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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION
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THIRTY SIXTH DAY
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House Chamber, Olympia, Monday, February 16, 2004
The House was called to order at 10:00 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Susie DeBord and Brian Miloscia. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Pastor John Stroeh, The Lutheran Church of the Good Shepherd, Olympia.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
RESOLUTIONS
HOUSE RESOLUTION NO. 2004-4697, By Representative Upthegrove
WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and
WHEREAS, The year 2004 marks the two hundred fifth anniversary of the death of America's Founding Father, George Washington; and
WHEREAS, George Washington's success in life was built upon the values instilled in him by his mother, Mary Ball Washington, who educated him at home; and
WHEREAS, George Washington is remembered as the "Father of His Country" and served his nation as its first Commander-in-Chief and President with unparalleled commitment and distinction; and
WHEREAS, George Washington showed great fortitude and courage as Commander-in-Chief of the Continental Army during the Revolutionary war and continued his distinguished service to his country as its first President; and
WHEREAS, The year 2004 marks the one hundred ninety-fifth anniversary of the birth of Abraham Lincoln; and
WHEREAS, Abraham Lincoln, of humble beginnings, being raised in a log cabin, cleared land and split rails, and although he gained the distinction of being a great statesman with impeccable morals, never lost sight of his humble beginnings or the values he shared with the common man; and
WHEREAS, Abraham Lincoln demonstrated great tenacity and commitment by educating himself in the profession of law and following an apprenticeship, earned the reputation of a skilled and talented member of the bar as well as an eloquent and accomplished orator; and
WHEREAS, Abraham Lincoln in his first term courageously faced the challenge of preserving the Union by leading the campaign to victory in the Civil War, yet in his second term embraced the concept of "Malice toward none, with charity for all" as he valiantly set about rebuilding the Union; and
WHEREAS, George Washington and Abraham Lincoln both served their country unselfishly, charitably, graciously, patriotically, and honorably and continue to be both an inspiration and example to all politicians and citizens;
NOW, THEREFORE, BE IT RESOLVED, That on this sixteenth day of February, 2004, the House of Representatives of the state of Washington honor the first and sixteenth Presidents of these United States for their immeasurable contributions to, and noble sacrifices for, the cause of liberty, equality, and justice.
Representative Upthegrove moved the adoption of the resolution.
Representatives Upthegrove and Rodne spoke in favor of the adoption of the resolution.
HOUSE RESOLUTION NO. 4697 was adopted.
HOUSE RESOLUTION NO. 2004-4694, By Representatives Kagi and Cody
WHEREAS, Amblyopia, which has its onset in childhood, is the most common cause of unilateral vision loss in adults; and
WHEREAS, Amblyopia affects 2 to 4% of people, or an estimated 160,000 people in Washington State; and
WHEREAS, Amblyopia is potentially reversible damage in the vision center of the brain resulting in vision loss which is caused most commonly by uncorrected refractive (focusing) errors and eye misalignment in childhood; and
WHEREAS, Early detection and treatment of amblyopia can restore normal vision; and
WHEREAS, Treatment to correct the visual loss in amblyopia must occur prior to 8 to 10 years of age; and
WHEREAS, Detection and treatment of amblyopia in preschool children improves visual outcomes as compared to detection at older ages; and
WHEREAS, Amblyopia can be detected by screening or examination in preschool children; and
WHEREAS, Therapy for amblyopia is highly cost-effective compared with many other interventions in health care; and
WHEREAS, There is strong consensus among eye care and primary care providers, including the American Academy of Pediatrics, the American Academy of Family Practice, the American Academy of Optometry, the American Academy of Ophthalmology, the American Optometric Association, and the American Association for Pediatric Ophthalmology and Strabismus, regarding the importance of screening for amblyopia during preschool years; and
WHEREAS, Reducing visual impairment in children and increasing the proportion of preschool children who receive vision screening are specific objectives of the current administration's national public health initiative, Healthy People 2010;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives commend parents in Washington state who have their children screened or examined for amblyopia and vision abnormalities before entering school; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Washington Academy of Pediatrics, the Washington Academy of Family Practice, The Optometric Physicians of Washington, the Washington Academy of Eye Physicians and Surgeons, the Washington State Medical Association, the American Academy of Pediatrics, the American Academy of Family Practice, the American Academy of Optometry, the American Academy of Ophthalmology, the American Optometric Association, and the American Association for Pediatric Ophthalmology and Strabismus.
HOUSE RESOLUTION NO. 4694 was adopted.
HOUSE RESOLUTION NO. 2004-4695, By Representatives Flannigan and Darneille
WHEREAS, Pierson Clair, a Tacoma resident and student at Bellarmine Preparatory School, achieved national recognition for exemplary volunteer service in receiving the 2004 Prudential Spirit of Community Award; and
WHEREAS, This prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who demonstrated an extraordinary commitment to serving their communities; and
WHEREAS, Mr. Clair received the award for his remarkable leadership skills in founding a chapter of Habitat for Humanity at his school in 2002, and has since led a group of fellow students in helping to build three houses for low-income families; and
WHEREAS, Mr. Clair's motto, "I am just one human being with one hammer working to make a difference," is inspiring future students to pick up a hammer and become involved in their own communities; and
WHEREAS, The success of the State of Washington, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Mr. Clair who use their considerable talents and resources to serve others;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives congratulate Mr. Clair as a recipient of a Prudential Spirit of Community Award and recognize his outstanding record of volunteer service, peer leadership, and community spirit; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Mr. Clair.
HOUSE RESOLUTION NO. 4695 was adopted.
HOUSE RESOLUTION NO. 2004-4696, By Representatives Hunt, Ormsby, Hatfield, Cox, Wood, Newhouse, Schoesler, Jarrett and Blake
WHEREAS, The Washington State University Cougar football team finished the 2003 season ranked ninth in the nation; and
WHEREAS, The Cougars became the first Pacific-10 Conference team since 1931-1933 to win 10 games in three consecutive seasons, giving them a 30-8 record during that period; and
WHEREAS, During the past three years, the team has the ninth best winning record, 30-8, among major college football teams; and
WHEREAS, WSU defeated the fifth-ranked Texas Longhorns 28-20 in the 2003 Holiday Bowl with punter Kyle Basler winning defensive MVP and receiver Sammy Moore winning offensive MVP honors; and
WHEREAS, Seventeen Cougar players were named to the All-Pac 10 team, including first team members Josh Parrish, Will Derting, Jason David, Erik Coleman, and Drew Dunning; and
WHEREAS, WSU Head Coach Bill Doba was named Co-coach of the Year in the prestigious Pacific-10 Conference; and
WHEREAS, Kicker Drew Dunning, who became WSU's all-time leading scorer, was named a first team All-American; and
WHEREAS, Six Cougar players with grade point averages of 3.45 and higher were named to the Pac-10 All-Academic First Team; and
WHEREAS, The WSU team finished in second place in the Pac-10 in 2003, giving it third place, first place, and second place finishes for 2001, 2002, and 2003; and
WHEREAS, The team led the nation in takeaways with 48; its 24 fumble recoveries led the nation and its 24 interceptions were second; and
WHEREAS, Cougar players Erik Coleman, Jason David, D.D. Ancholonu, Isaac Brown, Matt Kegel, Sammy Moore, Josh Parrish, Jeremey Williams, and Drew Dunning were selected to play in postseason all star games;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives congratulate the Washington State Cougar football players and coaches on their third consecutive outstanding season; and
BE IT FURTHER RESOLVED, That copies of this resolution be sent to Washington State University President V. Lane Rawlins, head coach Bill Doba, and captains of the team.
HOUSE RESOLUTION NO. 4696 was adopted.
INTRODUCTION & FIRST READING
HJM 4046 by Representatives Roach, Shabro, McDonald, Bush, Lantz, Carrell, Kirby, Flannigan, Campbell, Darneille, Morrell, Conway, McMahan and Talcott
Requesting funding for fish passage needs on the White River.
Referred to Committee on Fisheries, Ecology & Parks.
ESSB 6519 by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Benton, Prentice, Winsley and Kline)
AN ACT Relating to third party utility billings; and adding a new chapter to Title 59 RCW.
Referred to Committee on Technology, Telecommunications & Energy.
ESSB 6680 by Senate Committee on Highways & Transportation (originally sponsored by Senators Horn, Haugen, Esser, Spanel, Swecker, Oke, Prentice and Shin)
AN ACT Relating to freight mobility; amending RCW 47.26.084 and 47.66.030; reenacting and amending RCW 43.84.092 and 43.84.092; adding new sections to chapter 47.26 RCW; adding a new section to chapter 46.68 RCW; creating a new section; providing effective dates; and providing an expiration date.
Referred to Committee on Transportation.
There being no objection, the bills and memorial listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.
There being no objection, the House advanced to the sixth order of business.
SECOND READING SUSPENSION
HOUSE BILL NO. 1976, By Representatives Conway, Pettigrew, Talcott, Mielke, McCoy, Bush and Haigh
Providing a property tax exemption to widows or widowers of honorably discharged veterans.
The bill was read the second time.
There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 1976 was read the second time.
The bill was placed on final passage.
Representatives Conway and Cairnes spoke in favor of passage of the bill.
MOTIONS
On motion of Representative Santos, Representatives Edwards, Haigh and Schual-Berke were excused. On motion of Representative Clements, Representative Mielke were excused.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1976.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1976 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.
Excused: Representatives Edwards, Haigh, Mielke and Schual-Berke - 4.
SUBSTITUTE HOUSE BILL NO. 1976, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2507, By Representatives Conway, Bush, Morrell, Campbell, Chase and Moeller
Providing for the recoupment of county and city employee salary and wage overpayments.
The bill was read the second time.
There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 2507 was read the second time.
The bill was placed on final passage.
Representatives Wood and Condotta spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2507.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2507 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.
Excused: Representatives Edwards, Haigh, and Mielke - 3.
SUBSTITUTE HOUSE BILL NO. 2507, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3057, By Representatives Conway, Wood, McCoy, Kenney, Condotta and Chase; by request of Department of Labor & Industries
Conforming the social security offset provisions of Title 51 RCW to the modified federal social security retirement age and continuing to allow the state to implement an offset otherwise imposed by the federal government.
The bill was read the second time.
There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 3057 was read the second time.
The bill was placed on final passage.
Representatives Conway and Condotta spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 3057.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3057 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.
Excused: Representatives Edwards, Haigh, and Mielke - 3.
SUBSTITUTE HOUSE BILL NO. 3057, having received the necessary constitutional majority, was declared passed.
SECOND READING
HOUSE BILL NO. 2870, By Representatives Romero, Murray, Edwards, Wood, Upthegrove and Santos
Making available relocation assistance payments to low-income tenants.
The bill was read the second time. There being no objection, SUBSTITUTE HOUSE BILL NO. 2870 was not substituted for House Bill No. 2870.
With the consent of the House, amendments (974), (795), (796), (819), (857) and (858) were withdrawn.
Representative Romero moved adoption of amendment (876):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The people of the state of Washington deserve decent, safe, and sanitary housing. Certain tenants in the state of Washington have remained in rental housing that does not meet the state's minimum standards for health and safety because they cannot afford to pay the costs of relocation in advance of occupying new, safe, and habitable housing. In egregious cases, authorities have been forced to condemn property when landlords have failed to remedy building code or health code violations after repeated notice, and, as a result, families with limited financial resources have been displaced and left with nowhere to go.
The purpose of this act is to establish a process, consistent throughout the state, by which low-income tenants would receive funds for relocation from landlords who fail to provide safe and sanitary housing after due notice of building code or health code violations. It is also the purpose of this act to provide enforcement mechanisms to cities, towns, counties, or municipal corporations including the ability to advance relocation funds to tenants who are displaced as a result of a landlord's failure to remedy building code or health code violations and later to collect the full amounts of these relocation funds, along with interest and penalties, from landlords.
Sec. 2. RCW 59.18.085 and 1989 c 342 s 13 are each amended to read as follows:
(1) If a governmental agency responsible for the enforcement of a building, housing, or other appropriate code has notified the landlord that a dwelling is condemned or unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord shall not enter into a rental agreement for the dwelling unit until the conditions are corrected.
(2) If a landlord knowingly violates subsection (1) of this section, the tenant shall recover either three months' periodic rent or up to treble the actual damages sustained as a result of the violation, whichever is greater, costs of suit, or arbitration and reasonable attorneys' fees. If the tenant elects to terminate the tenancy as a result of the conditions leading to the posting, or if the appropriate governmental agency requires that the tenant vacate the premises, the tenant also shall recover:
(a) The entire amount of any deposit prepaid by the tenant; and
(b) All prepaid rent.
(3) If a governmental agency responsible for the enforcement of a building, housing, or other appropriate code has notified the landlord that a dwelling will be condemned or will be unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord shall be required to pay relocation assistance to the displaced low-income tenants, except that a landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which the condemnation or no occupancy order affects one or more units and results from conditions arising from a tenant's illegal conduct without the landlord's knowledge.
(a) Relocation assistance provided to low-income tenants under this subsection shall be the greater amount of two thousand dollars per dwelling unit or three times the monthly rent. The amount of relocation assistance shall be adjusted annually by the percentage change in the housing component of the consumer price index as published by the United States department of labor, bureau of labor statistics. In addition to relocation assistance, the landlord shall be required to pay to the displaced tenants the entire amount of any deposit prepaid by the tenant and all prepaid rent.
(b) "Low-income tenants" means tenants whose combined total income per dwelling unit is at or below fifty percent of the median income, adjusted for family size, in the county where the tenants reside.
The department of community, trade, and economic development shall adopt rules defining county median income in accordance with the definitions promulgated by the federal department of housing and urban development.
(c) The landlord shall pay relocation assistance to eligible tenants within seven days of the governmental agency sending notice of the condemnation, eviction, or displacement order to the landlord. The landlord shall pay relocation assistance either by making individual payments by certified check to eligible tenants or by providing a certified check to the governmental agency ordering condemnation, eviction, or displacement, for distribution to tenants. If the landlord fails to complete payment of relocation assistance within the period required under this subsection, the city, town, county, or municipal corporation may advance the cost of the relocation assistance payments to the eligible tenants.
(d) During the period from the date that a governmental agency responsible for the enforcement of a building, housing, or other appropriate code first notifies the landlord of conditions that violate applicable codes, statutes, ordinances, or regulations to the time that relocation assistance payments are paid to eligible tenants, or the conditions leading to the notification are corrected, the landlord may not:
(i) Evict, harass, or intimidate tenants into vacating their units for the purpose of avoiding or diminishing application of this section;
(ii) Reduce services to any tenant; or
(iii) Materially increase or change the obligations of any tenant.
(e) If, after thirty days from the date that the city, town, county, or municipal corporation first advanced relocation assistance funds to the displaced tenants, a landlord has failed to repay the amount of relocation assistance advanced by the city, town, county, or municipal corporation under this section, then the city, town, county, or municipal corporation shall assess civil penalties in the amount of fifty dollars per day for each tenant to whom the city, town, county, or municipal corporation has advanced a relocation assistance payment.
