by the following vote: Yeas, 94; Nays, 4; Absent, 0; Excused, 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunter, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Hunt, Hurst, Overstreet and Taylor.

 

ENGROSSED HOUSE BILL NO. 2814, having received the necessary constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

I intended to vote NAY on Engrossed House Bill No. 2814.

Representative Dahlquist, 31st District

 

SECOND READING

 

      SUBSTITUTE SENATE BILL NO. 5381, by Senate Committee on Government Operations, Tribal Relations & Elections (originally sponsored by Senators Prentice and Regala)

 

      Adjusting voting requirements for emergency medical service levies. Revised for 1st Substitute: Adjusting voting requirements for the renewal of emergency medical service levies.

 

      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 the passage of the bill.

 

      Representative Orcutt spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5381.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute Senate Bill No. 5381, and the bill passed the House by the following vote: Yeas, 72; Nays, 26; Absent, 0; Excused, 0.

      Voting yea: Representatives Anderson, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Carlyle, Clibborn, Cody, Dahlquist, Dammeier, Darneille, Dickerson, Dunshee, Eddy, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Harris, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jinkins, Kagi, Kelley, Kenney, Kirby, Klippert, Ladenburg, Liias, Lytton, Maxwell, McCoy, Miloscia, Moeller, Morris, Moscoso, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ryu, Santos, Seaquist, Sells, Smith, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wylie, Zeiger and Mr. Speaker.

      Voting nay: Representatives Ahern, Alexander, Angel, Buys, Chandler, Condotta, Crouse, DeBolt, Fagan, Hargrove, Hope, Johnson, Kretz, Kristiansen, McCune, Nealey, Orcutt, Overstreet, Parker, Pearson, Ross, Schmick, Shea, Short, Taylor and Wilcox.

 

SUBSTITUTE SENATE BILL NO. 5381, having received the necessary constitutional majority, was declared passed.

 

      SUBSTITUTE SENATE BILL NO. 5966, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Fraser and Swecker)

 

      Establishing the office of the health care authority ombudsman.

 

      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 Cody and Schmick spoke in favor of the passage of the bill.

 

      Representative Hinkle spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5966.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute Senate Bill No. 5966, and the bill passed the House by the following vote: Yeas, 83; Nays, 15; Absent, 0; Excused, 0.

      Voting yea: Representatives Alexander, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Carlyle, Clibborn, Cody, Dahlquist, Dammeier, Darneille, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Harris, Hasegawa, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, Miloscia, Moeller, Morris, Moscoso, Nealey, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Short, Smith, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

      Voting nay: Representatives Ahern, Anderson, Buys, Chandler, Condotta, Crouse, DeBolt, Hargrove, Hinkle, McCune, Orcutt, Overstreet, Rodne, Shea and Taylor.

 

SUBSTITUTE SENATE BILL NO. 5966, having received the necessary constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

I intended to vote YEA on Substitute Senate Bill No. 5966.

Representative DeBolt, 20th District

 

SECOND READING

 

      SENATE BILL NO. 6095, by Senator Kohl-Welles

 

      Making technical corrections to gender-based terms.

 

      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 Goodman spoke in favor of the passage of the bill.

 

      Representative Rodne spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Senate Bill No. 6095.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Senate Bill No. 6095, and the bill passed the House by the following vote: Yeas, 66; Nays, 32; Absent, 0; Excused, 0.

      Voting yea: Representatives Anderson, Angel, Appleton, Asay, Billig, Blake, Carlyle, Clibborn, Cody, Dahlquist, Dammeier, Darneille, Dickerson, Dunshee, Eddy, Fagan, Fitzgibbon, Goodman, Green, Haigh, Hansen, Harris, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jinkins, Kagi, Kelley, Kenney, Kirby, Ladenburg, Liias, Lytton, Maxwell, McCoy, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Roberts, Ryu, Santos, Seaquist, Sells, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Walsh, Wylie, Zeiger and Mr. Speaker.

      Voting nay: Representatives Ahern, Alexander, Armstrong, Bailey, Buys, Chandler, Condotta, Crouse, DeBolt, Finn, Haler, Hargrove, Hinkle, Hope, Johnson, Klippert, Kretz, Kristiansen, McCune, Overstreet, Parker, Pearson, Rivers, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Warnick and Wilcox.

 

SENATE BILL NO. 6095, having received the necessary constitutional majority, was declared passed.

 

 

      SUBSTITUTE SENATE BILL NO. 5984, by Senate Committee on Ways & Means (originally sponsored by Senators Murray, Zarelli, Parlette, Kilmer, Fraser, Harper, Kohl-Welles and Chase)

 

      Concerning local government financial soundness.

 

      The bill was read the second time.

 

With the consent of the house, amendment (1217) was withdrawn.

 

Representative Sullivan moved the adoption of amendment (1190).

 

0)       On page 5, after line 24, insert the following:

"Sec. 7.  RCW 82.14.390 and 2011 1st sp.s. c 50 s 973 are each amended to read as follows:

      (1) Except as provided in subsection (7) of this section, the governing body of a public facilities district (a) created before July 31, 2002, under chapter 35.57 or 36.100 RCW that ((commences)) commenced construction of a new regional center, or improvement or rehabilitation of an existing new regional center, before January 1, 2004; (b) created before July 1, 2006, under chapter 35.57 RCW in a county or counties in which there are no other public facilities districts on June 7, 2006, and in which the total population in the public facilities district is greater than ninety thousand that ((commences)) commenced construction of a new regional center before February 1, 2007; (c) created under the authority of RCW 35.57.010(1)(d); or (d) created before September 1, 2007, under chapter 35.57 or 36.100 RCW, in a county or counties in which there are no other public facilities districts on July 22, 2007, and in which the total population in the public facilities district is greater than seventy thousand, that ((commences)) commenced construction of a new regional center before January 1, 2009, or before January 1, 2011, in the case of a new regional center in a county designated by the president as a disaster area in December 2007, may impose a sales and use tax in accordance with the terms of this chapter.  The tax is in addition to other taxes authorized by law and must be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the public facilities district.  The rate of tax may not exceed 0.033 percent of the selling price in the case of a sales tax or value of the article used in the case of a use tax.

      (2)(a) The governing body of a public facilities district imposing a sales and use tax under the authority of this section may increase the rate of tax up to 0.037 percent if, within three fiscal years of July 1, 2008, the department determines that, as a result of RCW 82.14.490 and the chapter 6, Laws of 2007 amendments to RCW 82.14.020, a public facilities district's sales and use tax collections for fiscal years after July 1, 2008, have been reduced by a net loss of at least 0.50 percent from the fiscal year before July 1, 2008.  The fiscal year in which this section becomes effective is the first fiscal year after July 1, 2008.

      (b) The department must determine sales and use tax collection net losses under this section as provided in RCW 82.14.500 (2) and (3).  The department must provide written notice of its determinations to public facilities districts.  Determinations by the department of a public facilities district's sales and use tax collection net losses as a result of RCW 82.14.490 and the chapter 6, Laws of 2007 amendments to RCW 82.14.020 are final and not appealable.