(f) In addition to the penalties set forth in (e) of this subsection, interest will accrue on the amount of relocation assistance paid by the city, town, county, or municipal corporation for which the property owner has not reimbursed the city, town, county, or municipal corporation. The rate of interest shall be the maximum legal rate of interest permitted under RCW 19.52.020, commencing thirty days after the date that the city first advanced relocation assistance funds to the displaced tenants.
(g) If the city, town, county, or municipal corporation must initiate legal action in order to recover the amount of relocation assistance payments that it has advanced to low-income tenants, including any interest and penalties under (e) and (f) of this subsection, the city, town, county, or municipal corporation shall be entitled to attorneys' fees and costs arising from its legal action.
(4) The government agency that has notified the landlord that a dwelling will be condemned or will be unlawful to occupy shall notify the displaced tenants that they may be entitled to relocation assistance under this section.
Sec. 3. RCW 35.80.030 and 1989 c 133 s 3 are each amended to read as follows:
(1) Whenever the local governing body of a municipality finds that one or more conditions of the character described in RCW 35.80.010 exist within its territorial limits, ((said)) that governing body may adopt ordinances relating to such dwellings, buildings, structures, or premises. Such ordinances may provide for the following:
(a) That an "improvement board" or officer be designated or appointed to exercise the powers assigned to such board or officer by the ordinance as specified ((herein. Said)) in this section. The board or officer may be an existing municipal board or officer in the municipality, or may be a separate board or officer appointed solely for the purpose of exercising the powers assigned by ((said)) the ordinance.
If a board is created, the ordinance shall specify the terms, method of appointment, and type of membership of ((said)) the board, which may be limited, if the local governing body chooses, to public officers ((as herein defined)) under this section.
(b) That if a board is created, a public officer, other than a member of the improvement board, may be designated to work with the board and carry out the duties and exercise the powers assigned to ((said)) the public officer by the ordinance.
(c) That if, after a preliminary investigation of any dwelling, building, structure, or premises, the board or officer finds that it is unfit for human habitation or other use, he or she shall cause to be served either personally or by certified mail, with return receipt requested, upon all persons having any interest therein, as shown upon the records of the auditor's office of the county in which such property is located, and shall post in a conspicuous place on such property, a complaint stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use. If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the board or officer in the exercise of reasonable diligence, and the board or officer makes an affidavit to that effect, then the serving of such complaint or order upon such persons may be made either by personal service or by mailing a copy of the complaint and order by certified mail, postage prepaid, return receipt requested, to each such person at the address of the building involved in the proceedings, and mailing a copy of the complaint and order by first class mail to any address of each such person in the records of the county assessor or the county auditor for the county where the property is located. Such complaint shall contain a notice that a hearing will be held before the board or officer, at a place therein fixed, not less than ten days nor more than thirty days after the serving of ((said)) the complaint; and that all parties in interest shall be given the right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and place in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the board or officer. A copy of such complaint shall also be filed with the auditor of the county in which the dwelling, building, structure, or ((premise [premises])) premises is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
(d) That the board or officer may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if it finds that conditions exist in such dwelling, building, structure, or premises which are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure, or premises, the occupants of neighboring dwellings, or other residents of such municipality. Such conditions may include the following, without limitations: Defects therein increasing the hazards of fire or accident; inadequate ventilation, light, or sanitary facilities, dilapidation, disrepair, structural defects, uncleanliness, overcrowding, or inadequate drainage. The ordinance shall state reasonable and minimum standards covering such conditions, including those contained in ordinances adopted in accordance with ((subdivision)) subsection (7)(a) ((herein)) of this section, to guide the board or the public officer and the agents and employees of either, in determining the fitness of a dwelling for human habitation, or building, structure, or premises for other use.
(e) That the determination of whether a dwelling, building, structure, or premises should be repaired or demolished, shall be based on specific stated standards on (i) the degree of structural deterioration of the dwelling, building, structure, or premises, or (ii) the relationship that the estimated cost of repair bears to the value of the dwelling, building, structure, or premises, with the method of determining this value to be specified in the ordinance.
(f) That if, after the required hearing, the board or officer determines that the dwelling is unfit for human habitation, or building or structure or premises is unfit for other use, it shall state in writing its findings of fact in support of such determination, and shall issue and cause to be served upon the owner or party in interest thereof, as is provided in ((subdivision (1))) (c) of this subsection, and shall post in a conspicuous place on ((said)) the property, an order ((which)) that (i) requires the owner or party in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises to render it fit for human habitation, or for other use, or to vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper on the basis of the standards set forth as required in ((subdivision (1))) (e) of this subsection; or (ii) requires the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling, building, structure, or premises, if this course of action is deemed proper on the basis of ((said)) those standards. If no appeal is filed, a copy of such order shall be filed with the auditor of the county in which the dwelling, building, structure, or premises is located.
(g) That the owner or any party in interest, within thirty days from the date of service upon the owner and posting of an order issued by the board under ((the provisions of subdivision)) (c) of this subsection, may file an appeal with the appeals commission.
The local governing body of the municipality shall designate or establish a municipal agency to serve as the appeals commission. The local governing body shall also establish rules of procedure adequate to assure a prompt and thorough review of matters submitted to the appeals commission, and such rules of procedure shall include the following, without being limited thereto: (i) All matters submitted to the appeals commission must be resolved by the commission within sixty days from the date of filing therewith and (ii) a transcript of the findings of fact of the appeals commission shall be made available to the owner or other party in interest upon demand.
The findings and orders of the appeals commission shall be reported in the same manner and shall bear the same legal consequences as if issued by the board, and shall be subject to review only in the manner and to the extent provided in ((subdivision)) subsection (2) of this section.
If the owner or party in interest, following exhaustion of his or her rights to appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises, the board or officer may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, and closed, removed, or demolished.
(h) That the amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the board or officer, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. For purposes of this subsection, the cost of vacating and closing shall include (i) the amount of relocation assistance payments that a property owner has not repaid to a municipality or other local government entity that has advanced relocation assistance payments to tenants under RCW 59.18.085 and (ii) all penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085. Upon certification to him or her by the treasurer of the municipality in cases arising out of the city or town or by the county improvement board or officer, in cases arising out of the county, of the assessment amount being due and owing, the county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020((, as now or hereafter amended,)) for delinquent taxes, and when collected to be deposited to the credit of the general fund of the municipality. If the dwelling, building, structure, or premises is removed or demolished by the board or officer, the board or officer shall, if possible, sell the materials of such dwelling, building, structure, (([or])) or premises in accordance with procedures set forth in ((said)) the ordinance, and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the board or officer, after deducting the costs incident thereto.
The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes.
(2) Any person affected by an order issued by the appeals commission pursuant to ((subdivision (1)(f) hereof)) subsection (1)(g) of this section may, within thirty days after the posting and service of the order, petition to the superior court for an injunction restraining the public officer or members of the board from carrying out the provisions of the order. In all such proceedings the court is authorized to affirm, reverse, or modify the order and such trial shall be heard de novo.
(3) An ordinance adopted by the local governing body of the municipality may authorize the board or officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section. These powers shall include the following in addition to others ((herein)) granted in this section: (a)(i) To determine which dwellings within the municipality are unfit for human habitation; (ii) to determine which buildings, structures, or premises are unfit for other use; (b) to administer oaths and affirmations, examine witnesses, and receive evidence; and (c) to investigate the dwelling and other property conditions in the municipality or county and to enter upon premises for the purpose of making examinations when the board or officer has reasonable ground for believing they are unfit for human habitation, or for other use: PROVIDED, That such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for this purpose after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted.
(4) The local governing body of any municipality adopting an ordinance pursuant to this chapter may appropriate the necessary funds to administer such ordinance.
(5) ((Nothing in)) This section ((shall be construed to)) does not abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law.
(6) ((Nothing in)) This section ((shall be construed to)) does not impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
(7) Any municipality may ((())by ordinance adopted by its governing body(())) (a) prescribe minimum standards for the use and occupancy of dwellings throughout the municipality((,)) or county, (b) prescribe minimum standards for the use or occupancy of any building, structure, or premises used for any other purpose, (c) prevent the use or occupancy of any dwelling, building, structure, or premises, ((which)) that is injurious to the public health, safety, morals, or welfare, and (d) prescribe punishment for the violation of any provision of such ordinance."
Correct the title.
Representative Schindler moved adoption of amendment (885) to amendment (876):
On page 2, line 13 of the amendment, after "(3)" insert "(a)"
On page 2, line 18 of the amendment, after "except that" insert ":"
On page 2, at the beginning of line 19 of the amendment, strike "a" and insert
"(i) A"
On page 2, line 22 of the amendment, after "knowledge" insert "; and
(ii) a landlord shall pay fifty percent of the relocation assistance required by this act if that landlord (A) purchases a multi-family dwelling that, when purchased, may be subject to conditions that could give rise to violations of applicable codes or laws and (B) makes a reasonable effort to rehabilitate the dwelling"
On page 2, at the beginning of line 23 of the amendment, strike "(a)" and insert "(b)"
Renumber the remaining subsections consecutively and correct internal references accordingly.
Representatives Schindler and Cairnes spoke in favor of adoption of the amendment to the amendment.
Representative Romero spoke against adoption of the amendment to the amendment.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (855) to amendment (876) to House Bill No. 2870.
ROLL CALL
The Clerk called the roll on the adoption of amendment (855) to amendment (876) to House Bill No. 2870, and the amendment was not adopted by the following vote: Yeas - 44, Nays - 51, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 44.
Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 51.
Excused: Representatives Edwards, Haigh and Mielke - 3.
Representative Romero moved the adoption of amendment (887) to amendment (876):
On page 2, line 13 of the amendment, after "(3)" insert "(a)"
On page 2, line 18 of the amendment, after "except that" insert ":"
On page 2, at the beginning of line 19 of the amendment, strike "a" and insert
"(i) A"
On page 2, line 22 of the amendment, after "knowledge" insert "; and
(ii) a landlord shall pay fifty percent of the relocation assistance required by this act if (A) that landlord purchases a multi-family dwelling that, when purchased, may be subject to conditions that could give rise to violations of applicable codes or laws, (B) that landlord makes a reasonable effort to rehabilitate the dwelling, and (C) the dwelling is subject to a condemnation or no occupancy order within six months of the date of the landlord's purchase of the dwelling"
On page 2, at the beginning of line 23 of the amendment, strike "(a)" and insert "(b)"
Renumber the remaining subsections consecutively and correct internal references accordingly.
Representatives Romero and Upthegrove spoke in favor of the adoption of the amendment to the amendment.
Representatives Schindler, Cairnes and Orcutt spoke against the adoption of the amendment to the amendment.
Division was demanded. The Speaker (Representative Lovick presiding) divided the House. The result was 50 - YEAS; 45 -NAYS. The amendment to the amendment was adopted.
Representative Schindler moved the adoption of amendment (894) to amendment (876):
On page 2, line 22 of the amendment, after "tenant's" strike "illegal"
Representatives Schindler and Cairnes spoke in favor of the adoption of the amendment to the amendment.
Representatives Romero and Moeller spoke against the adoption of the amendment to the amendment.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (894) to amendment (876) to House Bill No. 2870.
ROLL CALL
The Clerk called the roll on the adoption of amendment (894) to amendment (876) to House Bill No. 2870, and the amendment was not adopted by the following vote: Yeas - 45, Nays - 51, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Morris, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 45.
Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 51.
Excused: Representatives Edwards and Mielke - 2.
Representative Schindler moved the adoption of amendment (893) to amendment (876):
On page 2, line 24 of the amendment, after "shall be" strike "the greater amount of two thousand dollars per dwelling unit or"
Representative Schindler spoke in favor of the adoption of the amendment to the amendment.
Representative Romero spoke against the adoption of the amendment to the amendment.
The amendment to the amendment was not adopted.
Representative Romero moved the adoption of amendment (888) to amendment (876):
On page 4, after line 13 insert
"(5) The powers and authority conferred by this act are in addition and supplemental to powers or authority conferred by any other law or authority, and do not limit any other powers or authority of any public agency."
On page 9, line 23, after "municipality" insert "to exercise its police power for the protection of the public's health, safety, or welfare, or"
Representative Romero spoke in favor of the adoption of the amendment to the amendment.
The amendment to the amendment was adopted.
Representative Schindler moved the adoption of amendment (895) to the amendment 876):
On page 4, line 13 of the amendment, after "section" insert "within 48 hours of the landlord's notification of condemnation or an order of no occupancy"
Representatives Schindler and Romero spoke in favor of the adoption of the amendment.
The amendment to the amendment was adopted.
The amendment (876) as amended was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Romero, Eickmeyer and Ruderman spoke in favor of passage of the bill.
Representatives Schindler and Ahern spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 2870.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2870 and the bill passed the House by the following vote: Yeas - 54, Nays - 42, Absent - 0, Excused - 2.
Voting yea: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 54.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Kristiansen, McDonald, McMahan, McMorris, Newhouse, Nixon, Orcutt, Pearson, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 42.
Excused: Representatives Edwards and Mielke - 2.
ENGROSSED HOUSE BILL NO. 2870, having received the necessary constitutional majority, was declared passed.
The Speaker assumed the chair.
SECOND READING SUSPENSION
HOUSE BILL NO. 2055, By Representatives Morris, Crouse and Bush
Modifying the taxation of bundled telecommunications services.
The bill was read the second time.
There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 2055 was read the second time.
The bill was placed on final passage.
Representatives Morris and Crouse spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2055.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2055 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative Mielke - 1.
SUBSTITUTE HOUSE BILL NO. 2055, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2723, By Representatives Morris, Carrell, Kirby, Wood, Benson, Darneille, Pearson, O'Brien and Anderson
Prohibiting unauthorized recording of motion pictures.
The bill was read the second time.
There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 2723 was read the second time.
The bill was placed on final passage.
Representative Morris spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2723.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2723 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative Mielke - 1.
SUBSTITUTE HOUSE BILL NO. 2723, having received the necessary constitutional majority, was declared passed.
SECOND READING
HOUSE BILL NO. 2904, By Representatives Lovick, Moeller, Kirby, McMahan and Newhouse; by request of Department of Social and Health Services
Modifying estate adjudication provisions.
The bill was read the second time. There being no objection, Substitute House Bill No. 2904 was substituted for House Bill No. 2904 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2904 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lovick and Carrell spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2904.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2904 and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.
Voting nay: Representatives Alexander and Holmquist - 2.
Excused: Representative Mielke - 1.
SUBSTITUTE HOUSE BILL NO. 2904, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 1328, By Representatives Fromhold, Cairnes, Sullivan, Veloria, Skinner, Alexander, Morris, Moeller, Benson, Darneille, Linville, Jarrett, Miloscia, Clibborn, Cox, Pettigrew, Clements, McCoy, Campbell, Romero, O'Brien, Talcott, Ahern, Schindler, Hinkle, Hunt, Rockefeller, Wallace, Quall, Conway, Flannigan, Chase, Blake, G. Simpson, Upthegrove, Kenney, Newhouse, Buck, Woods and Bush
Clarifying that boarding homes are not subject to taxation under chapter 82.04 RCW.
The bill was read the second time. There being no objection, Substitute House Bill No. 1328 was substituted for House Bill No. 1328 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 1328 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 Fromhold and Cairnes spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1328.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1328 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative Mielke - 1.
SUBSTITUTE HOUSE BILL NO. 1328, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2347, By Representatives McDonald, Morrell, Edwards and Hinkle
Authorizing additional sales tax authority for public facilities districts.
The bill was read the second time. There being no objection, Substitute House Bill No. 2347 was substituted for House Bill No. 2347 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2347 was read the second time.
Representative Morrell moved the adoption of amendment (896):
On page 2, line 11, after "2005." strike the material through "collected." on line 14 and insert: "The tax imposed in this section expires on the earlier of: (a) the date when the bonds issued for the construction of the cultural center and related parking facilities are retired, (b) twenty years after the tax is first collected, or (c) the date when the cumulative total of taxes collected has exceeded eighteen million dollars."
Representative Morrell spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McDonald and Morrell spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2347.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2347 and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.
Voting nay: Representatives Boldt and Orcutt - 2.
Excused: Representative Mielke - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2347, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2519, By Representatives Hatfield, Blake, Crouse and Kagi
Authorizing voter approved property tax levies for criminal justice purposes.
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 Hatfield and Cairnes spoke in favor of passage of the bill.
Representative Orcutt spoke against the passage of the bill.
The Speaker stated the question before the House to be the final passage of House Bill No. 2519.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2519 and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.
Voting nay: Representatives Chandler, Orcutt and Roach - 3.
Excused: Representative Mielke - 1.
HOUSE BILL NO. 2519, having received the necessary constitutional majority, was declared passed.
I intended to vote YEA on HOUSE BILL NO. 2519.
BRUCE CHANDLER, 15th District
HOUSE BILL NO. 2732, By Representatives Tom, Morris, Ruderman, Sullivan, Nixon, Crouse, Clements, Hudgins, Pearson, Jarrett and Wood
Establishing tax deferrals for wood biomass fuel investment projects.
The bill was read the second time. There being no objection, Substitute House Bill No. 2732 was substituted for House Bill No. 2732 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2732 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 Tom and Morris spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2732.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2732 and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.
Voting nay: Representatives Delvin and McMahan - 2.
Excused: Representative Mielke - 1.
SUBSTITUTE HOUSE BILL NO. 2732, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2921, By Representatives Fromhold, Conway, McIntire, Campbell, Blake and G. Simpson
Avoiding fragmentation in bargaining units for classified school employees.
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 Fromhold and Condotta spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of House Bill No. 2921.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2921 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative Mielke - 1.
HOUSE BILL NO. 2921, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3103, By Representatives Kenney, Cox, Fromhold, Priest, Morrell, Hudgins, McCoy, McDermott, Haigh, G. Simpson and Santos
Revising provisions for higher education.
The bill was read the second time. There being no objection, Substitute House Bill No. 3103 was substituted for House Bill No. 3103 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 3103 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kenney, Cox and Mastin spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 3103.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3103 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative Mielke - 1.
SUBSTITUTE HOUSE BILL NO. 3103, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3124, By Representatives Miloscia and Jarrett
Allowing a general contractor/construction manager to perform more than thirty percent of a project when it involves tunneling.
The bill was read the second time. There being no objection, Substitute House Bill No. 3124 was substituted for House Bill No. 3124 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 3124 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Miloscia spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 3124.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3124 and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.
Voting nay: Representatives Kristiansen, Nixon and Pearson - 3.
Excused: Representative Mielke - 1.
SUBSTITUTE HOUSE BILL NO. 3124, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3158, By Representatives McIntire, Kessler and Edwards
Exempting from sales and use tax computer equipment used primarily in printing or publishing.
The bill was read the second time. There being no objection, Substitute House Bill No. 3158 was substituted for House Bill No. 3158 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 3158 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 McIntire, Cairnes and Delvin spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 3158.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3158 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.
Voting nay: Representative Moeller - 1.
Excused: Representative Mielke - 1.
SUBSTITUTE HOUSE BILL NO. 3158, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE HOUSE BILL NO. 1517, By Representatives Cooper, G. Simpson, Conway, Sullivan and Wallace
Establishing objectives for certain fire department services.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 1517 was substituted for Substitute House Bill No. 1517 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 1517 was read the second time.
Representative Nixon moved the adoption of amendment (914):
On page 3, beginning on line 26, after "establish" strike "the following time objectives" and insert "time objectives for the following measurements"
On page 3, line 28, strike all of subsection (a) and insert "(a) Turnout time;"
On page 3, line 29, after "(b)" strike "Four minutes or less response" and insert "Response"
On page 3, line 30, after "incident" strike ", or eight minutes or less" and insert "and"
On page 3, line 33, after "(c)" strike "Four minutes or less response" and insert "Response"
On page 3, line 36, after "(d)" strike "Eight minutes or less response" and insert "Response"
On page 4, line 5, after "objective" strike "specified in" and insert "established under"
Representatives Nixon and Moeller spoke in favor of the adoption of the amendment.
Representative Cooper spoke against the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Cooper, Nixon and Hinkle spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1517.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1517 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative Mielke - 1.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1517, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2275, By Representatives Mastin and Dunshee
Expanding the criteria for habitat conservation programs.
The bill was read the second time. There being no objection, Substitute House Bill No. 2275 was substituted for House Bill No. 2275 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2275 was read the second time.
With the consent of the House, amendment (881) was withdrawn.
Representative Mastin moved the adoption of amendment (969):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 79A.15.010 and 1990 1st ex.s. c 14 s 2 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter.
(1) "Acquisition" means the purchase on a willing seller basis of fee or less than fee interests in real property. These interests include, but are not limited to, options, rights of first refusal, conservation easements, leases, and mineral rights.
(2) "Committee" means the interagency committee for outdoor recreation.
(3) "Critical habitat" means lands important for the protection, management, or public enjoyment of certain wildlife species or groups of species, including, but not limited to, wintering range for deer, elk, and other species, waterfowl and upland bird habitat, fish habitat, and habitat for endangered, threatened, or sensitive species.
(4) "Farmlands" means any land defined as "farm and agricultural land" in RCW 84.34.020(2).
(5) "Local agencies" means a city, county, town, federally recognized Indian tribe, special purpose district, port district, or other political subdivision of the state providing services to less than the entire state.
(((5))) (6) "Natural areas" means areas that have, to a significant degree, retained their natural character and are important in preserving rare or vanishing flora, fauna, geological, natural historical, or similar features of scientific or educational value.
(((6))) (7) "Riparian habitat" means land adjacent to water bodies, as well as submerged land such as streambeds, which can provide functional habitat for salmonids and other fish and wildlife species. Riparian habitat includes, but is not limited to, shorelines and near-shore marine habitat, estuaries, lakes, wetlands, streams, and rivers.
(8) "Special needs populations" means physically restricted people or people of limited means.
(((7))) (9) "State agencies" means the state parks and recreation commission, the department of natural resources, the department of general administration, and the department of fish and wildlife.
(10) "Trails" means public ways constructed for and open to pedestrians, equestrians, or bicyclists, or any combination thereof, other than a sidewalk constructed as a part of a city street or county road for exclusive use of pedestrians.
(((8))) (11) "Urban wildlife habitat" means lands that provide habitat important to wildlife in proximity to a metropolitan area.
(((9))) (12) "Water access" means boat or foot access to marine waters, lakes, rivers, or streams.
Sec. 2. RCW 79A.15.030 and 2000 c 11 s 66 are each amended to read as follows:
(1) Moneys appropriated for this chapter shall be divided ((equally between the habitat conservation and outdoor recreation accounts and shall be used exclusively for the purposes specified in this chapter)) as follows:
(a) Appropriations for a biennium of forty million dollars or less must be allocated equally between the habitat conservation account and the outdoor recreation account.
(b) If appropriations for a biennium total more than forty million dollars, the money must be allocated as follows: (i) Twenty million dollars to the habitat conservation account and twenty million dollars to the outdoor recreation account; (ii) any amount over forty million dollars up to fifty million dollars shall be allocated as follows: (A) Ten percent to the habitat conservation account; (B) ten percent to the outdoor recreation account; (C) forty percent to the riparian protection account; and (D) forty percent to the farmlands preservation account; and (iii) any remaining amounts over fifty million dollars must be allocated as follows: (A) Thirty percent to the habitat conservation account; (B) thirty percent to the outdoor recreation account; (C) thirty percent to the riparian protection account; and (D) ten percent to the farmlands preservation account.
(2) Except as otherwise provided in this act, moneys deposited in these accounts shall be invested as authorized for other state funds, and any earnings on them shall be credited to the respective account.
(3) All moneys deposited in the habitat conservation ((and)), outdoor recreation, riparian protection, and farmlands preservation accounts shall be allocated as provided under RCW 79A.15.040 ((and)), 79A.15.050, and sections 5 and 6 of this act as grants to state or local agencies for acquisition, development, and renovation within the jurisdiction of those agencies, subject to legislative appropriation. The committee may use or permit the use of any funds appropriated for this chapter as matching funds where federal, local, or other funds are made available for projects within the purposes of this chapter.
(4) Projects receiving grants under this chapter that are developed or otherwise accessible for public recreational uses shall be available to the public ((on a nondiscriminatory basis)).
(5) The committee may make grants to an eligible project from ((both)) the habitat conservation ((and)), outdoor recreation, riparian protection, and farmlands preservation accounts and any one or more of the applicable categories under such accounts described in RCW 79A.15.040 ((and)), 79A.15.050, and sections 5 and 6 of this act.
(6) The committee may accept private donations to the habitat conservation account, the outdoor recreation account, the riparian protection account, and the farmlands preservation account for the purposes specified in this chapter.
(7) The committee may apply up to three percent of the funds appropriated for this chapter for the administration of the programs and purposes specified in this chapter.
Sec. 3. RCW 79A.15.040 and 1999 c 379 s 917 are each amended to read as follows:
(1) Moneys appropriated for this chapter to the habitat conservation account shall be distributed in the following way:
(a) Not less than ((thirty-five)) forty-five percent for the acquisition and development of critical habitat;
(b) Not less than ((twenty)) thirty percent for the acquisition and development of natural areas;
(c) Not less than ((fifteen)) twenty percent for the acquisition and development of urban wildlife habitat; and
(d) ((The remaining amount shall be considered unallocated and)) Not less than five percent shall be used by the committee to fund ((high priority acquisition and development needs for critical habitat, natural areas, and urban wildlife habitat. During the fiscal biennium ending June 30, 2001, the remaining amount reappropriated from the fiscal biennium ending June 30, 1999, may be allocated for matching grants for riparian zone habitat protection projects that implement watershed plans under the program established in section 329(6), chapter 235, Laws of 1997)) restoration and enhancement projects on state lands. Only the department of natural resources and the department of fish and wildlife may apply for these funds to be used on existing habitat and natural area lands.
(2) In distributing these funds, the committee retains discretion to meet the most pressing needs for critical habitat, natural areas, and urban wildlife habitat, and is not required to meet the percentages described in subsection (1) of this section in any one biennium.
(3) Only state agencies may apply for acquisition and development funds for ((critical habitat and)) natural areas projects under subsection (1)(((a),)) (b)((,)) ((and (d))) of this section.
(4) State and local agencies may apply for acquisition and development funds for critical habitat and urban wildlife habitat projects under subsection (1)(a), and (c) ((and (d))) of this section.
(5)(a) Any lands that have been acquired with grants under this section by the department of fish and wildlife are subject to an amount in lieu of real property taxes and an additional amount for control of noxious weeds as determined by RCW 77.12.203.
(b) Any lands that have been acquired with grants under this section by the department of natural resources are subject to payments in the amounts required under the provisions of sections 10 and 11 of this act.
Sec. 4. RCW 79A.15.050 and 2003 c 184 s 1 are each amended to read as follows:
(1) Moneys appropriated for this chapter to the outdoor recreation account shall be distributed in the following way:
(a) Not less than ((twenty-five)) thirty percent to the state parks and recreation commission for the acquisition, ((and)) renovation, or development of state parks, with at least ((seventy-five)) fifty percent of ((this)) the money for acquisition costs((. However, between July 27, 2003, and June 30, 2009, at least fifty percent of this money for the acquisition and development of state parks must be used for acquisition costs));
(b) Not less than ((twenty-five)) thirty percent for the acquisition, development, and renovation of local parks, with at least fifty percent of this money for acquisition costs;
(c) Not less than fifteen percent for the acquisition and development of trails;
(d) Not less than ((ten)) fifteen percent for the acquisition and development of water access sites, with at least seventy-five percent of this money for acquisition costs; and
(e) Not less than five percent for development and renovation projects on state recreation lands. Only the department of natural resources and the department of fish and wildlife may aply for these funds to be used on their existing recreation lands; and
(f) The remaining amount shall be considered unallocated and shall be distributed by the committee to state and local agencies to fund high priority acquisition and development needs for parks, trails, and water access sites.
(2) In distributing these funds, the committee retains discretion to meet the most pressing needs for state and local parks, trails, and water access sites, and is not required to meet the percentages described in subsection (1) of this section in any one biennium.
(3) Only local agencies may apply for acquisition, development, or renovation funds for local parks under subsection (1)(b) of this section.
(4) Only state and local agencies may apply for funds for trails under subsection (1)(c) of this section.
(5) Only state and local agencies may apply for funds for water access sites under subsection (1)(d) of this section.
NEW SECTION. Sec. 5. A new section is added to chapter 79A.15 RCW to read as follows:
(1) The riparian protection account is established in the state treasury. The committee must administer the account in accordance with chapter 79A.25 RCW and this chapter, and hold it separate and apart from all other money, funds, and accounts of the committee.
(2) Moneys appropriated for this chapter to the riparian protection account must be distributed for the acquisition and enhancement or restoration of riparian habitat. All enhancement or restoration projects, except those qualifying under subsection (9)(a) of this section, must include the acquisition of a real property interest in order to be eligible. At least fifty percent of riparian protection account funds must be used for the acquisition of real property interests.
(3) State and local agencies and lead entities under chapter 77.85 RCW may apply for acquisition and enhancement or restoration funds for riparian habitat projects under subsection (1) of this section. Other state agencies not defined in RCW 79A.15.010, such as the department of transportation and the department of corrections, may enter into interagency agreements with state agencies to apply in partnership for funds under this section.
(4) The committee may adopt rules establishing acquisition policies and priorities for distributions from the riparian protection account.