      (c) A public facilities district may increase its rate of tax after it has received written notice from the department as provided in (b) of this subsection.  The increase in the rate of tax must be made in 0.001 percent increments and must be the least amount necessary to mitigate the net loss in sales and use tax collections as a result of RCW 82.14.490 and the chapter 6, Laws of 2007 amendments to RCW 82.14.020.  The increase in the rate of tax is subject to RCW 82.14.055.

      (3) The tax imposed under subsection (1) of this section must be deducted from the amount of tax otherwise required to be collected or paid over to the department of revenue under chapter 82.08 or 82.12 RCW.  The department of revenue must perform the collection of such taxes on behalf of the county at no cost to the public facilities district.  During the 2011-2013 fiscal biennium, distributions by the state to a public facilities district based on the additional rate authorized in subsection (2) of this section must be reduced by 3.4 percent.

      (4) No tax may be collected under this section before August 1, 2000.  The tax imposed in this section expires when the bonds issued for the construction, improvement, rehabilitation, or expansion of the regional center and related parking facilities are retired, but not more than ((twenty-five)) forty years after the tax is first collected.

      (5) Moneys collected under this section may only be used for the purposes set forth in RCW 35.57.020 and must be matched with an amount from other public or private sources equal to thirty-three percent of the amount collected under this section; however, amounts generated from nonvoter approved taxes authorized under chapter 35.57 RCW or nonvoter approved taxes authorized under chapter 36.100 RCW do not constitute a public or private source.  For the purpose of this section, public or private sources includes, but is not limited to cash or in-kind contributions used in all phases of the development or improvement of the regional center, land that is donated and used for the siting of the regional center, cash or in-kind contributions from public or private foundations, or amounts attributed to private sector partners as part of a public and private partnership agreement negotiated by the public facilities district.

      (6) The combined total tax levied under this section may not be greater than 0.037 percent.  If both a public facilities district created under chapter 35.57 RCW and a public facilities district created under chapter 36.100 RCW impose a tax under this section, the tax imposed by a public facilities district created under chapter 35.57 RCW must be credited against the tax imposed by a public facilities district created under chapter 36.100 RCW.

      (7) A public facilities district created under chapter 36.100 RCW is not eligible to impose the tax under this section if the legislative authority of the county where the public facilities district is located has imposed a sales and use tax under RCW 82.14.0485 or 82.14.0494."

 

      Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.

 

POINT OF PARLIAMENTARY INQUIRY

 

Representative Green “I request a ruling of scope and object on this amendment.”

 

SPEAKER’S RULING

 

Mr. Speaker: “Substitute Senate Bill 5984 is titled an act relating to “local government financial soundness.” The bill is concerned with financially distressed public facilities districts, and authorizes a PFD that has defaulted on debt to impose a local sales tax for purposes of refinancing debt. It also requires independent financial review of future PFD actions and prohibits contractual restriction of a PFD’s statutory taxing authority. Amendment 1190 amends the statute authorizing a PFD sales and use tax credit against taxes owed the state, to extend the duration of and alter the purposes for which the credit may be claimed. The taxation provisions in the underlying bill relate solely to the imposition of local taxes, unlike the taxations provisions in the amendment which relate to the taxes due the state. The Speaker therefore finds that the amendment is beyond the scope and object of the bill. The point of order is well taken.”

 

Amendment (1190) was ruled out of order.

 

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

 

      Representatives Armstrong, Hunter and Condotta spoke in favor of the passage of the bill.

 

      Representative Alexander spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5984.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5984, and the bill passed the House by the following vote: Yeas, 62; Nays, 36; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Armstrong, Asay, Billig, Blake, Carlyle, Chandler, Clibborn, Cody, Condotta, Darneille, Dickerson, Dunshee, Eddy, Finn, Fitzgibbon, Goodman, Green, Haigh, Hansen, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jinkins, Kagi, Kenney, Kirby, Klippert, Ladenburg, Lytton, Maxwell, McCoy, Miloscia, Moeller, Morris, Moscoso, Nealey, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Reykdal, Roberts, Ryu, Santos, Seaquist, Sells, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wylie and Mr. Speaker.

Voting nay: Representatives Ahern, Alexander, Anderson, Angel, Bailey, Buys, Crouse, Dahlquist, Dammeier, DeBolt, Fagan, Haler, Hargrove, Harris, Hope, Johnson, Kelley, Kretz, Kristiansen, Liias, McCune, Orcutt, Overstreet, Parker, Pearson, Probst, Rivers, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Wilcox and Zeiger.

 

SUBSTITUTE SENATE BILL NO. 5984, having received the necessary constitutional majority, was declared passed.

 

      SUBSTITUTE SENATE BILL NO. 5412, by Senate Committee on Labor, Commerce & Consumer Protection (originally sponsored by Senators Keiser, Kohl-Welles, Kline, Roach, Conway, Hobbs and Chase)

 

      Providing remedies for whistleblowers in the conveyance work industry.

 

      The bill was read the second time.

 

With the consent of the house, amendments (1192), (1193), (1194), (1195), (1212), (1213), (1214), (1215), (1253) and (1254) 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 Reykdal spoke in favor of the passage of the bill.

 

      Representative Condotta spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5412.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5412, and the bill passed the House by the following vote: Yeas, 56; Nays, 42; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Billig, Blake, Carlyle, Clibborn, Cody, Darneille, Dickerson, Dunshee, Eddy, Finn, Fitzgibbon, Goodman, Green, Haigh, Hansen, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jinkins, Kagi, Kelley, Kenney, Kirby, Ladenburg, Liias, Lytton, Maxwell, McCoy, Miloscia, Moeller, Morris, Moscoso, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Roberts, Ryu, Santos, Seaquist, Sells, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Wylie and Mr. Speaker.

Voting nay: Representatives Ahern, Alexander, Anderson, Angel, Armstrong, Asay, Bailey, Buys, Chandler, Condotta, Crouse, Dahlquist, Dammeier, DeBolt, Fagan, Haler, Hargrove, Harris, Hinkle, Hope, Johnson, Klippert, Kretz, Kristiansen, McCune, Nealey, Orcutt, Overstreet, Parker, Pearson, Rivers, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh, Warnick, Wilcox and Zeiger.

 

SUBSTITUTE SENATE BILL NO. 5412, having received the necessary constitutional majority, was declared passed.

 

      SUBSTITUTE SENATE BILL NO. 6421, by Senate Committee on Labor, Commerce & Consumer Protection (originally sponsored by Senators King, Kline and Holmquist Newbry)

 

      Addressing the statement of intent to pay prevailing wages on public works. Revised for 1st Substitute: Addressing the affidavit of wages paid on public works.

 

      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 Condotta and Sells spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6421.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute Senate Bill No. 6421, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

 

SUBSTITUTE SENATE BILL NO. 6421, having received the necessary constitutional majority, was declared passed.

 

      SUBSTITUTE SENATE BILL NO. 6508, by Senate Committee on Human Services & Corrections (originally sponsored by Senator Pridemore)

 

      Authorizing waivers from certain DSHS overpayment recovery efforts.

 

      The bill was read the second time.

 

There being no objection, the committee amendment by the Committee on Early Learning & Human Services was before the House for purpose of amendment. (For Committee amendment, see Journal, Day 44, February 21, 2012).

 

Representative Ahern moved the adoption of amendment (1250) to the committee amendment:

 

0)                On page 1, line 25 of the striking amendment, after "department" strike all material through "benefits." on page 2, line 3 and insert "determines that the elements of equitable estoppel as set forth in WAC 388-02-0495, as it existed on January 1, 2012, are met."

 

      Representatives Hansen and Walsh spoke in favor of the adoption of the amendment to the committee amendment.

 

Amendment (1250) was adopted.

 

Representative Klippert moved the adoption of amendment (1241) to the committee amendment.

 

0)                On page 1, line 27 of the striking amendment, after "determines" strike all material through "support." on page 2, line 1 and insert ":(a) the client reported all unanticipated or unexplained increases in benefits that resulted in an overpayment; (b) the client reported all required changes in income or other changes in circumstances for which the client is required to report that resulted in an overpayment; and (c) the total amount of the overpayment was less than two thousand dollars."

 

      Representative Klippert spoke in favor of the adoption of the amendment to the committee amendment.

 

      Representative Hansen spoke against the adoption of the amendment to the committee amendment.

 

Amendment (1241) was not adopted.

 

The committee amendment was adopted as amended.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

 

      Representatives Hansen and Walsh spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6508, as amended by the House.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute Senate Bill No. 6508, as amended by the House, and the bill passed the House by the following vote: Yeas, 63; Nays, 35; Absent, 0; Excused, 0.

      Voting yea: Representatives Anderson, Appleton, Armstrong, Billig, Blake, Carlyle, Clibborn, Cody, Darneille, Dickerson, Dunshee, Finn, Fitzgibbon, Goodman, Green, Haigh, Hansen, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Jinkins, Kagi, Kelley, Kenney, Kirby, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Roberts, Ryu, Santos, Seaquist, Sells, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wylie and Mr. Speaker.

      Voting nay: Representatives Ahern, Alexander, Angel, Asay, Bailey, Buys, Chandler, Condotta, Crouse, Dahlquist, Dammeier, DeBolt, Eddy, Fagan, Haler, Hargrove, Hurst, Johnson, Klippert, Kretz, Kristiansen, Orcutt, Overstreet, Parker, Pearson, Rivers, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Wilcox and Zeiger.

 

SUBSTITUTE SENATE BILL NO. 6508, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

I intended to vote YEA on Substitute Senate Bill No. 6508.

Representative Eddy, 48th District

 

SECOND READING

 

      HOUSE BILL NO. 1820, by Representatives Hope, Liias, Rivers, Ryu, Moscoso, Morris, Hurst, Condotta, Jinkins, Fitzgibbon, Klippert, Johnson, Sells, Reykdal, Billig, Maxwell and Kelley

 

      Implementing the blue alert system.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1820 was substituted for House Bill No. 1820 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1820 was read the second time.

 

With the consent of the house, amendment (1249) was withdrawn.

 

Representative Liias moved the adoption of amendment (1259).

 

0)       Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  There is currently no system in place in Washington state to expedite the apprehension of violent criminals who seriously injure or kill local, state, or federal law enforcement officers.  Other states have adopted blue alert systems to achieve this objective.  The legislature declares that it is necessary to create a statewide blue alert system to speed the apprehension of violent criminals who kill or seriously injure local, state, or federal law enforcement officers.

NEW SECTION.  Sec. 2.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Blue alert system" means a quick response system designed to issue and coordinate alerts following an attack upon a law enforcement officer.

      (2) "Investigating law enforcement agency" means the law enforcement agency that has primary jurisdiction over the area or has been delegated and accepted investigatory responsibility in which a law enforcement officer has been seriously injured or killed.

      (3) "Law enforcement agency" means a general law enforcement agency as defined in RCW 10.93.020 and a limited law enforcement agency as defined in RCW 10.93.020.  Such agencies shall include, but are not limited to, the following:

      (a) The Washington state patrol;

      (b) All law enforcement agencies and police departments of any political subdivision of the state; and

      (c) The department of corrections.

      (4) "Law enforcement officer" includes police officers, the attorney general and the attorney general's deputies, sheriffs and their regular deputies, corrections officers, tribal law enforcement officers, park rangers, state fire marshals, municipal fire marshals, sworn members of the city fire departments, county and district fire fighters, and agents of the department of fish and wildlife.  "Law enforcement officer" also includes an employee of a federal governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and who has statutory powers of arrest.

      (5) "Officer's employing law enforcement agency" means the law enforcement agency by which the officer is employed.

NEW SECTION.  Sec. 3.  (1) Within existing resources, the Washington state patrol, in partnership with the Washington association of sheriffs and police chiefs, shall develop and implement a plan, commonly known as a blue alert system, consistent with the Amber alert program, endangered missing person advisory plan, and the missing person clearinghouse, for voluntary cooperation between local, state, tribal, and other law enforcement agencies, state government agencies, radio and television stations, and cable and satellite systems to enhance the public's ability to assist in apprehending persons suspected of killing or seriously injuring a law enforcement officer.  The blue alert system shall include the following:

      (a) Procedures to provide support to the investigating law enforcement agency as a resource for the receipt and dissemination of information regarding the suspect and the suspect's whereabouts and/or method of escape;

      (b) The process for reporting the information to designated media outlets in Washington; and

      (c) Criteria for the investigating law enforcement agency to determine quickly whether an officer has been seriously injured or killed and a blue alert therefore needs to be requested.

      (2) The investigating law enforcement agency may request activation of the blue alert system and notify appropriate participants in the blue alert system, when the investigating law enforcement agency believes that:

      (a) A suspect has not been apprehended;

      (b) A suspect may be a serious threat to the public;

      (c) Sufficient information is available to disseminate to the public that could assist in locating and apprehending the suspect;

      (d) Release of the information will not compromise the investigation; and

      (e) Criteria to ensure that releasing the victim information is proper, as to avoid improper next of kin notification.

      (3) When a blue alert is activated, the investigating law enforcement agency shall provide descriptive information under the criminal justice information act, chapter 10.98 RCW, and the national crime information center system.

      (4) The investigating law enforcement agency shall terminate the blue alert with respect to a particular suspect when the suspect is located or the incident is otherwise resolved, or when the investigating law enforcement agency determines that the blue alert system is no longer an effective tool for locating and apprehending the suspect.

NEW SECTION.  Sec. 4.  No cause of action shall be maintained for civil damages in any court of this state against any radio or television broadcasting station or cable television system, or the employees, officers, directors, managers, or agents of the radio or television broadcasting station or cable television system, based on the broadcast of information supplied by law enforcement officials pursuant to the provisions of this chapter.  Nothing in this section shall be construed to limit or restrict in any way any immunity or privilege a radio or television broadcasting station or cable television system may have under statute or common law for broadcasting or otherwise disseminating information.