(5) Except as provided in RCW 79A.15.030(7), moneys appropriated for this section may not be used by the committee to fund staff positions or other overhead expenses, or by a state, regional, or local agency to fund operation or maintenance of areas acquired under this chapter.
(6) Moneys appropriated for this section may be used by grant recipients for costs incidental to restoration and acquisition, including, but not limited to, surveying expenses, fencing, and signing.
(7) The committee may not approve a local project where the local agency share is less than the amount to be awarded from the riparian protection account. In-kind contributions, including contributions of a real property interest in land may be used to satisfy the local agency's share.
(8) State agencies receiving grants for acquisition of land under this section must pay an amount in lieu of real property taxes equal to the amount of tax that would be due if the land were taxable as open space land under chapter 84.34 RCW, plus an additional amount for control of noxious weeds equal to that which would be paid if such lands were privately owned. The county assessor and county legislative authority shall assist in determining the appropriate calculation of the amount of tax that would be due under chapter 84.34 RCW.
(9) In determining acquisition priorities with respect to the riparian protection account, the committee must consider, at a minimum, the following criteria:
(a) Whether the project continues the conservation reserve enhancement program. Applications that extend the duration of leases of riparian areas that are currently enrolled in the conservation reserve enhancement program shall be highly considered in the process. Such applications are also eligible for an additional conservation lease of at least twenty-five years of duration.
(b) Whether the projects are identified or recommended in a watershed planning process under chapter 247, Laws of 1998, salmon recovery planning under chapter 77.85 RCW, or other local plans, such as habitat conservation plans, and these must be highly considered in the process;
(c) Whether there is community support for the project;
(d) Whether there is an immediate threat to the site;
(e) Whether the quality of the habitat is improved or, for projects including restoration or enhancement, the potential for restoring quality habitat including linkage of the site to other high quality habitat;
(f) Whether the project is consistent with a local land use plan, or a regional or statewide recreational or resource plan. The projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130 must be highly considered in the process; and
(g) Whether the site has educational or scientific value.
(10) Before November 1st of each even-numbered year, the committee will recommend to the governor a prioritized list of projects to be funded under this section. The governor may remove projects from the list recommended by the committee and will submit this amended list in the capital budget request to the legislature. The list must include, but not be limited to, a description of each project and any particular match requirement.
NEW SECTION. Sec. 6. A new section is added to chapter 79A.15 RCW to read as follows:
(1) The farmlands preservation account is established in the state treasury. The committee will administer the account in accordance with chapter 79A.25 RCW and this chapter, and hold it separate and apart from all other money, funds, and accounts of the committee. Moneys appropriated for this chapter to the farmlands preservation account must be distributed for the acquisition and preservation of farmlands in order to maintain the opportunity for agricultural activity upon these lands.
(2) Moneys appropriated for this chapter to the farmlands preservation account must be distributed for the fee simple or less than fee simple acquisition of farmlands, and for the enhancement or restoration of ecological functions on those properties. In order for a farmland preservation grant to provide for an environmental enhancement or restoration project, the project must include the acquisition of a real property interest in perpetuity. If a city or county acquires a property through this program in fee simple, the city or county shall endeavor to secure preservation of the property through placing a conservation easement, or other form of deed restriction, on the property which dedicates the land to agricultural use and retains one or more property rights in perpetuity. Once an easement or other form of deed restriction is placed on the property, the city or county shall seek to sell the property, at fair market value, to a person or persons who will maintain the property in agricultural production. Any moneys from the sale of the property shall either be used to purchase interests in additional properties which meet the criteria in subsection (8) of this section, or to repay the grant from the state which was originally used to purchase the property.
(3) Cities and counties may apply for acquisition and enhancement or restoration funds for farmland preservation projects within their jurisdictions under subsection (1) of this section.
(4) The committee may adopt rules establishing acquisition and enhancement or restoration policies and priorities for distributions from the farmlands preservation account.
(5) Except as provided in RCW 79A.15.030(7), moneys appropriated for this section may not be used by the committee to fund staff positions or other overhead expenses, or by a city or county to fund operation or maintenance of areas acquired under this chapter.
(6) Moneys appropriated for this section may be used by grant recipients for costs incidental to restoration and acquisition, including, but not limited to, surveying expenses, fencing, and signing.
(7) The committee may not approve a local project where the local agency's share is less than the amount to be awarded from the farmlands preservation account. In-kind contributions, including contributions of a real property interest in land, may be used to satisfy the local agency's share.
(8) In determining the acquisition priorities, the committee must consider, at a minimum, the following criteria:
(a) Community support for the project;
(b) A recommendation as part of a limiting factors or critical pathways analysis, a watershed plan or habitat conservation plan, or a coordinated regionwide prioritization effort;
(c) The likelihood of the conversion of the site to nonagricultural or more highly developed usage;
(d) Consistency with a local land use plan, or a regional or statewide recreational or resource plan. The projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130 must be highly considered in the process;
(e) Benefits to salmonids;
(f) Benefits to other fish and wildlife habitat;
(g) Integration with recovery efforts for endangered, threatened, or sensitive species;
(h) The viability of the site for continued agricultural production, including, but not limited to:
(i) Soil types;
(ii) On-site production and support facilities such as barns, irrigation systems, crop processing and storage facilities, wells, housing, livestock sheds, and other farming infrastructure;
(iii) Suitability for producing different types or varieties of crops;
(iv) Farm-to-market access;
(v) Water availability; and
(i) Other community values provided by the property when used as agricultural land, including, but not limited to:
(i) Viewshed;
(ii) Aquifer recharge;
(iii) Occasional or periodic collector for storm water runoff;
(iv) Agricultural sector job creation;
(v) Migratory bird habitat and forage area; and
(vi) Educational and curriculum potential.
(9) In allotting funds for environmental enhancement or restoration projects, the committee will require the projects to meet the following criteria:
(a) Enhancement or restoration projects must further the ecological functions of the farmlands;
(b) The projects, such as fencing, bridging watercourses, replanting native vegetation, replacing culverts, clearing of waterways, etc., must be less than fifty percent of the acquisition cost of the project including any in-kind contribution by any party;
(c) The projects should be based on accepted methods of achieving beneficial enhancement or restoration results; and
(d) The projects should enhance the viability of the preserved farmland to provide agricultural production while conforming to any legal requirements for habitat protection.
(10) Before November 1st of each even-numbered year, the committee will recommend to the governor a prioritized list of all projects to be funded under this section. The governor may remove projects from the list recommended by the committee and must submit this amended list in the capital budget request to the legislature. The list must include, but not be limited to, a description of each project and any particular match requirement.
Sec. 7. RCW 79A.15.060 and 2000 c 11 s 67 are each amended to read as follows:
(1) The committee may adopt rules establishing acquisition policies and priorities for distributions from the habitat conservation account.
(2) Except as provided in RCW 79A.15.030(7), moneys appropriated for this chapter may not be used by the committee to fund ((additional)) staff positions or other overhead expenses, or by a state, regional, or local agency to fund operation ((and)) or maintenance of areas acquired under this chapter((, except that the committee may use moneys appropriated for this chapter for the fiscal biennium ending June 30, 2001, for the administrative costs of implementing the pilot watershed plan implementation program established in section 329(6), chapter 235, Laws of 1997, and developing an inventory of publicly owned lands established in section 329(7), chapter 235, Laws of 1997)).
(3) Moneys appropriated for this chapter may be used by grant recipients for costs incidental to acquisition, including, but not limited to, surveying expenses, fencing, and signing.
(4) ((Except as provided in subsection (5) of this section,)) The committee may not approve a local project where the local agency share is less than the amount to be awarded from the habitat conservation account.
(5) ((During the fiscal biennium ending June 30, 2001, the committee may approve a riparian zone habitat protection project established in section 329(6), chapter 235, Laws of 1997, where the local agency share is less than the amount to be awarded from the habitat conservation account.
(6))) In determining acquisition priorities with respect to the habitat conservation account, the committee shall consider, at a minimum, the following criteria:
(a) For critical habitat and natural areas proposals:
(i) Community support for the project;
(ii) Recommendations as part of a watershed plan or habitat conservation plan, or a coordinated regionwide prioritization effort, and for projects primarily intended to benefit salmon, limiting factors or critical pathways analysis;
(iii) Immediacy of threat to the site;
(((iii))) (iv) Uniqueness of the site;
(((iv))) (v) Diversity of species using the site;
(((v))) (vi) Quality of the habitat;
(((vi))) (vii) Long-term viability of the site;
(((vii))) (viii) Presence of endangered, threatened, or sensitive species;
(((viii))) (ix) Enhancement of existing public property;
(((ix))) (x) Consistency with a local land use plan, or a regional or statewide recreational or resource plan, including projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130; ((and
(x))) (xi) Educational and scientific value of the site;
(xii) Integration with recovery efforts for endangered, threatened, or sensitive species;
(xiii) For critical habitat proposals by local agencies, the statewide significance of the site.
(b) For urban wildlife habitat proposals, in addition to the criteria of (a) of this subsection:
(i) Population of, and distance from, the nearest urban area;
(ii) Proximity to other wildlife habitat;
(iii) Potential for public use; and
(iv) Potential for use by special needs populations.
(((7))) (6) Before ((October)) November 1st of each even-numbered year, the committee shall recommend to the governor a prioritized list of state agency projects to be funded under RCW 79A.15.040(1) (a), (b), and (c). The governor may remove projects from the list recommended by the committee and shall submit this amended list in the capital budget request to the legislature. The list shall include, but not be limited to, a description of each project; and shall describe for each project any anticipated restrictions upon recreational activities allowed prior to the project.
(((8))) (7) Before ((October)) November 1st of each even-numbered year, the committee shall recommend to the governor a prioritized list of all local projects to be funded under RCW 79A.15.040(1) (a) and (c). The governor may remove projects from the list recommended by the committee and shall submit this amended list in the capital budget request to the legislature. The list shall include, but not be limited to, a description of each project and any particular match requirement, and describe for each project any anticipated restrictions upon recreational activities allowed prior to the project.
Sec. 8. RCW 79A.15.070 and 2000 c 11 s 68 are each amended to read as follows:
(1) In determining which state parks proposals and local parks proposals to fund, the committee shall use existing policies and priorities.
(2) Except as provided in RCW 79A.15.030(7), moneys appropriated for this chapter may not be used by the committee to fund ((additional)) staff or other overhead expenses, or by a state, regional, or local agency to fund operation ((and)) or maintenance of areas acquired under this chapter((, except that the committee may use moneys appropriated for this chapter for the fiscal biennium ending June 30, 2001, for the administrative costs of implementing the pilot watershed plan implementation program established in section 329(6), chapter 235, Laws of 1997, and developing an inventory of publicly owned lands established in section 329(7), chapter 235, Laws of 1997)).
(3) Moneys appropriated for this chapter may be used by grant recipients for costs incidental to acquisition and development, including, but not limited to, surveying expenses, fencing, and signing.
(4) The committee may not approve a project of a local agency where the share contributed by the local agency is less than the amount to be awarded from the outdoor recreation account.
(5) The committee may adopt rules establishing acquisition policies and priorities for the acquisition and development of trails and water access sites to be financed from moneys in the outdoor recreation account.
(6) In determining the acquisition and development priorities, the committee shall consider, at a minimum, the following criteria:
(a) For trails proposals:
(i) Community support for the project;
(ii) Immediacy of threat to the site;
(iii) Linkage between communities;
(iv) Linkage between trails;
(v) Existing or potential usage;
(vi) Consistency with ((an existing)) a local land use plan, or a regional or statewide recreational or resource plan, including projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130;
(vii) Availability of water access or views;
(viii) Enhancement of wildlife habitat; and
(ix) Scenic values of the site.
(b) For water access proposals:
(i) Community support for the project;
(ii) Distance from similar water access opportunities;
(iii) Immediacy of threat to the site;
(iv) Diversity of possible recreational uses; ((and))
(v) Public demand in the area; and
(vi) Consistency with a local land use plan, or a regional or statewide recreational or resource plan, including projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130.
(7) Before ((October)) November 1st of each even-numbered year, the committee shall recommend to the governor a prioritized list of state agency projects to be funded under RCW 79A.15.050(1) (a), (c), and (d). The governor may remove projects from the list recommended by the committee and shall submit this amended list in the capital budget request to the legislature. The list shall include, but not be limited to, a description of each project; and shall describe for each project any anticipated restrictions upon recreational activities allowed prior to the project.
(8) Before ((October)) November 1st of each even-numbered year, the committee shall recommend to the governor a prioritized list of all local projects to be funded under RCW 79A.15.050(1) (b), (c), and (d). The governor may remove projects from the list recommended by the committee and shall submit this amended list in the capital budget request to the legislature. The list shall include, but not be limited to, a description of each project and any particular match requirement, and describe for each project any anticipated restrictions upon recreational activities allowed prior to the project.
Sec. 9. RCW 79A.15.080 and 1990 1st ex.s. c 14 s 9 are each amended to read as follows:
The committee shall not sign contracts or otherwise financially obligate funds from the habitat conservation account ((or)), the outdoor recreation account, the riparian protection account, or the farmlands preservation account as provided in this chapter before the legislature has appropriated funds for a specific list of projects. The legislature may remove projects from the list recommended by the governor.
NEW SECTION. Sec. 10. A new section is added to chapter 79.70 RCW to read as follows:
The state treasurer, on behalf of the department, must distribute to counties for all lands acquired for the purposes of this chapter an amount in lieu of real property taxes equal to the amount of tax that would be due if the land were taxable as open space land under chapter 84.34 RCW, plus an additional amount equal to the amount of weed control assessment that would be due if such lands were privately owned. The county assessor and county legislative authority shall assist in determining the appropriate calculation of the amount of tax that would be due under chapter 84.34 RCW. The county shall distribute the amount received under this section in lieu of real property taxes to all property taxing districts except the state in appropriate tax code areas the same way it would distribute local property taxes from private property. The county shall distribute the amount received under this section for weed control to the appropriate weed district.
NEW SECTION. Sec. 11. A new section is added to chapter 79.71 RCW to read as follows:
The state treasurer, on behalf of the department, must distribute to counties for all lands acquired for the purposes of this chapter an amount in lieu of real property taxes equal to the amount of tax that would be due if the land were taxable as open space land under chapter 84.34 RCW, plus an additional amount equal to the amount of weed control assessment that would be due if such lands were privately owned. The county assessor and county legislative authority shall assist in determining the appropriate calculation of the amount of tax that would be due under chapter 84.34 RCW. The county shall distribute the amount received under this section in lieu of real property taxes to all property taxing districts except the state in appropriate tax code areas the same way it would distribute local property taxes from private property. The county shall distribute the amount received under this section for weed control to the appropriate weed district.
Sec. 12. RCW 84.33.140 and 2003 c 170 s 5 are each amended to read as follows:
(1) When land has been designated as forest land under RCW 84.33.130, a notation of the designation shall be made each year upon the assessment and tax rolls. A copy of the notice of approval together with the legal description or assessor's parcel numbers for the land shall, at the expense of the applicant, be filed by the assessor in the same manner as deeds are recorded.