NEW SECTION.  Sec. 5.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 6.  Sections 1 through 4 of this act constitute a new chapter in Title 10 RCW."

 

       Correct the title.

 

      Representatives Liias and Hope spoke in favor of the adoption of the amendment.

 

Amendment (1259) 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 Hope, Hurst and Liias spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1820.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1820, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1820, having received the necessary constitutional majority, was declared passed.

 

      SENATE BILL NO. 6131, by Senators Chase, Delvin and Kline

 

      Regarding the regulation of mercury.

 

      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 Upthegrove and Short spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Senate Bill No. 6131.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Senate Bill No. 6131, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

 

SENATE BILL NO. 6131, having received the necessary constitutional majority, was declared passed.

 

      SUBSTITUTE SENATE BILL NO. 6226, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Frockt, Harper, Regala, Zarelli, Fain, Hargrove, Kohl-Welles and Keiser)

 

      Concerning authorization periods for subsidized child care.

 

      The bill was read the second time.

 

There being no objection, the committee amendment by the Committee on Ways & Means was adopted. (For Committee amendment, see Journal, Day 44, February 21, 2012).

 

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

 

      Representatives Kagi and Walsh spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6226, as amended by the House.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6226, as amended by the House, and the bill passed the House by the following vote: Yeas, 97; Nays, 1; Absent, 0; Excused, 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representative Overstreet.

 

SUBSTITUTE SENATE BILL NO. 6226, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6237, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Keiser, Conway, Kline, Frockt and Becker)

 

      Creating a career pathway for medical assistants.

 

      The bill was read the second time.

 

There being no objection, the committee amendment by the Committee on Health & Human Services Appropriations & Oversight was adopted. (For Committee amendment, see Journal, Day 46, February 23, 2012).

 

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

 

      Representatives Cody and Hinkle spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6237, as amended by the House.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6237, as amended by the House, and the bill passed the House by the following vote: Yeas, 97; Nays, 1; Absent, 0; Excused, 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representative Overstreet.

 

ENGROSSED SUBSTITUTE SENATE BILL NO. 6237, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

      SUBSTITUTE SENATE BILL NO. 6384, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Parlette, Murray, Keiser, Fraser, Carrell, Kline, Pridemore, Frockt, Delvin, Harper, Fain, Honeyford, Benton, Hobbs, Hewitt, Shin, Regala, McAuliffe, Conway, Kohl-Welles, Roach, Haugen and Nelson)

 

      Ensuring that persons with developmental disabilities be given the opportunity to transition to a community access program after enrollment in an employment program.

 

      The bill was read the second time.

 

There being no objection, the committee amendment by the Committee on Early Learning & Human Services was adopted. (For Committee amendment, see Journal, Day 44, February 21, 2012).

 

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

 

      Representatives Kagi and Walsh spoke in favor of the passage of the bill.

 

COLLOQUY

 

Representative Walsh: “Is there anything in this bill that would prevent the Department of Social and Health Services from including Adult Day Health in a waiver program for people with developmental disabilities?”

 

Representative Kagi: “No, there is nothing in this bill that would prevent the Department of Social and Health Services from choosing to include Adult Day Health services in a waiver program for people with development disabilities.”

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6384, as amended by the House.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6384, as amended by the House, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

 

SUBSTITUTE SENATE BILL NO. 6384, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

      SUBSTITUTE SENATE BILL NO. 6387, by Senate Committee on Energy, Natural Resources & Marine Waters (originally sponsored by Senator Ranker)

 

      Concerning state parks, recreation, and natural resources fiscal matters.

 

      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 Hudgins spoke in favor of the passage of the bill.

 

      Representative Taylor spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6387.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute Senate Bill No. 6387, and the bill passed the House by the following vote: Yeas, 59; Nays, 39; Absent, 0; Excused, 0.

      Voting yea: Representatives Anderson, Appleton, Billig, Blake, Carlyle, Clibborn, Cody, Darneille, Dickerson, Dunshee, Eddy, Finn, Fitzgibbon, Goodman, Green, Haigh, Hansen, Hasegawa, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Kagi, Kelley, Kenney, Kirby, Liias, Lytton, Maxwell, McCoy, Miloscia, Moeller, Morris, Moscoso, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Ryu, Santos, Seaquist, Sells, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Wylie, Zeiger and Mr. Speaker.

      Voting nay: Representatives Ahern, Alexander, Angel, Armstrong, Asay, Bailey, Buys, Chandler, Condotta, Crouse, Dahlquist, Dammeier, DeBolt, Fagan, Haler, Hargrove, Harris, Hinkle, Johnson, Klippert, Kretz, Kristiansen, Ladenburg, McCune, Nealey, Orcutt, Overstreet, Parker, Pearson, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh, Warnick and Wilcox.

 

SUBSTITUTE SENATE BILL NO. 6387, having received the necessary constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

I intended to vote NAY on Substitute Senate Bill No. 6387.

Representative Rivers, 18th District

 

SECOND READING

 

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6486, by Senate Committee on Ways & Means (originally sponsored by Senators Kohl-Welles, Conway, Chase, Keiser, Harper, Prentice, Nelson, Pridemore, Kline, Murray and Frockt)

 

      Granting collective bargaining for postdoctoral researchers at certain state universities. Revised for 1st Substitute: Granting collective bargaining for postdoctoral researchers at certain state universities. (REVISED FOR ENGROSSED: Granting collective bargaining for postdoctoral and clinical employees at certain state universities. )

 

      The bill was read the second time.

 

There being no objection, the committee amendment by the Committee on Ways & Means was adopted. (For Committee amendment, see Journal, Day 50, February 27, 2012).

 

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

 

      Representative Sells spoke in favor of the passage of the bill.

 

      Representative Condotta spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6486, as amended by the House.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6486, as amended by the House, and the bill passed the House by the following vote: Yeas, 54; Nays, 44; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Billig, Blake, Carlyle, Clibborn, Cody, Darneille, Dickerson, Dunshee, Fitzgibbon, Goodman, Green, Haigh, Hansen, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jinkins, Kagi, Kelley, Kenney, Kirby, Ladenburg, Liias, Lytton, Maxwell, McCoy, Miloscia, Moeller, Morris, Moscoso, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Roberts, Ryu, Santos, Seaquist, Sells, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Wylie and Mr. Speaker.

Voting nay: Representatives Ahern, Alexander, Anderson, Angel, Armstrong, Asay, Bailey, Buys, Chandler, Condotta, Crouse, Dahlquist, Dammeier, DeBolt, Eddy, Fagan, Finn, Haler, Hargrove, Harris, Hinkle, Hope, Johnson, Klippert, Kretz, Kristiansen, McCune, Nealey, Orcutt, Overstreet, Parker, Pearson, Rivers, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh, Warnick, Wilcox and Zeiger.