(2) In preparing the assessment roll as of January 1, 2002, for taxes payable in 2003 and each January 1st thereafter, the assessor shall list each parcel of designated forest land at a value with respect to the grade and class provided in this subsection and adjusted as provided in subsection (3) of this section. The assessor shall compute the assessed value of the land using the same assessment ratio applied generally in computing the assessed value of other property in the county. Values for the several grades of bare forest land shall be as follows:
LAND GRADE |
OPERABILITY CLASS |
VALUES PER ACRE |
|
1 |
$234 |
1 |
2 |
229 |
|
3 |
217 |
|
4 |
157 |
|
1 |
198 |
2 |
2 |
190 |
|
3 |
183 |
|
4 |
132 |
|
1 |
154 |
3 |
2 |
149 |
|
3 |
148 |
|
4 |
113 |
|
1 |
117 |
4 |
2 |
114 |
|
3 |
113 |
|
4 |
86 |
|
1 |
85 |
5 |
2 |
78 |
|
3 |
77 |
|
4 |
52 |
|
1 |
43 |
6 |
2 |
39 |
|
3 |
39 |
|
4 |
37 |
|
1 |
21 |
7 |
2 |
21 |
|
3 |
20 |
|
4 |
20 |
8 |
|
1 |
(3) On or before December 31, 2001, the department shall adjust by rule under chapter 34.05 RCW, the forest land values contained in subsection (2) of this section in accordance with this subsection, and shall certify the adjusted values to the assessor who will use these values in preparing the assessment roll as of January 1, 2002. For the adjustment to be made on or before December 31, 2001, for use in the 2002 assessment year, the department shall:
(a) Divide the aggregate value of all timber harvested within the state between July 1, 1996, and June 30, 2001, by the aggregate harvest volume for the same period, as determined from the harvester excise tax returns filed with the department under RCW 84.33.074; and
(b) Divide the aggregate value of all timber harvested within the state between July 1, 1995, and June 30, 2000, by the aggregate harvest volume for the same period, as determined from the harvester excise tax returns filed with the department under RCW 84.33.074; and
(c) Adjust the forest land values contained in subsection (2) of this section by a percentage equal to one-half of the percentage change in the average values of harvested timber reflected by comparing the resultant values calculated under (a) and (b) of this subsection.
(4) For the adjustments to be made on or before December 31, 2002, and each succeeding year thereafter, the same procedure described in subsection (3) of this section shall be followed using harvester excise tax returns filed under RCW 84.33.074. However, this adjustment shall be made to the prior year's adjusted value, and the five-year periods for calculating average harvested timber values shall be successively one year more recent.
(5) Land graded, assessed, and valued as forest land shall continue to be so graded, assessed, and valued until removal of designation by the assessor upon the occurrence of any of the following:
(a) Receipt of notice from the owner to remove the designation;
(b) Sale or transfer to an ownership making the land exempt from ad valorem taxation;
(c) Sale or transfer of all or a portion of the land to a new owner, unless the new owner has signed a notice of forest land designation continuance, except transfer to an owner who is an heir or devisee of a deceased owner, shall not, by itself, result in removal of designation. The signed notice of continuance shall be attached to the real estate excise tax affidavit provided for in RCW 82.45.150. The notice of continuance shall be on a form prepared by the department. If the notice of continuance is not signed by the new owner and attached to the real estate excise tax affidavit, all compensating taxes calculated under subsection (11) of this section shall become due and payable by the seller or transferor at time of sale. The auditor shall not accept an instrument of conveyance regarding designated forest land for filing or recording unless the new owner has signed the notice of continuance or the compensating tax has been paid, as evidenced by the real estate excise tax stamp affixed thereto by the treasurer. The seller, transferor, or new owner may appeal the new assessed valuation calculated under subsection (11) of this section to the county board of equalization in accordance with the provisions of RCW 84.40.038. Jurisdiction is hereby conferred on the county board of equalization to hear these appeals;
(d) Determination by the assessor, after giving the owner written notice and an opportunity to be heard, that:
(i) The land is no longer primarily devoted to and used for growing and harvesting timber. However, land shall not be removed from designation if a governmental agency, organization, or other recipient identified in subsection (13) or (14) of this section as exempt from the payment of compensating tax has manifested its intent in writing or by other official action to acquire a property interest in the designated forest land by means of a transaction that qualifies for an exemption under subsection (13) or (14) of this section. The governmental agency, organization, or recipient shall annually provide the assessor of the county in which the land is located reasonable evidence in writing of the intent to acquire the designated land as long as the intent continues or within sixty days of a request by the assessor. The assessor may not request this evidence more than once in a calendar year;
(ii) The owner has failed to comply with a final administrative or judicial order with respect to a violation of the restocking, forest management, fire protection, insect and disease control, and forest debris provisions of Title 76 RCW or any applicable rules under Title 76 RCW; or
(iii) Restocking has not occurred to the extent or within the time specified in the application for designation of such land.
(6) Land shall not be removed from designation if there is a governmental restriction that prohibits, in whole or in part, the owner from harvesting timber from the owner's designated forest land. If only a portion of the parcel is impacted by governmental restrictions of this nature, the restrictions cannot be used as a basis to remove the remainder of the forest land from designation under this chapter. For the purposes of this section, "governmental restrictions" includes: (a) Any law, regulation, rule, ordinance, program, or other action adopted or taken by a federal, state, county, city, or other governmental entity; or (b) the land's zoning or its presence within an urban growth area designated under RCW 36.70A.110.
(7) The assessor shall have the option of requiring an owner of forest land to file a timber management plan with the assessor upon the occurrence of one of the following:
(a) An application for designation as forest land is submitted; or
(b) Designated forest land is sold or transferred and a notice of continuance, described in subsection (5)(c) of this section, is signed.
(8) If land is removed from designation because of any of the circumstances listed in subsection (5)(a) through (c) of this section, the removal shall apply only to the land affected. If land is removed from designation because of subsection (5)(d) of this section, the removal shall apply only to the actual area of land that is no longer primarily devoted to the growing and harvesting of timber, without regard to any other land that may have been included in the application and approved for designation, as long as the remaining designated forest land meets the definition of forest land contained in RCW 84.33.035.
(9) Within thirty days after the removal of designation as forest land, the assessor shall notify the owner in writing, setting forth the reasons for the removal. The seller, transferor, or owner may appeal the removal to the county board of equalization in accordance with the provisions of RCW 84.40.038.
(10) Unless the removal is reversed on appeal a copy of the notice of removal with a notation of the action, if any, upon appeal, together with the legal description or assessor's parcel numbers for the land removed from designation shall, at the expense of the applicant, be filed by the assessor in the same manner as deeds are recorded and a notation of removal from designation shall immediately be made upon the assessment and tax rolls. The assessor shall revalue the land to be removed with reference to its true and fair value as of January 1st of the year of removal from designation. Both the assessed value before and after the removal of designation shall be listed. Taxes based on the value of the land as forest land shall be assessed and payable up until the date of removal and taxes based on the true and fair value of the land shall be assessed and payable from the date of removal from designation.
(11) Except as provided in subsection (5)(c), (13), or (14) of this section, a compensating tax shall be imposed on land removed from designation as forest land. The compensating tax shall be due and payable to the treasurer thirty days after the owner is notified of the amount of this tax. As soon as possible after the land is removed from designation, the assessor shall compute the amount of compensating tax and mail a notice to the owner of the amount of compensating tax owed and the date on which payment of this tax is due. The amount of compensating tax shall be equal to the difference between the amount of tax last levied on the land as designated forest land and an amount equal to the new assessed value of the land multiplied by the dollar rate of the last levy extended against the land, multiplied by a number, in no event greater than nine, equal to the number of years for which the land was designated as forest land, plus compensating taxes on the land at forest land values up until the date of removal and the prorated taxes on the land at true and fair value from the date of removal to the end of the current tax year.
(12) Compensating tax, together with applicable interest thereon, shall become a lien on the land which shall attach at the time the land is removed from designation as forest land and shall have priority to and shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the land may become charged or liable. The lien may be foreclosed upon expiration of the same period after delinquency and in the same manner provided by law for foreclosure of liens for delinquent real property taxes as provided in RCW 84.64.050. Any compensating tax unpaid on its due date shall thereupon become delinquent. From the date of delinquency until paid, interest shall be charged at the same rate applied by law to delinquent ad valorem property taxes.
(13) The compensating tax specified in subsection (11) of this section shall not be imposed if the removal of designation under subsection (5) of this section resulted solely from:
(a) Transfer to a government entity in exchange for other forest land located within the state of Washington;
(b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power;
(c) A donation of fee title, development rights, or the right to harvest timber, to a government agency or organization qualified under RCW 84.34.210 and 64.04.130 for the purposes enumerated in those sections, or the sale or transfer of fee title to a governmental entity or a nonprofit nature conservancy corporation, as defined in RCW 64.04.130, exclusively for the protection and conservation of lands recommended for state natural area preserve purposes by the natural heritage council and natural heritage plan as defined in chapter 79.70 RCW or approved for state natural resources conservation area purposes as defined in chapter 79.71 RCW. At such time as the land is not used for the purposes enumerated, the compensating tax specified in subsection (11) of this section shall be imposed upon the current owner;
(d) The sale or transfer of fee title to the parks and recreation commission for park and recreation purposes;
(e) Official action by an agency of the state of Washington or by the county or city within which the land is located that disallows the present use of the land;
(f) The creation, sale, or transfer of forestry riparian easements under RCW 76.13.120;
(g) The creation, sale, or transfer of a fee interest or a conservation easement for the riparian open space program under RCW 76.09.040;
(h) The sale or transfer of land within two years after the death of the owner of at least a fifty percent interest in the land if the land has been assessed and valued as classified forest land, designated as forest land under this chapter, or classified under chapter 84.34 RCW continuously since 1993. The date of death shown on a death certificate is the date used for the purposes of this subsection (13)(h); or
(i) The sale or transfer of land after the death of the owner of at least a fifty percent interest in the land if the land has been assessed and valued as classified forest land, designated as forest land under this chapter, or classified under chapter 84.34 RCW continuously since 1993 and the sale or transfer takes place after July 22, 2001, and on or before July 22, 2003, and the death of the owner occurred after January 1, 1991. The date of death shown on a death certificate is the date used for the purposes of this subsection (13)(i).
(14) In a county with a population of more than one million inhabitants, the compensating tax specified in subsection (11) of this section shall not be imposed if the removal of designation as forest land under subsection (5) of this section resulted solely from:
(a) An action described in subsection (13) of this section; or
(b) A transfer of a property interest to a government entity, or to a nonprofit historic preservation corporation or nonprofit nature conservancy corporation, as defined in RCW 64.04.130, to protect or enhance public resources, or to preserve, maintain, improve, restore, limit the future use of, or otherwise to conserve for public use or enjoyment, the property interest being transferred. At such time as the property interest is not used for the purposes enumerated, the compensating tax shall be imposed upon the current owner.
Sec. 13. RCW 77.12.203 and 1990 1st ex.s. c 15 s 11 are each amended to read as follows:
(1) Notwithstanding RCW 84.36.010 or other statutes to the contrary, the director shall pay by April 30th of each year on game lands in each county, if requested by an election under RCW 77.12.201, an amount in lieu of real property taxes equal to that amount paid on similar parcels of open space land taxable under chapter 84.34 RCW or the greater of seventy cents per acre per year or the amount paid in 1984 plus an additional amount for control of noxious weeds equal to that which would be paid if such lands were privately owned. This amount shall not be assessed or paid on department buildings, structures, facilities, game farms, fish hatcheries, tidelands, or public fishing areas of less than one hundred acres.
(2) "Game lands," as used in this section and RCW 77.12.201, means those tracts one hundred acres or larger owned in fee by the department and used for wildlife habitat and public recreational purposes. All lands purchased for wildlife habitat, public access or recreation purposes with federal funds in the Snake River drainage basin shall be considered game lands regardless of acreage.
(3) This section shall not apply to lands transferred after April 23, 1990, to the department from other state agencies.
(4) The county shall distribute the amount received under this section in lieu of real property taxes to all property taxing districts except the state in appropriate tax code areas the same way it would distribute local property taxes from private property. The county shall distribute the amount received under this section for weed control to the appropriate weed district.
NEW SECTION. Sec. 14. This act takes effect July 1, 2005."
Correct the title.
Representative Cox moved the adoption of amendment (982) to amendment (969):
On page 3 of the amendment, after line 26, insert the following:
"(6) The department of natural resources shall not purchase productive agriculture land in this state with grants received under this chapter unless the land has been advertised for at least ninety days through a Washington state real estate brokerage firm."
Renumber remaining subsections consecutively and correct internal references accordingly.
Representative Cox spoke in favor of the adoption of the amendment to the amendment.
Representative Dunshee spoke against the adoption of the amendment to the amendment.
The amendment to the amendment was not adopted.
Representative Orcutt moved the adoption of amendment (974) to amendment (969):
On page 5 of the amendment, after line 2, insert the following:
"(6) When any state agency receives a grant to acquire timber land under this section after the effective date of this act, the agency is subject to a timber severance charge as follows:
the agency shall pay an amount equal to five percent of the value of the timber on the acquired property to the appropriate county within sixty days of acquiring the land. A county receiving a payment under this subsection shall distribute the amount received to all property taxing districts except the state in appropriate tax code areas the same way it would distribute local property taxes from private property."
Representative Orcutt spoke in favor of the adoption of the amendment to the amendment.
Representative Dunshee spoke against the adoption of the amendment to the amendment.
The amendment to the amendment was not adopted.
Representatives Mastin and Dunshee spoke in favor of amendment (969).
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Mastin and Dunshee spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2275.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2275 and the bill passed the House by the following vote: Yeas - 64, Nays - 33, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Bailey, Blake, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schual-Berke, Sehlin, D. Simpson, G. Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, and Mr. Speaker - 64.
Voting nay: Representatives Ahern, Alexander, Armstrong, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Holmquist, Kristiansen, McDonald, McMahan, McMorris, Orcutt, Pearson, Roach, Schindler, Schoesler, Shabro, Skinner, Sump, Talcott and Woods - 33.
Excused: Representative Mielke - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2275, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2689, By Representatives Eickmeyer, Buck, Miloscia, Schoesler, Hatfield, Armstrong, Haigh, Skinner, Kessler, Orcutt, Grant, Pearson, Ruderman, Campbell, Blake, Fromhold, Kenney, Woods, Linville and Rockefeller; by request of Governor Locke
Extending tax incentives in rural counties expiring in 2003 or 2004.
The bill was read the second time. There being no objection, Substitute House Bill No. 2689 was substituted for House Bill No. 2689 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2689 was read the second time.
Representative Sehlin moved the adoption of amendment (972):
On page On page 4, line 29, strike all of subsection (f) and insert the following:
"(f) "Rural county" means the same as in RCW 82.14.370."