 

ENGROSSED SUBSTITUTE SENATE BILL NO. 6486, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

      SUBSTITUTE SENATE BILL NO. 6414, by Senate Committee on Energy, Natural Resources & Marine Waters (originally sponsored by Senator Ranker)

 

      Authorizing advisory opinions regarding whether an electric generation project or conservation resource qualifies to meet a target under RCW 19.285.040. Revised for 1st Substitute: Creating a review process to determine whether a proposed electric generation project or conservation resource qualifies to meet a target under RCW 19.285.040.

 

      The bill was read the second time.

 

There being no objection, the House deferred action on. SUBSTITUTE SENATE BILL NO. 6414, and the bill held its place on the second reading calendar.

 

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6445, by Senate Committee on Transportation (originally sponsored by Senator Pridemore)

 

      Concerning the Interstate 5 Columbia river crossing project.

 

      The bill was read the second time.

 

With the consent of the house, amendment (1260) was withdrawn.

 

Representative Orcutt moved the adoption of amendment (1252).

 

0)                 On page 8, line 2, after "landings;" strike "and (2)" and insert "(2) the state of Oregon provides a credit against the Oregon state income tax, up to the amount of income tax owed, for all tolls paid by Washington residents on the Columbia River Crossing; and (3)" 

 

Representatives Orcutt, Harris, Orcutt (again) and Harris (again) spoke in favor of the adoption of the amendment.

 

Representative Liias spoke against the adoption of the amendment.

 

Amendment (1252) 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 Clibborn, Armstrong, Wylie and Liias spoke in favor of the passage of the bill.

 

      Representatives Orcutt and Harris spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6445.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6445, and the bill passed the House by the following vote: Yeas, 65; Nays, 33; Absent, 0; Excused, 0.

Voting yea: Representatives Anderson, Angel, Appleton, Armstrong, Asay, Billig, Carlyle, Clibborn, Cody, Dammeier, Darneille, Dickerson, Dunshee, Eddy, Finn, Fitzgibbon, Goodman, Green, Haigh, Hansen, Hinkle, Hudgins, Hunt, Hunter, Jinkins, Kagi, Kelley, Kenney, Kirby, Klippert, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, Miloscia, Moeller, Morris, Moscoso, Nealey, Ormsby, Orwall, Pearson, Pedersen, Pettigrew, Pollet, Reykdal, Roberts, Ryu, Santos, Seaquist, Sells, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Ahern, Alexander, Bailey, Blake, Buys, Chandler, Condotta, Crouse, Dahlquist, DeBolt, Fagan, Haler, Hargrove, Harris, Hasegawa, Hope, Hurst, Johnson, Kretz, McCune, Orcutt, Overstreet, Parker, Probst, Rivers, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor and Wilcox.

 

ENGROSSED SUBSTITUTE SENATE BILL NO. 6445, having received the necessary constitutional majority, was declared passed.

 

THIRD READING

 

RECONSIDERATION

 

There being no objection, the House reconsidered the vote by which SUBSTITUTE SENATE BILL NO. 6414 passed the House.

 

      There being no objection the rules were suspended and SUBSTITUTE SENATE BILL NO. 6414 was returned to second reading for the purpose of amendment.

 

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

 

SECOND READING

 

      SUBSTITUTE SENATE BILL NO. 6414, by Senate Committee on Energy, Natural Resources & Marine Waters (originally sponsored by Senator Ranker)

 

      Authorizing advisory opinions regarding whether an electric generation project or conservation resource qualifies to meet a target under RCW 19.285.040. Revised for 1st Substitute: Creating a review process to determine whether a proposed electric generation project or conservation resource qualifies to meet a target under RCW 19.285.040.

 

      The bill was read the second time.

 

Representative Morris moved the adoption of amendment (1261).

 

0)       On page 1, line 10, after "resource, the" strike "Washington State University extension energy program" and insert "department"

      On page 1, at the beginning of line 15, strike "Washington State University extension energy program" and insert "department"

      On page 1, beginning on line 18, after "department;" strike all material through "(c)" on line 19 and insert "and (b)"

      On page 2, beginning on line 1, after "utility.  The" strike "Washington State University extension energy program" and insert "department"

      On page 2, beginning on line 8, after "from the" strike "Washington State University extension energy program" and insert "department"

      On page 2, beginning on line 11, after "application, the" strike "Washington State University extension energy program" and insert "director of the department"

      On page 2, line 25, after "(3) The" strike "Washington State University extension energy program" and insert "department"

      On page 2, line 31, after "(5) The" strike "Washington State University extension energy program" and insert "department"

 

Representatives Morris, Short and Upthegrove spoke in favor of the adoption of the amendment.

 

Amendment (1261) was adopted.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

 

      Representatives Upthegrove, Short and Fitzgibbon spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6414, on reconsideration as amended by the House.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6414, on reconsideration as amended by the House, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

 

SUBSTITUTE SENATE BILL NO. 6414, on reconsideration as amended by the House, having received the necessary constitutional majority, was declared passed.

 

SPEAKER’S PRIVILEGE

 

The Speaker (Representative Moeller presiding) Speakers Privilege: “The Speaker would like to take a moment of personal privilege and ask for what purpose does the lady from the 36th district wear a tiara?”

 

Representative Dickerson: “Thank you Mr. Speaker because I’m just naturally glamorous.”

 

Mr. Speaker: “There is no way I can respond to that. Obviously that is true.”

 

MESSAGES FROM THE SENATE

 

February 29, 2012

 

MR. SPEAKER:

 

The President has signed:

SUBSTITUTE SENATE BILL NO. 5984

and the same are herewith transmitted.

Thomas Hoemann, Secretary

 

February 29, 2012

 

MR. SPEAKER:

 

The President has signed:

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5292

ENGROSSED SUBSTITUTE SENATE BILL NO. 5575

SUBSTITUTE SENATE BILL NO. 5631

SENATE BILL NO. 6133

SENATE BILL NO. 6157

SENATE BILL NO. 6175

SUBSTITUTE SENATE BILL NO. 6187

ENGROSSED SENATE BILL NO. 6296

SENATE BILL NO. 6385

SUBSTITUTE SENATE BILL NO. 6423

SENATE BILL NO. 6465

SUBSTITUTE SENATE BILL NO. 6472

and the same are herewith transmitted.

Thomas Hoemann, Secretary

 

February 29, 2012

 

MR. SPEAKER:

 

The Senate has passed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2223

HOUSE BILL NO. 2293

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2341

SUBSTITUTE HOUSE BILL NO. 2389

HOUSE BILL NO. 2456

SUBSTITUTE HOUSE BILL NO. 2541

and the same are herewith transmitted.

Thomas Hoemann, Secretary

The Speaker assumed the chair.