On page 6, line 19, strike all of subsection (b) and insert the following:
"(b) "Rural county" means the same as in RCW 82.14.370."
On page 6, line 31, strike all of subsection (3) and insert the following:
"(3) "Eligible area" means a ((county with fewer than one hundred persons per square mile as determined annually by the office of financial management and published by the department of revenue effective for the period July 1st through June 30th)) rural county as defined in RCW 82.14.370."
Representatives Sehlin and McIntire spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Kessler moved the adoption of amendment (884):
On page 6, line 35, strike "that portion of"
On page 6, beginning on line 36, after "project" strike all material through "(i) In" on page 7, line 1 and insert "in"
On page 7, beginning on line 2, after "section" strike all material through "requested" on line 5
On page 9, line 25, after "each" strike all material through "fifteen" and insert "seven hundred fifty"
Beginning on page 11, line 36, after "(3)" strike all material through "(4)" on page 12, line 4
Renumber remaining subsection consecutively.
Representatives Kessler and Cairnes spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Eickmeyer, Orcutt, McIntire, Mastin and McDonald spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2689.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2689 and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.
Voting nay: Representatives Moeller and Ormsby - 2.
Excused: Representative Mielke - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2689, having received the necessary constitutional majority, was declared passed.
The Speaker assumed the chair.
HOUSE BILL NO. 2786, By Representatives Cody, Campbell, Morrell, Schual-Berke, Lantz, Clibborn, G. Simpson, Moeller, Upthegrove and Kagi
Improving patient safety practices.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2786 was substituted for House Bill No. 2786 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 2786 was read the second time.
Representative Cody moved the adoption of amendment (968):
On page 3, line 9, after "program" insert "and the department shall assure that all rules relating to coordinated quality improvement programs and the sharing of individually identifiable patient information by these programs comply with these laws"
On page 6, line 4, after "program" insert "and the department shall assure that all rules relating to coordinated quality improvement programs and the sharing of individually identifiable patient information by these programs comply with these laws"
On page 9, line 15, after "program" insert "and the department shall assure that all rules relating to coordinated quality improvement programs and the sharing of individually identifiable patient information by these programs comply with these laws"
Representative Cody spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Cody and Bailey spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2786.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2786 and the bill passed the House by the following vote: Yeas - 78, Nays - 20, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Bailey, Benson, Blake, Boldt, Bush, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Cox, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 78.
Voting nay: Representatives Alexander, Anderson, Armstrong, Buck, Chandler, Clements, Condotta, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Nixon, Roach, Rodne, Schindler, Sehlin and Woods - 20.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2786, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3197, By Representatives Schual-Berke, Kagi, Cody, Lantz, Morrell, Clibborn and Rockefeller
Requiring the reporting and analysis of medical malpractice related information.
The bill was read the second time.
Representative Carrell moved the adoption of amendment (986):
On page 2, line 8, after "(7)" insert ""Legal services provider" means an attorney licensed or otherwise authorized to practice law in Washington and any professional services corporation or other entity that provides legal services to a claimant.
(8)"
On page 3, line 26, after "damages," insert "as defined in RCW 4.56.250,"
On page 3, line 28, after "damages" insert ", as defined in RCW 4.56.250"
On page 5, after line 25, insert the following:
"NEW SECTION. Sec. 6. (1) Beginning on March 1, 2005, every legal services provider that provides legal services to a claimant in Washington state with the expectation of receiving compensation under a contract or other agreement for providing such services must report to the commissioner by the first of each month any claim related to medical malpractice for which the legal services provider provided legal services, if the claim resulted in a final:
(a) Judgment in any amount;
(b) Settlement in any amount; or
(c) Disposition of a medical malpractice claim resulting in no payment obtained by the legal services provider by or on behalf of a claimant for whom the legal services provider provided services.
(2) Reports under this section must be filed with the commissioner within thirty days after the claim is resolved.
(3) The commissioner may impose a fine against any legal services provider that violates the requirements of this section.
NEW SECTION. Sec. 7. The reports required under section 6 of this act must contain the following data in a form prescribed by the commissioner for each claim:
(1) The legal services provider's name, address, professional license number, and type of legal practice or expertise for which the legal services provider has malpractice insurance; the name of the legal services provider's firm, if not a sole practitioner, and the location of the legal services provider's main place of business; and the names and professional license numbers, if applicable, of all other legal services providers providing services to the claimant relating to the claim. This information is confidential and exempt from public disclosure, but may be disclosed publicly if the provider or firm provides written consent;
(2) The date the claimant entered into a legal services contract or other agreement with the legal services provider;
(3) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal services properly;
(4) The fee customarily charged in the locality for similar legal services;
(5) The experience, reputation, and ability of the legal services provider or providers performing the legal services;
(6) Whether the fee for the legal services was fixed or contingent;
(7) Whether the fixed or contingent fee agreement was in writing;
(8) The terms of the fee agreement;
(9) The name and address of the claimant. This information is confidential and exempt from public disclosure, but may be disclosed publicly, if the claimant provides written consent;
(10) The date of suit, if filed;
(11) The claimant's age and sex;
(12) Specific information about the judgment or settlement including:
(a) The date and amount of any judgment or settlement;
(b) Whether the settlement:
(i) Was the result of an arbitration, judgment, or mediation; and
(ii) Occurred before or after trial;
(c) The dollar amount originally demanded, designated, or sought in any judgment or settlement;
(d) The dollar amount actually obtained in any judgment or settlement;
(e) The dollar amount of any judgment or settlement that was paid out to the claimant;
(f) An itemization of:
(i) Economic damages, as defined in RCW 4.56.250, including incurred and anticipated medical expense and lost wages;
(ii) Noneconomic damages, as defined in RCW 4.56.250;
(iii) Loss adjustment expense, including but not limited to court costs, attorneys' fees, and costs of expert witnesses;
(g) If there is no judgment or settlement:
(i) The date and reason for final disposition; and
(ii) The date the case was closed;
(13) A summary of the occurrence that created the claim, which must include:
(a) The final diagnosis for which the patient sought or received treatment;
(b) A description of any misdiagnosis made by the provider of the actual condition of the patient;
(c) The operation, diagnostic, or treatment procedure that caused the injury; and
(d) A description of the principal injury that led to the claim; and
(14) Any other information required by the commissioner, by rule, that helps the commissioner analyze and evaluate the nature, causes, location, cost, and damages involved in medical malpractice cases.
NEW SECTION. Sec. 8. Beginning in 2006, the commissioner must prepare an annual report by June 30th that summarizes and analyzes the reports for medical malpractice filed by legal services providers under section 6 of this act. The report must include an analysis of reports of prior years for which data are collected and must show:
(1) Trends in the availability, quality, and cost of legal services provided to claimants;
(2) The proportionate share of settlements or awards that go to legal services providers; and
(3) The proportionate share of settlements or awards that are received by claimants.
NEW SECTION. Sec. 9. Nothing in sections 6 though 8 of this act require a legal services provider to disclose information that is protected by the attorney-client privilege under RCW 5.60.060(2)."
On page 5, line 28, strike "6" and insert "10"
Renumber the remaining sections consecutively and correct internal references accordingly.
Representatives Carrell, Benson, Schual-Berke and Carrell (again) spoke in favor of the adoption of the amendment.
Representative G. Simpson spoke against the adoption of the amendment.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker stated the question before the House to be adoption of amendment (986) to House Bill No. 3197.
ROLL CALL
The Clerk called the roll on the adoption of amendment (986) to House Bill No. 3197, and the amendment was not adopted by the following vote: Yeas - 48, Nays - 50, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Linville, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 48.
Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 50.
Representative Schual-Berke moved the adoption of amendment (995):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Claim" means a demand for payment of a loss caused by medical malpractice.
(a) Two or more claims arising out of a single injury or incident of medical malpractice is one claim.
(b) A series of related incidents of medical malpractice is one claim.
(2) "Claimant" means a person filing a claim against a health care provider or health care facility.
(3) "Commissioner" means the insurance commissioner.
(4) "Health care facility" or "facility" means a clinic, diagnostic center, hospital, laboratory, mental health center, nursing home, office, surgical facility, treatment facility, or similar place where a health care provider provides health care to patients.
(5) "Health care provider" or "provider" means a health care provider as defined in RCW 48.43.005.
(6) "Insuring entity" means:
(a) An insurer;
(b) A joint underwriting association;
(c) A risk retention group; or
(d) An unauthorized insurer that provides surplus lines coverage.
(7) "Medical malpractice" means a negligent act, error, or omission in providing or failing to provide professional health care services, failure to obtain informed consent, or breach of promise of a particular result.
NEW SECTION. Sec. 2. (1) Beginning on April 1, 2005, every insuring entity or self-insurer that provides medical malpractice insurance to any facility or provider in Washington state must report to the commissioner by the first of each quarter any claim related to medical malpractice, if the claim resulted in a final:
(a) Judgment in any amount;
(b) Settlement in any amount; or
(c) Disposition of a medical malpractice claim resulting in no indemnity payment on behalf of an insured.
(2) If a claim is not reported by an insuring entity or self-insurer under subsection (1) of this section due to limitations in the medical malpractice coverage of a facility or provider, the facility or provider must report the claim to the commissioner.
(3) Reports under this section must be filed with the commissioner within sixty days after the claim is resolved.
(4)(a) The commissioner may impose a fine of up to two hundred fifty dollars per day per case against any insuring entity or surplus lines producer that violates the requirements of this section. The total fine per case may not exceed ten thousand dollars.
(b) The department of health may impose a fine of up to two hundred fifty dollars per day per case against any facility or provider that violates the requirements of this section. The total fine per case may not exceed ten thousand dollars.
NEW SECTION. Sec. 3. The reports required under section 2 of this act must contain the following data in a form prescribed by the commissioner for each claim:
(1) The health care provider's name, address, provider professional license number, and type of medical specialty for which the provider is insured; the name of the facility, if any, and the location within the facility where the injury occurred; and the names and professional license numbers if applicable, of all defendants involved in the claim. This information is confidential and exempt from public disclosure, but may be disclosed:
(a) Publicly, if the provider or facility provides written consent; or
(b) To the commissioner at any time for the purpose of identifying multiple or duplicate claims arising out of the same occurrence;
(2) The provider or facility policy number or numbers;
(3) The date of the loss;
(4) The date the claim was reported to the insuring entity, self-insurer, facility, or provider;
(5) The name and address of the claimant. This information is confidential and exempt from public disclosure, but may be disclosed:
(a) Publicly, if the claimant provides written consent; or
(b) To the commissioner at any time for the purpose of identifying multiple or duplicate claims arising out of the same occurrence;
(6) The date of suit, if filed;
(7) The claimant's age and sex;
(8) Specific information about the judgment or settlement including:
(a) The date and amount of any judgment or settlement;
(b) Whether the settlement:
(i) Was the result of an arbitration, judgment, or mediation; and
(ii) Occurred before or after trial;
(c) An itemization of:
(i) Economic damages, such as incurred and anticipated medical expense and lost wages;
(ii) Noneconomic damages;
(iii) Allocated loss adjustment expense, including but not limited to court costs, attorneys' fees, and costs of expert witnesses; and
(d) If there is no judgment or settlement:
(i) The date and reason for final disposition; and
(ii) The date the claim was closed;
(9) A summary of the occurrence that created the claim, which must include:
(a) The final diagnosis for which the patient sought or received treatment;
(b) A description of any misdiagnosis made by the provider of the actual condition of the patient;
(c) The operation, diagnostic, or treatment procedure that caused the injury;
(d) A description of the principal injury that led to the claim; and
(e) The safety management actions the facility or provider has taken to make similar occurrences or injuries less likely in the future. This reporting requirement does not create a legal duty on the part of a facility or provider to implement safety management actions; and
(10) Any other information required by the commissioner, by rule, that helps the commissioner analyze and evaluate the nature, causes, location, cost, and damages involved in medical malpractice cases.
NEW SECTION. Sec. 4. The commissioner must prepare aggregate statistical summaries of closed claims based on calendar year data submitted under section 2 of this act.
(1) At a minimum, data must be sorted by calendar year and calendar accident year. The commissioner may also decide to display data in other ways.
(2) The summaries must be available by March 31st of each year.
NEW SECTION. Sec. 5. Beginning in 2006, the commissioner must prepare an annual report by June 30th that summarizes and analyzes the closed claim reports for medical malpractice filed under section 2 of this act and the annual financial reports filed by insurers writing medical malpractice insurance in this state. The report must include:
(1) An analysis of closed claim reports of prior years for which data are collected and show:
(a) Trends in the frequency and severity of claims payments;
(b) An itemization of economic and noneconomic damages;
(c) The types of medical malpractice for which claims have been paid; and
(d) Any other information the commissioner determines illustrates trends in closed claims;
(2) An analysis of the medical malpractice insurance market in Washington state, including:
(a) An analysis of the financial reports of the insurers with a combined market share of at least ninety percent of net written medical malpractice premium in Washington state for the prior calendar year;
(b) A loss ratio analysis of medical malpractice insurance written in Washington state; and
(c) A profitability analysis of each insurer writing medical malpractice insurance;
(3) A comparison of loss ratios and the profitability of medical malpractice insurance in Washington state to other states based on financial reports filed with the national association of insurance commissioners and any other source of information the commissioner deems relevant;
(4) A summary of the rate filings for medical malpractice that have been approved by the commissioner for the prior calendar year, including an analysis of the trend of direct and incurred losses as compared to prior years;
(5) The commissioner must post reports required by this section on the internet no later than thirty days after they are due; and
(6) The commissioner may adopt rules that require insuring entities and self-insurers required to report under section 2(1) of this act to report data related to:
(a) The frequency and severity of open claims for the reporting period;
(b) The aggregate amounts reserved for incurred claims;
(c) Changes in reserves from the previous reporting period; and
(d) Any other information that helps the commissioner monitor losses and claims development in the Washington state medical malpractice insurance market.
NEW SECTION. Sec. 6. The commissioner shall adopt all rules needed to implement this chapter. To ensure that claimants and health care providers cannot be individually identified when data is disclosed to the public, the commissioner shall adopt rules that require the protection of information that, in combination, could result in the ability to identify the claimant or health care provider in a particular claim.
NEW SECTION. Sec. 7. A new section is added to chapter 7.70 RCW to read as follows:
In any action filed under this chapter that results in a final:
(1) Judgment in any amount;
(2) Settlement in any amount; or
(3) Disposition resulting in no indemnity payment,
the claimant or his or her attorney shall report to the office of the insurance commissioner on forms provided by the commissioner any court costs, attorneys' fees, or costs of expert witnesses incurred in pursuing the action.
NEW SECTION. Sec. 8. Sections 1 through 6 of this act constitute a new chapter in Title 48 RCW.
NEW SECTION. Sec. 9. 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."
Correct the title.