 

SIGNED BY THE SPEAKER

 

The Speaker signed the following bills:

 

SENATE BILL NO. 6172

SENATE BILL NO. 6175

SENATE BILL NO. 6187

ENGROSSED SUBSTITUTE SENATE BILL NO. 6251

ENGROSSED SUBSTITUTE SENATE BILL NO. 6252

SUBSTITUTE SENATE BILL NO. 6258

SENATE BILL NO. 6289

SUBSTITUTE SENATE BILL NO. 6295

ENGROSSED SENATE BILL NO. 6296

SUBSTITUTE SENATE BILL NO. 6315

SENATE BILL NO. 6385

SUBSTITUTE SENATE BILL NO. 6423

SENATE BILL NO. 6465

SUBSTITUTE SENATE BILL NO. 6472

SENATE BILL NO. 6566

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8016

SUBSTITUTE SENATE BILL NO. 5984

SUBSTITUTE HOUSE BILL NO. 1194

HOUSE BILL NO. 1381

SECOND SUBSTITUTE HOUSE BILL NO. 1652

SUBSTITUTE HOUSE BILL NO. 2181

SUBSTITUTE HOUSE BILL NO. 2352

HOUSE BILL NO. 2362

SUBSTITUTE HOUSE BILL NO. 2367

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2384

HOUSE BILL NO. 2393

HOUSE BILL NO. 2440

HOUSE BILL NO. 2651

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2664

HOUSE BILL NO. 2705

SUBSTITUTE HOUSE BILL NO. 2757

HOUSE BILL NO. 2758

SUBSTITUTE HOUSE BILL NO. 1073

HOUSE BILL NO. 1486

SUBSTITUTE HOUSE BILL NO. 2056

HOUSE BILL NO. 2138

ENGROSSED HOUSE BILL NO. 2186

HOUSE BILL NO. 2213

HOUSE BILL NO. 2244

HOUSE BILL NO. 2247

SUBSTITUTE HOUSE BILL NO. 2255

HOUSE BILL NO. 2274

HOUSE BILL NO. 2304

HOUSE BILL NO. 2306

HOUSE BILL NO. 2356

SUBSTITUTE HOUSE BILL NO. 2422

HOUSE BILL NO. 2653

HOUSE CONCURRENT RESOLUTION NO. 4410

SENATE BILL NO. 5259

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5292

ENGROSSED SUBSTITUTE SENATE BILL NO. 5575

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5620

SUBSTITUTE SENATE BILL NO. 5627

SUBSTITUTE SENATE BILL NO. 5631

SENATE BILL NO. 5913

SUBSTITUTE SENATE BILL NO. 6005

SENATE BILL NO. 6030

SUBSTITUTE SENATE BILL NO. 6100

SENATE BILL NO. 6108

SUBSTITUTE SENATE BILL NO. 6121

SENATE BILL NO. 6133

ENGROSSED SENATE BILL NO. 6141

SENATE BILL NO. 6157

 

The Speaker called upon Representative Moeller to preside.

 

THIRD READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2127, by House Committee on Ways & Means (originally sponsored by Representative Hunter).

 

Making 2011-2013 fiscal biennium supplemental operating appropriations.

 

The bill was read the third time.

 

      Representatives Hunter, Darneille and Sullivan spoke in favor of the passage of the bill.

 

      Representatives Alexander, Ross, Schmick, Bailey, Dammeier and Dahlquist spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2127.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2127, and the bill passed the House by the following vote:  Yeas, 53; Nays, 45; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Billig, Blake, Carlyle, Clibborn, Cody, Darneille, Dickerson, Dunshee, Fitzgibbon, Goodman, Green, Haigh, Hansen, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jinkins, Kagi, Kelley, Kenney, Kirby, Ladenburg, Liias, Lytton, Maxwell, McCoy, Moeller, Morris, Moscoso, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Roberts, Ryu, Santos, Seaquist, Sells, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Wylie and Mr. Speaker.

      Voting nay: Representatives Ahern, Alexander, Anderson, Angel, Armstrong, Asay, Bailey, Buys, Chandler, Condotta, Crouse, Dahlquist, Dammeier, DeBolt, Eddy, Fagan, Finn, Haler, Hargrove, Harris, Hinkle, Hope, Johnson, Klippert, Kretz, Kristiansen, McCune, Miloscia, Nealey, Orcutt, Overstreet, Parker, Pearson, Rivers, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh, Warnick, Wilcox and Zeiger.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2127, having received the necessary constitutional majority, was declared passed.

 

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

 

SECOND READING

 

MESSAGE FROM THE SENATE

February 29, 2012

 

MR. SPEAKER:

 

The Senate has passed:

SUBSTITUTE HOUSE BILL NO. 2188

SUBSTITUTE HOUSE BILL NO. 2259

SUBSTITUTE HOUSE BILL NO. 2354

SUBSTITUTE HOUSE BILL NO. 2492

SUBSTITUTE HOUSE BILL NO. 2574

SUBSTITUTE HOUSE BILL NO. 2657

and the same are herewith transmitted.

Thomas Hoemann, Secretary

 

There being no objection, House Rule 13 (C) was suspended allowing the House to work past 10:00 p.m.

 

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5895, by Senate Committee on Ways & Means (originally sponsored by Senator Murray)

 

      Relating to education. Revised for 1st Substitute: Regarding certificated employee evaluations.

 

      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 Santos, Dammeier, Lytton, Maxwell, Armstrong and Walsh spoke in favor of the passage of the bill.

 

      Representative Hunt spoke against the passage of the bill.

 

COLLOQUY

 

Representative Santos: “Section 1, Subsection (4)(c) of this bill explicitly requires that a school district implement discharge notification procedures when a continuing contract employee with 5 or more years of experience receives and evaluation rating below Level 2 for two consecutive years. Is it the intent of this requirement that an evaluation rating below Level 2 for two consecutive years constitutes sufficient cause for discharge of a continuing contract employee with 5 or more years of experience?”

 

Representative Dammeier: “Yes, that is the intent. Current statutes and case law require a school district to determine that there is sufficient cause for an employee with a continuing contract to be discharged from employment. Notification procedures and other due process are specified in law to deal with this circumstance. This bill establishes a new and specific performance criteria for initiating these notification procedures in the case of an employee with 5 or more years of experience. The school district has no discretion in this matter: the notification must be initiated within 10 days of the second evaluation or by May 15, whichever occurs first. It is the intent of this bill that an evaluation rating of below Level 2 for two consecutive years constitutes sufficient cause for discharge of a continuing contract employee with 5 or more years of experience.”

Representative Santos: “Is it also the intent of this bill to permit termination of an unsatisfactory teacher without first providing him or her with an opportunity to improve during the probationary period specified in the underlying statue?”

 

Representative Dammeier: “No, that is not the intent. Teachers still retain the right to show improvement through the probationary process in statute prior to the implementation of discharge notification procedures.”

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5895.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5895, and the bill passed the House by the following vote: Yeas, 82; Nays, 16; Absent, 0; Excused, 0.

      Voting yea: Representatives Alexander, Anderson, Angel, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Eddy, Fagan, Finn, Fitzgibbon, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hinkle, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Klippert, Kretz, Kristiansen, Ladenburg, Lytton, Maxwell, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Sullivan, Takko, Taylor, Tharinger, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

      Voting nay: Representatives Ahern, Appleton, Dunshee, Goodman, Hasegawa, Hope, Hudgins, Hunt, Kirby, Liias, McCoy, Ormsby, Orwall, Ryu, Upthegrove and Van De Wege.

 

ENGROSSED SUBSTITUTE SENATE BILL NO. 5895, having received the necessary constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

I intended to vote YEA on Engrossed Substitute Senate Bill No. 5895.

Representative Ahern, 6th District

 

SECOND READING

 

      SUBSTITUTE SENATE BILL NO. 6038, by Senate Committee on Early Learning & K-12 Education (originally sponsored by Senators Delvin and McAuliffe)

 

      Excluding permanent school building space used for STEM schools from eligibility determinations for state school plant funding assistance. Revised for 1st Substitute: Requiring rules to address school construction assistance for schools in shared or colocated facilities.

 

      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 Santos and Warnick spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6038.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute Senate Bill No. 6038, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

 

SUBSTITUTE SENATE BILL NO. 6038, having received the necessary constitutional majority, was declared passed.

 

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6383, by Senate Committee on Government Operations, Tribal Relations & Elections (originally sponsored by Senators Benton, Eide, Schoesler, Kohl-Welles, Chase, Padden, Stevens, Hobbs, Pflug, Hargrove, Harper, McAuliffe, Prentice, Shin, Fraser, Fain, Hill, Baumgartner, Nelson, Swecker, Holmquist Newbry, Kline, Hatfield, Becker, Conway, Hewitt, King, Parlette, Ranker, Litzow, Zarelli, Ericksen, Morton and Honeyford)

 

      Regarding Washington interscholastic activities association penalties.

 

      The bill was read the second time.

 

With the consent of the house, amendment (1239) was withdrawn.

 

Representative Hunt moved the adoption of amendment (1245).

 

0)       On page 40, after line 25, insert the following:

"(7) It is the intent of the legislature to appropriate funding to the Washington State ferries division in the 2013-15 biennium at a level sufficient to maintain current ferry routes and schedules at existing levels.  The Washington State ferries division must conduct any public outreach consistent with the policy direction provided in this subsection to maintain current ferry routes and schedules at existing levels."

Renumber the remaining subsections consecutively and correct any internal references accordingly.

 

Representatives Hunt and Klippert spoke in favor of the adoption of the amendment.

 

Amendment (1245) was adopted.

 

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

 

      Representatives Santos, Dahlquist and Orcutt spoke in favor of the passage of the bill.

 

      Representative Anderson spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6383 as amended by the Hosue.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6383, and the bill passed the House by the following vote: Yeas, 67; Nays, 31; Absent, 0; Excused, 0.

Voting yea: Representatives Alexander, Angel, Appleton, Asay, Bailey, Billig, Carlyle, Clibborn, Cody, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Hansen, Harris, Hasegawa, Hinkle, Hudgins, Hunt, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Kretz, Kristiansen, Ladenburg, McCoy, Miloscia, Moeller, Nealey, Orcutt, Orwall, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Rivers, Roberts, Ross, Ryu, Santos, Schmick, Seaquist, Short, Smith, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Warnick, Wilcox and Mr. Speaker.

Voting nay: Representatives Ahern, Anderson, Armstrong, Blake, Buys, Chandler, Condotta, Crouse, Dunshee, Eddy, Haler, Hargrove, Hope, Hunter, Klippert, Liias, Lytton, Maxwell, McCune, Morris, Moscoso, Ormsby, Overstreet, Reykdal, Rodne, Sells, Shea, Taylor, Walsh, Wylie and Zeiger.

 

ENGROSSED SUBSTITUTE SENATE BILL NO. 6383, having received the necessary constitutional majority, was declared passed.

 

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

 

There being no objection, the Committee on Rules was relieved of the following bills and the bills were placed on the second reading calendar:

 

SUBSTITUTE SENATE BILL NO. 5246

SENATE BILL NO. 5365

SUBSTITUTE SENATE BILL NO. 5982

SUBSTITUTE SENATE BILL NO. 6002

SUBSTITUTE SENATE BILL NO. 6041

SENATE BILL NO. 6059

SENATE BILL NO. 6098

SUBSTITUTE SENATE BILL NO. 6112

SUBSTITUTE SENATE BILL NO. 6116

SUBSTITUTE SENATE BILL NO. 6135

ENGROSSED SENATE BILL NO. 6155

ENGROSSED SENATE BILL NO. 6215

SUBSTITUTE SENATE BILL NO. 6240

SENATE BILL NO. 5714

ENGROSSED SENATE BILL NO. 6254

ENGROSSED SENATE BILL NO. 6255

SECOND SUBSTITUTE SENATE BILL NO. 6263

SENATE BILL NO. 6290

SUBSTITUTE SENATE BILL NO. 6354

SUBSTITUTE SENATE BILL NO. 6359

SUBSTITUTE SENATE BILL NO. 6371

ENGROSSED SUBSTITUTE SENATE BILL NO. 6470

ENGROSSED SUBSTITUTE SENATE BILL NO. 6555

SUBSTITUTE SENATE BILL NO. 6574

 

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

 

There being no objection, the House adjourned until 1:30 p.m., March 1, 2012, the 53rd Day of the Regular Session.

 

FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk


1073-S

Speaker Signed................................................................................... 13

1194

Speaker Signed................................................................................... 13

1381

Speaker Signed................................................................................... 13

1486

Speaker Signed................................................................................... 13

1652-S2

Speaker Signed................................................................................... 13

1820

Second Reading.................................................................................... 7

1820-S

Second Reading.................................................................................... 7

Amendment Offered............................................................................. 7

Third Reading Final Passage................................................................ 8

2056-S

Speaker Signed................................................................................... 13

2127-S

Third Reading..................................................................................... 13

Third Reading Final Passage.............................................................. 13

2138

Speaker Signed................................................................................... 13

2181-S

Speaker Signed................................................................................... 13

Messages.............................................................................................. 2

2186

Speaker Signed................................................................................... 13

2188-S

Messages............................................................................................ 13

2213

Speaker Signed................................................................................... 13

2223-S

Messages............................................................................................ 12

2244

Speaker Signed................................................................................... 13

2247

Speaker Signed................................................................................... 13

2255-S

Speaker Signed................................................................................... 13

2259-S

Messages............................................................................................ 13

2274

Speaker Signed................................................................................... 13

2293

Messages............................................................................................ 12

2304

Speaker Signed................................................................................... 13

2306

Speaker Signed................................................................................... 13

2341-S

Messages............................................................................................ 12

2352-S

Speaker Signed................................................................................... 13

Messages.............................................................................................. 2

2354-S

Messages............................................................................................ 13

2356

Speaker Signed................................................................................... 13

2362

Speaker Signed................................................................................... 13

2367-S

Speaker Signed................................................................................... 13

2384-S

Speaker Signed................................................................................... 13

Messages.............................................................................................. 2

2389-S

Messages............................................................................................ 12