Representative Schual-Berke moved the adoption of amendment (1000) to amendment (995):
On page 5 of the amendment, at the beginning of line 35, insert "(1)"
On page 6 of the amendment, line 1, strike "(1)" and insert "(a)"
On page 6 of the amendment, line 2, strike "(2)" and insert "(b)"
On page 6 of the amendment, line 3, strike "(3)" and insert "(c)"
On page 6 of the amendment, after line 7, insert the following:
"(2) The commissioner may adopt rules requiring the submission of any other information that would help the commissioner analyze and evaluate the costs involved in medical malpractice cases."
Representatives Schual-Berke and Carrell spoke in favor of the adoption of the amendment to the amendment.
The amendment to the amendment was adopted.
The amendment as amended was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Schual-Berke, G. Simpson, Schual-Berke (again) and G. Simpson (again) spoke in favor of passage of the bill.
Representatives Carrell, Benson, Bailey, Ahern, Anderson, Clements and McMahan spoke against the passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 3197.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 3197 and the bill passed the House by the following vote: Yeas - 52, Nays - 46, Absent - 0, Excused - 0.
Voting yea: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 52.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 46.
ENGROSSED HOUSE BILL NO. 3197, having received the necessary constitutional majority, was declared passed.
ENGROSSED HOUSE BILL NO. 1926, By Representatives Lantz, Clibborn, Moeller, Schual-Berke, Cody, Morrell, Rockefeller, Kirby, Lovick, Kenney, Linville, Veloria, Conway, G. Simpson, Sommers and Haigh
Limiting the use of expert witnesses.
The bill was read the second time.
Representative Lantz moved the adoption of amendment (946):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 7.70 RCW to read as follows:
(1) In an action against a health care provider under this chapter, an expert may not provide testimony at trial, or execute a certificate of merit required under this chapter, unless the expert meets the following criteria:
(a) Has expertise in the medical condition at issue in the action; and
(b) At the time of the occurrence of the incident at issue in the action, was either:
(i) Engaged in active practice in the same or similar area of practice or specialty as the defendant; or
(ii) Teaching at an accredited medical school or an accredited or affiliated academic or clinical training program in the same or similar area of practice or specialty as the defendant, including instruction regarding the particular condition at issue.
(2) Upon motion of a party, the court may waive the requirements of subsection (1) of this section and allow an expert who does not meet those requirements to testify at trial or execute a certificate of merit required under this chapter if the court finds that:
(a) Extensive efforts were made by the party to locate an expert who meets the criteria under subsection (1) of this section, but none was willing and available to testify; and
(b) The proposed expert is qualified to be an expert witness by virtue of the person's training, experience, and knowledge.
NEW SECTION. Sec. 2. A new section is added to chapter 7.70 RCW to read as follows:
An expert opinion provided in the course of an action against a health care provider under this chapter must be corroborated by admissible evidence, such as, but not limited to, treatment or practice protocols or guidelines developed by medical specialty organizations, objective academic research, clinical trials or studies, or widely accepted clinical practices.
NEW SECTION. Sec. 3. A new section is added to chapter 7.70 RCW to read as follows:
In any action under this chapter, each side shall presumptively be entitled to only two independent experts on an issue, except upon a showing of good cause. Where there are multiple parties on a side and the parties cannot agree as to which independent experts will be called on an issue, the court, upon a showing of good cause, shall allow additional experts on an issue to be called as the court deems appropriate.
NEW SECTION. Sec. 4. A new section is added to chapter 7.70 RCW to read as follows:
In an action under this chapter, all parties shall submit a pretrial expert report pursuant to time frames provided in court rules. The expert report must disclose the identity of all expert witnesses and state the nature of the opinions the expert witnesses will present as testimony at trial. Further depositions of these expert witnesses is prohibited. The testimony that an expert witness may present at trial is limited in nature to the opinions disclosed to the court as part of the pretrial expert report. The legislature respectfully requests that the supreme court adopt rules to implement the provisions of this section.
NEW SECTION. Sec. 5. A new section is added to chapter 7.70 RCW to read as follows:
(1) In an action against an individual health care provider under this chapter for personal injury or wrongful death in which the injury is alleged to have been caused by an act or omission that violates the accepted standard of care, the plaintiff must file a certificate of merit at the time of commencing the action.
(2) The certificate of merit must be executed by a health care provider who meets the qualifications of an expert under section 8 of this act. If there is more than one defendant in the action, the person commencing the action must file a certificate of merit for each defendant.
(3) The certificate of merit must contain a statement that the person executing the certificate of merit believes, based on the information known at the time of executing the certificate of merit, that there is a reasonable probability that the defendant's conduct did not follow the accepted standard of care required to be exercised by the defendant.
(4) Upon motion of the plaintiff, the court may grant an additional period of time to file the certificate of merit, not to exceed ninety days, if the court finds there is good cause for the extension."
Correct the title.
Representative McMahan moved the adoption of amendment (980) to amendment (946):
On page 2, line 11 of the amendment, after "each" strike "side" and insert "party"
On page 2, line 12 of the amendment, after "only" strike "two" and insert "one"
On page 2, line 12 of the amendment, after "independent" strike "experts" and insert "expert"
On page 2, beginning on line 13 of the amendment, after "cause." strike all material through "the" on line 15 and insert "The"
Representatives McMahan and Carrell spoke in favor of the adoption of the amendment to the amendment.
Representative Lantz spoke against the adoption of the amendment to the amendment.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker stated the question before the House to be adoption of amendment (980) to amendment (946) to Engrossed House Bill No. 1926.
ROLL CALL
The Clerk called the roll on the adoption of amendment (980) to amendment (946) to Engrossed House Bill No. 1926, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 51, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 47.
Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 51.
Representative Carrell moved the adoption of amendment (983) to amendment (946):
On page 2, line 23 of the amendment, before "and state" insert "whose testimony will be presented at trial"
On page 2, line 24 of the amendment, after "trial." strike "Further" and insert "If agreed to by all parties, further"
Representative Carrell spoke in favor of the adoption of the amendment to the amendment.
Representative Lantz spoke against the adoption of the amendment to the amendment.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker stated the question before the House to be adoption of amendment (983) to amendment (946) to Engrossed House Bill No. 1926.
ROLL CALL
The Clerk called the roll on the adoption of amendment (983) to amendment (946) to Engrossed House Bill No. 1926, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 52, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 46.
Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 52.
The amendment (946) as amended was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lantz and Schual-Berke spoke in favor of passage of the bill.
Representative Carrell spoke against the passage of the bill.
The Speaker stated the question before the House to be the final passage of Second Engrossed House Bill No. 1926.
ROLL CALL
The Clerk called the roll on the final passage of Second Engrossed House Bill No. 1926 and the bill passed the House by the following vote: Yeas - 56, Nays - 42, Absent - 0, Excused - 0.
Voting yea: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 56.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Kristiansen, Mastin, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott and Woods - 42.
SECOND ENGROSSED HOUSE BILL NO. 1926, having received the necessary constitutional majority, was declared passed.
ENGROSSED HOUSE BILL NO. 1927, By Representatives Lantz, Schual-Berke, Clibborn, Campbell, Moeller, Cody, Morrell, Rockefeller, Kirby, Lovick, Kenney, Linville, Veloria, Conway, G. Simpson, Sommers and Haigh
Concerning mandatory mediation and arbitration of health care claims. (REVISED FOR ENGROSSED: Concerning mandatory mediation of health care claims.)
The bill was read the second time.
Representative Lantz moved the adoption of amendment (945):
Beginning on page 1, line 4, strike all of section 1 and insert the following:
"Sec. 1. RCW 7.70.100 and 1993 c 492 s 419 are each amended to read as follows:
(1) No action based upon a health care provider's professional negligence may be commenced unless the defendant has been given at least ninety days' notice of the intention to commence the action. If the notice is served within ninety days of the expiration of the applicable statute of limitations, the time for the commencement of the action must be extended ninety days from the service of the notice.
(2) The provisions of subsection (1) of this section are not applicable with respect to any defendant whose name is unknown to the plaintiff at the time of filing the complaint and who is identified therein by a fictitious name.
(3) After the filing of the ninety-day presuit notice, and before a superior court trial, all causes of action, whether based in tort, contract, or otherwise, for damages arising from injury occurring as a result of health care provided after July 1, 1993, shall be subject to mandatory mediation prior to trial except as provided in subsection (6) of this section.
(((2))) (4) The supreme court shall by rule adopt procedures to implement mandatory mediation of actions under this chapter. The rules shall require mandatory mediation without exception unless subsection (6) of this section applies. The rules on mandatory mediation shall address, at a minimum:
(a) Procedures for the appointment of, and qualifications of, mediators. A mediator shall have experience or expertise related to actions arising from injury occurring as a result of health care, and be a member of the state bar association who has been admitted to the bar for a minimum of five years or who is a retired judge. The parties may stipulate to a nonlawyer mediator. The court may prescribe additional qualifications of mediators;
(b) Appropriate limits on the amount or manner of compensation of mediators;
(c) The number of days following the filing of a claim under this chapter within which a mediator must be selected;
(d) The method by which a mediator is selected. The rule shall provide for designation of a mediator by the superior court if the parties are unable to agree upon a mediator;
(e) The number of days following the selection of a mediator within which a mediation conference must be held; and
(f) ((A means by which mediation of an action under this chapter may be waived by a mediator who has determined that the claim is not appropriate for mediation; and
(g))) Any other matters deemed necessary by the court.
(((3))) (5) Mediators shall not impose discovery schedules upon the parties.
(6) The mandatory mediation requirement of subsection (4) of this section does not apply to an action subject to mandatory arbitration under chapter 7.06 RCW or to an action in which the parties have agreed, subsequent to the arisal of the claim, to submit the claim to arbitration under chapter 7.04 RCW.
(7) The legislature respectfully requests that the supreme court by rule also adopt procedures for the parties to certify to the court the manner of mediation used by the parties to comply with this section."
The amendment was adopted.
With the consent of the House, amendment (984) was withdrawn.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lantz, Cody, Rockefeller, G. Simpson and Ruderman spoke in favor of passage of the bill.
Representatives Anderson, Carrell, Bailey, Benson and Carrell (again) spoke against the passage of the bill.
The Speaker stated the question before the House to be the final passage of Second Engrossed House Bill No. 1927.
ROLL CALL
The Clerk called the roll on the final passage of Second Engrossed House Bill No. 1927 and the bill passed the House by the following vote: Yeas - 59, Nays - 39, Absent - 0, Excused - 0.
Voting yea: Representatives Blake, Bush, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 59.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, Mastin, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Sump, Talcott, Tom and Woods - 39.
SECOND ENGROSSED HOUSE BILL NO. 1927, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1928, By House Committee on Judiciary (originally sponsored by Representatives Lantz, Carrell, McMahan, Clibborn, Campbell, Moeller, Schual-Berke, Cody, Newhouse, Morrell, Rockefeller, Kirby, Lovick, Kenney, Linville, Veloria, Conway, G. Simpson, Sommers and Haigh)
Changing provisions relating to parties liable for damages in actions under chapter 7.70 RCW.
The bill was read the second time.
Representative Lantz moved the adoption of amendment (944):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 4.22.070 and 1993 c 496 s 1 are each amended to read as follows:
(1) In all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant's damages except entities immune from liability to the claimant under Title 51 RCW. The sum of the percentages of the total fault attributed to at- fault entities shall equal one hundred percent. The entities whose fault shall be determined include the claimant or person suffering personal injury or incurring property damage, defendants, third-party defendants, entities released by the claimant, entities with any other individual defense against the claimant, and entities immune from liability to the claimant, but shall not include those entities immune from liability to the claimant under Title 51 RCW. Judgment shall be entered against each defendant except those who have been released by the claimant or are immune from liability to the claimant or have prevailed on any other individual defense against the claimant in an amount which represents that party's proportionate share of the claimant's total damages. The liability of each defendant shall be several only and shall not be joint except:
(a) A party shall be responsible for the fault of another person or for payment of the proportionate share of another party where both were acting in concert or when a person was acting as an agent or servant of the party.
(b)(i) Except as provided in (b)(ii) of this subsection, if the trier of fact determines that the claimant or party suffering bodily injury or incurring property damages was not at fault, the defendants against whom judgment is entered shall be jointly and severally liable for the sum of their proportionate shares of the ((claimants [claimant's])) claimant's total damages.
(ii) Subsection (b)(i) of this subsection does not apply to health care providers as defined in RCW 7.70.020, in all cases governed by chapter 7.70 RCW with respect to judgments for noneconomic damages. In all cases governed by chapter 7.70 RCW, the liability of health care providers for noneconomic damages is several only. For the purposes of this section, "noneconomic damages" has the meaning given in RCW 4.56.250.
(2) In all actions for damages under chapter 7.70 RCW, the entities to whom fault may be attributed shall be limited to the claimants, defendants, and third-party defendants who are parties to the action, any entities released by the claimant, and entities immune from liability to the claimant.
(3) If a defendant is jointly and severally liable under one of the exceptions listed in subsections (1)(a) or (1)(b) of this section, such defendant's rights to contribution against another jointly and severally liable defendant, and the effect of settlement by either such defendant, shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060.
(((3))) (4)(a) Nothing in this section affects any cause of action relating to hazardous wastes or substances or solid waste disposal sites.
(b) Nothing in this section shall affect a cause of action arising from the tortious interference with contracts or business relations.
(c) Nothing in this section shall affect any cause of action arising from the manufacture or marketing of a fungible product in a generic form which contains no clearly identifiable shape, color, or marking.
Sec. 2. RCW 70.105.112 and 1987 c 528 s 9 are each amended to read as follows:
This chapter does not apply to special incinerator ash regulated under chapter 70.138 RCW except that, for purposes of RCW 4.22.070(((3))) (4)(a), special incinerator ash shall be considered hazardous waste.
Sec. 3. RCW 7.70.080 and 1975-'76 2nd ex.s. c 56 s 13 are each amended to read as follows:
Any party may present evidence to the trier of fact that the ((patient)) plaintiff has already been compensated for the injury complained of from any source except the assets of the ((patient, his)) plaintiff, the plaintiff's representative, or ((his)) the plaintiff's immediate family((, or insurance purchased with such assets)). In the event such evidence is admitted, the plaintiff may present evidence of an obligation to repay such compensation and evidence of any amount paid by the plaintiff, or his or her representative or immediate family, to secure the right to the compensation. ((Insurance bargained for or provided on behalf of an employee shall be considered insurance purchased with the assets of the employee.)) Compensation as used in this section shall mean payment of money or other property to or on behalf of the patient, rendering of services to the patient free of charge to the patient, or indemnification of expenses incurred by or on behalf of the patient. Notwithstanding this section, evidence of compensation by a defendant health care provider may be offered only by that provider."
Correct the title.