2393

Speaker Signed................................................................................... 13

Messages.............................................................................................. 2

2422-S

Speaker Signed................................................................................... 13

2440

Speaker Signed................................................................................... 13

2456

Messages............................................................................................ 12

2492-S

Messages............................................................................................ 13

2541-S

Messages............................................................................................ 12

2574-S

Messages............................................................................................ 13

2651

Speaker Signed................................................................................... 13

Messages.............................................................................................. 2

2653

Speaker Signed................................................................................... 13

2657-S

Messages............................................................................................ 13

2664-S

Speaker Signed................................................................................... 13

Messages.............................................................................................. 2

2705

Speaker Signed................................................................................... 13

2757-S

Speaker Signed................................................................................... 13

2758

Speaker Signed................................................................................... 13

2814

Second Reading.................................................................................... 2

Amendment Offered............................................................................. 2

Third Reading Final Passage................................................................ 3

4410

Speaker Signed................................................................................... 13

4681

Introduced............................................................................................ 1

Adopted................................................................................................ 1

5246-S

Other Action....................................................................................... 15

5259

Speaker Signed................................................................................... 13

5292-S2

Speaker Signed................................................................................... 13

Messages............................................................................................ 12

5365

Other Action....................................................................................... 15

5381-S

Second Reading.................................................................................... 3

Third Reading Final Passage................................................................ 3

5412-S

Second Reading.................................................................................... 5

Third Reading Final Passage................................................................ 6

5575-S

Speaker Signed................................................................................... 13

Messages............................................................................................ 12

5620-S2

Speaker Signed................................................................................... 13

5627-S

Speaker Signed................................................................................... 13

5631-S

Speaker Signed................................................................................... 13

Messages............................................................................................ 12

5714

Other Action....................................................................................... 15

5895

Colloquy............................................................................................. 14

5895-S

Second Reading.................................................................................. 14

Third Reading Final Passage.............................................................. 14

5913

Speaker Signed................................................................................... 13

5966-S

Second Reading.................................................................................... 3

Third Reading Final Passage................................................................ 4

5982-S

Other Action....................................................................................... 15

5984-S

Second Reading.................................................................................... 4

Amendment Offered............................................................................. 4

Third Reading Final Passage................................................................ 5

Speaker Signed................................................................................... 13

Messages............................................................................................ 12

6002-S

Other Action....................................................................................... 15

6005-S

Speaker Signed................................................................................... 13

6030

Speaker Signed................................................................................... 13

6038-S

Second Reading.................................................................................. 14

Third Reading Final Passage.............................................................. 15

6041-S

Other Action....................................................................................... 15

6044-S

Second Reading.................................................................................... 2

Amendment Offered............................................................................. 2

Third Reading Final Passage................................................................ 2

6059

Other Action....................................................................................... 15

6095

Second Reading.................................................................................... 4

Third Reading Final Passage................................................................ 4

6098

Other Action....................................................................................... 15

6100-S

Speaker Signed................................................................................... 13

6108

Speaker Signed................................................................................... 13

6112-S

Other Action....................................................................................... 15

6116-S

Other Action....................................................................................... 15

6121-S

Speaker Signed................................................................................... 13

6131

Second Reading.................................................................................... 8

Third Reading Final Passage................................................................ 8

6133

Speaker Signed................................................................................... 13

Messages............................................................................................ 12

6135-S

Other Action....................................................................................... 15

6141

Speaker Signed................................................................................... 13

6155

Other Action....................................................................................... 15

6157

Speaker Signed................................................................................... 13

Messages............................................................................................ 12

6172

Speaker Signed................................................................................... 12

6175

Speaker Signed................................................................................... 13

Messages............................................................................................ 12

6187

Speaker Signed................................................................................... 13

6187-S

Messages............................................................................................ 12

6215

Other Action....................................................................................... 15

6226-S

Second Reading.................................................................................... 9

Third Reading Final Passage................................................................ 9

6237-S

Second Reading.................................................................................... 9

Third Reading Final Passage................................................................ 9

6240-S

Other Action....................................................................................... 15

6251-S

Speaker Signed................................................................................... 13

6252-S

Speaker Signed................................................................................... 13

6254

Other Action....................................................................................... 15

6255

Other Action....................................................................................... 15

6258-S

Speaker Signed................................................................................... 13

6263-S2

Other Action....................................................................................... 15

6289

Speaker Signed................................................................................... 13

6290

Other Action....................................................................................... 15

6295-S

Speaker Signed................................................................................... 13

6296

Speaker Signed................................................................................... 13

Messages............................................................................................ 12

6315-S

Speaker Signed................................................................................... 13

6354-S

Other Action....................................................................................... 15

6359-S

Other Action....................................................................................... 15

6371-S

Other Action....................................................................................... 15

6383-S

Second Reading.................................................................................. 15

Amendment Offered........................................................................... 15

Third Reading Final Passage.............................................................. 15

6384-S

Second Reading.................................................................................... 9

Third Reading Final Passage.............................................................. 10

Colloquy............................................................................................... 9

6385

Speaker Signed................................................................................... 13

Messages............................................................................................ 12

6387-S

Second Reading.................................................................................. 10

Third Reading Final Passage.............................................................. 10

6414

Other Action....................................................................................... 11

6414-S

Second Reading.................................................................................. 11

Amendment Offered........................................................................... 12

Third Reading Final Passage.............................................................. 12

6421-S

Second Reading.................................................................................... 6

Third Reading Final Passage................................................................ 6

6423-S

Speaker Signed................................................................................... 13

Messages............................................................................................ 12

6445-S

Second Reading.................................................................................. 11

Amendment Offered........................................................................... 11

Third Reading Final Passage.............................................................. 11

6465

Speaker Signed................................................................................... 13

Messages............................................................................................ 12

6470-S

Other Action....................................................................................... 15

6472-S

Speaker Signed................................................................................... 13

Messages............................................................................................ 12

6486-S

Second Reading.................................................................................. 10

Third Reading Final Passage.............................................................. 11

6508-S

Second Reading.................................................................................... 6

Amendment Offered............................................................................. 6

Third Reading Final Passage................................................................ 7

6555-S

Other Action....................................................................................... 15

6566

Speaker Signed................................................................................... 13

6574-S

Other Action....................................................................................... 15

8016-S

Speaker Signed................................................................................... 13

HOUSE OF REPRESENTATIVES (Representative Moeller presiding)

Point of Parliamentary Inquiry   Representative Green................... 3, 5

Speaker’s Ruling Scope 2814 (1238)................................................... 3

Speaker’s Ruling Scope and object 5984 (1190) Point well taken...... 5

Statement for the Journal   Representative Ahern.............................. 14

Statement for the Journal   Representative Dahlquist.......................... 3

Statement for the Journal   Representative DeBolt.............................. 4

Statement for the Journal   Representative Eddy................................. 7

Statement for the Journal   Representative Rivers............................. 10

SPEAKER OF THE HOUSE (Representative Moeller presiding)

Speaker’s Privilege......................................................................... 1, 12