Representative Campbell moved the adoption of amendment (978) to amendment (944):
On page 2, line 6 of the amendment, after "judgments for" insert "economic and"
On page 2, line 8 of the amendment, after "providers for" insert "economic and"
On page 2, line 9 of the amendment, after "section," insert "the terms "economic damages" and"
On page 2, line 10 of the amendment, after "damages"" strike "has the meaning" and insert "have the meanings"
Representatives Campbell and Carrell spoke in favor of the adoption of the amendment to the amendment.
Representative Lantz spoke against the adoption of the amendment to the amendment.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker stated the question before the House to be adoption of amendment (978) to amendment (944) to Engrossed Substitute House Bill No. 1928.
ROLL CALL
The Clerk called the roll on the adoption of amendment (978) to amendment (944) to Engrossed Substitute House Bill No. 1928, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 52, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 46.
Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 52.
Representative Carrell moved the adoption of amendment (988) to amendment (944):
On page 2, line 13 of the amendment, after "defendants," strike "and"
On page 2, beginning on line 13 of the amendment, after "third-party defendants" strike "who are parties to the action"
On page 2, line 14 of the amendment, after "any entities" strike "released by" and insert "who have entered into a release, covenant not to sue, covenant not to enforce judgment, or similar agreement with"
Representatives Carrell spoke in favor of the adoption of the amendment to the amendment.
Representative Lantz spoke against the adoption of the amendment to the amendment.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker stated the question before the House to be adoption of amendment (988) to amendment (944) to Engrossed Substitute House Bill No. 1928.
ROLL CALL
The Clerk called the roll on the adoption of amendment (988) to amendment (944) to Engrossed Substitute House Bill No. 1928, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 52, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 46.
Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 52.
Representative Carrell moved the adoption of amendment (987) to the amendment (944):
On page 2, after line 37 of the amendment, insert the following:
"NEW SECTION. Sec. 3. It is the intent of the legislature by enacting sections 4 and 5 of this act that health care providers should remain personally liable for their own negligent or wrongful acts or omissions in connection with the provision of health care services, but that their vicarious liability for the negligent or wrongful acts or omissions of others should be curtailed. To that end, it is the intent of the legislature that Adamski v. Tacoma General Hospital, 20 Wn. App. 98, 579 P.2d 970 (1978), and its holding that hospitals may be held liable for a physician's acts or omissions under so-called "apparent agency" or "ostensible agency" theories should be reversed, so that hospitals will not be liable for the act or omission of a health care provider granted hospital privileges unless the health care provider is an actual agent or employee of the hospital. It is further the intent of the legislature that, notwithstanding any generally applicable principle of vicarious liability to the contrary, individual health care professionals will not be liable for the negligent or wrongful acts of others, except those who were acting under their direct supervision and control.
NEW SECTION. Sec. 4. A new section is added to chapter 7.70 RCW to read as follows:
A public or private hospital shall be liable for an act or omission of a health care provider granted privileges to provide health care at the hospital only if the health care provider is an actual agent or employee of the hospital and the act or omission of the health care provider occurred while the health care provider was acting within the course and scope of the health care provider's agency or employment with the hospital.
NEW SECTION. Sec. 5. A new section is added to chapter 7.70 RCW to read as follows:
A person who is a health care provider under RCW 7.70.020 (1) or (2) shall not be personally liable for any act or omission of any other health care provider who was not the person's actual agent or employee or who was not acting under the person's direct supervision and control at the time of the act or omission.
"Renumber the remaining section and correct the title.
Representative Carrell spoke in favor of the adoption of the amendment to the amendment.
Representative Lantz spoke against the adoption of the amendment to the amendment.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker stated the question before the House to be adoption of amendment (987) to amendment (944) to Engrossed Substitute House Bill No. 1928.
ROLL CALL
The Clerk called the roll on the adoption of amendment (987) to amendment (944) to Engrossed Substitute House Bill No. 1928, and the amendment was not adopted by the following vote: Yeas - 45, Nays - 53, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 45.
Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 53.
Representative Carrell moved the adoption of amendment (985) to amendment (944):
On page 3, beginning on line 1 of the amendment, strike all of section 3 and insert the following:
"Sec. 3. RCW 7.70.080 and 1975-'76 2nd ex.s. c 56 s 13 are each amended to read as follows:
(1) Any party may present evidence to the trier of fact that the ((patient)) plaintiff has already been, or will be, compensated for the injury complained of from ((any source except the assets of the patient, his representative, or his immediate family, or insurance purchased with such assets. In the event such evidence is admitted, the plaintiff may present evidence of an obligation to repay such compensation. Insurance bargained for or provided on behalf of an employee shall be considered insurance purchased with the assets of the employee)) a collateral source. In the event the evidence is admitted, the plaintiff may present evidence of any amount that was paid or contributed to secure the right to any compensation. Compensation as used in this section shall mean payment of money or other property to or on behalf of the patient, rendering of services to the patient free of charge to the patient, or indemnification of expenses incurred by or on behalf of the patient. Notwithstanding this section, evidence of compensation by a defendant health care provider may be offered only by that provider.
(2) Unless otherwise provided by statute, there is no right of subrogation or reimbursement from a plaintiff's tort recovery with respect to compensation covered in subsection (1) of this section."
Representative Carrell spoke in favor of the adoption of the amendment to the amendment.
Representative Lantz spoke against the adoption of the amendment to the amendment.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker stated the question before the House to be adoption of amendment (985) to amendment (944) to Engrossed Substitute House Bill No. 1928.
ROLL CALL
The Clerk called the roll on the adoption of amendment (985) to amendment (944) to Engrossed Substitute House Bill No. 1928, and the amendment was not adopted by the following vote: Yeas - 45, Nays - 53, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 45.
Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 53.
The amendment (944) was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lantz, Carrell and Schual-Berke spoke in favor of passage of the bill.
Representatives Alexander and McMahan spoke against the passage of the bill.
The Speaker stated the question before the House to be the final passage of Second Engrossed Substitute House Bill No. 1928.
ROLL CALL
The Clerk called the roll on the final passage of Second Engrossed Substitute House Bill No. 1928 and the bill passed the House by the following vote: Yeas - 71, Nays - 27, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Bailey, Benson, Blake, Boldt, Bush, Cairnes, Campbell, Carrell, Clibborn, Cody, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunter, Jarrett, Kagi, Kenney, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schual-Berke, Shabro, D. Simpson, Skinner, Sommers, Talcott, Tom, Upthegrove, Veloria, Wallace and Mr. Speaker - 71.
Voting nay: Representatives Alexander, Anderson, Armstrong, Buck, Chandler, Chase, Clements, Condotta, Conway, Cooper, DeBolt, Ericksen, Holmquist, Hunt, Kessler, Kirby, McDermott, McMorris, Nixon, Roach, Schoesler, Sehlin, G. Simpson, Sullivan, Sump, Wood and Woods - 27.
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1928, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3201, By Representatives Lantz, Morrell, Clibborn and Rockefeller
Including expert witness fees in "reasonable expenses."
The bill was read the second time.
Representative Lantz moved the adoption of amendment (963):
On page 1, line 5, after "jurisdiction" strike "may" and insert "((may)) shall"
Representatives Lantz and Rockefeller spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lantz, Morrell and Schual-Berke spoke in favor of passage of the bill.
Representatives Carrell, Anderson, Benson and Roach spoke against the passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 3201.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 3201 and the bill passed the House by the following vote: Yeas - 67, Nays - 31, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Benson, Blake, Cairnes, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 67.
Voting nay: Representatives Alexander, Anderson, Armstrong, Bailey, Boldt, Buck, Bush, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, McMahan, Mielke, Nixon, Orcutt, Pearson, Roach, Schindler, Schoesler, Sehlin, Shabro, Sump and Woods - 31.
ENGROSSED HOUSE BILL NO. 3201, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2834, By Representatives Schual-Berke, Kagi, Cody, Lantz, Linville, Morrell, Wallace, Kenney, O'Brien, Miloscia, Sommers, Rockefeller and Darneille
Improving the discipline of health professions.
The bill was read the second time. There being no objection, Substitute House Bill No. 2834 was substituted for House Bill No. 2834 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2834 was read the second time.
With the consent of the House, amendments (1009), (993) and (973) were withdrawn.
Representative Schual-Berke moved the adoption of amendment (998):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) The protection of the health and safety of the people of Washington state is a paramount responsibility entrusted to the state. One of the means for achieving such protection is through regulation of health professionals and effective discipline of those health care professionals who engage in unprofessional conduct. The vast majority of health professionals are dedicated to their profession, and provide quality services to those in their care. However, effective mechanisms are needed to ensure that the small minority of health professionals who engage in unprofessional conduct are reported and disciplined in a timely and effective manner.
(2) Jurisdiction for health professions disciplinary processes is divided between the secretary of health and fourteen independent boards and commissions. While the presence of a board or commission consisting of members of the profession that they regulate may add value to some steps of the disciplinary process, in other instances their involvement may be unnecessary, or even an impediment, to safeguarding the public's health and safety. It is in the interests of both public health and safety and credentialed health care professionals that the health professions disciplinary system operate effectively and appropriately.
NEW SECTION. Sec. 2.
(1) The task force on improvement of health professions discipline is established. The governor must appoint its members, and shall include:(a) A representative of a medicare contracted professional review organization in Washington state;
(b) One or more representatives of the University of Washington school of health sciences or school of public health with expertise in health professions regulation;
(c) A representative of the foundation for health care quality;
(d) Two representatives of health care professionals, including one physician, neither of whom currently serve, or have served in the past, on a health professions disciplinary board or commission;
(e) A representative of hospital-based continuous quality improvement programs under RCW 70.41.200;
(f) A representative of a hospital peer review committee;
(g) The secretary of the department of health;
(h) A representative of the superior court judges association;
(i) A representative of the Washington state bar association who is an attorney with expertise in defending health professionals in health professions disciplinary proceedings in Washington;
(j) A representative of health care consumers, who does not currently serve and has not in the past served, on a health professions disciplinary board or commission;
(k) The attorney general or his or her designee; and
(l) A current or former public member of a disciplining authority included in chapter 18.130 RCW.
(2) The task force shall conduct an independent review of the funding of the health professions and all phases of the current health professions disciplinary process, from report intake through final case closure, and shall, at a minimum, examine and address the following issues:
(a) The ability of the disciplining authorities identified in RCW 18.130.040 to effectively safeguard the public from potentially harmful health care practitioners while also ensuring the due process rights of credentialed health care practitioners;
(b) The feasibility of developing a uniform performance measurement system for health professions discipline;
(c) Whether there are components to the current health professions discipline system that serve as impediments to improving the quality of health professions discipline, including consideration of:
(i) The value of boards and commissions in the health professions disciplinary process; and
(ii) The respective roles of the secretary and boards and commissions in health professions disciplinary functions;
(d) The feasibility of allowing law enforcement agencies to share information from criminal investigations of credentialed health care providers regardless of whether the provider was not ultimately convicted;
(e) The extent to which investigation, charging, and sanctioning decisions are consistently applied across and within each of the disciplining authorities;
(f) The merits of limiting the public disclosure of certain information related to the health professions disciplinary process including complaint closure without investigation, complaint closure after investigation, and findings after adjudication of no violation of the uniform disciplinary act;
(g) The extent to which sanctions deviate from advisory guidelines regarding sanctions and the circumstances behind those deviations; and
(h) Alternative fee structures for health care professionals to simplify funding and the use of those funds across all health care professions.
(3) The task force may establish technical advisory committees to assist in its efforts, and shall provide opportunities for interested parties to comment upon the task force's findings and recommendations prior to being finalized.
(4) Staff support to the task force shall be provided by the department of health and the office of financial management.
(5) The task force shall submit its report and recommendations for improvement of health professions discipline to the relevant committees of the legislature and the governor by October 1, 2005.
(6) Nothing in this act limits the secretary of health's authority to modify the internal processes or organizational framework of the department.
(7) Members of the task force shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
Sec. 3. RCW 4.24.260 and 1994 sp.s. c 9 s 701 are each amended to read as follows:
((Physicians licensed under chapter 18.71 RCW, dentists licensed under chapter 18.32 RCW, and pharmacists licensed under chapter 18.64 RCW)) Any member of a health profession listed under RCW 18.130.040 who, in good faith, makes a report, files charges, or presents evidence against another member of ((their)) a health profession based on the claimed ((incompetency or gross misconduct)) unprofessional conduct as provided in RCW 18.130.180 or inability to practice with reasonable skill and safety to consumers by reason of any physical or mental condition as provided in RCW 18.130.170 of such person before the ((medical quality assurance commission established under chapter 18.71 RCW, in a proceeding under chapter 18.32 RCW, or to the board of pharmacy under RCW 18.64.160)) agency, board, or commission responsible for disciplinary activities for the person's profession under chapter 18.130 RCW, shall be immune from civil action for damages arising out of such activities. A person prevailing upon the good faith defense provided for in this section is entitled to recover expenses and reasonable attorneys' fees incurred in establishing the defense.
Sec. 4. RCW 18.71.0193 and 1994 sp.s. c 9 s 327 are each amended to read as follows:
(1) A ((licensed health care professional)) physician licensed under this chapter shall report to the commission when he or she has personal knowledge that a practicing physician has either committed an act or acts which may constitute statutorily defined unprofessional conduct or that a practicing physician may be unable to practice medicine with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical conditions.
(2) Reporting under this section is not required by:
(a) An appropriately appointed peer review committee member of a licensed hospital or by an appropriately designated professional review committee member of a county or state medical society during the investigative phase of their respective operations if these investigations are completed in a timely manner; or
(b) A treating licensed health care professional of a physician currently involved in a treatment program as long as the physician patient actively participates in the treatment program and the physician patient's impairment does not constitute a clear and present danger to the public health, safety, or welfare.
(3) The commission may impose disciplinary sanctions, including license suspension or revocation, on any ((health care professional subject to the jurisdiction of the commission)) physician licensed under this chapter who has failed to comply with this section.
(4) Every physician licensed under this chapter who reports to the commission as required under subsection (1) of this section in good faith is immune from civil liability for damages arising out of the report, whether direct or derivative. A person prevailing upon the defense provided for in this section is entitled to recover expenses and reasonable attorneys' fees incurred in establishing the defense.
Sec. 5. RCW 18.130.010 and 1994 sp.s. c 9 s 601 are each amended to read as follows:
It is the intent of the legislature to strengthen and consolidate disciplinary and licensure procedures for the licensed health and health-related professions and businesses by providing a uniform disciplinary act with standardized procedures for the licensure of health care professionals and the enforcement of laws the purpose of which is to ((assure the public of the adequacy of professional competence and conduct in the healing arts)) reduce unprofessional conduct and unsafe practices in health care, protect the public health, safety, and welfare, and promote patient safety.
It is also the intent of the legislature that all health and health-related professions newly credentialed by the state come under the Uniform Disciplinary Act.
Further, the legislature declares that the addition of public members on all health care commissions and boards can give both the state and the public, which it has a paramount statutory responsibility to protect, assurances of accountability and confidence in the various practices of health care.
Sec. 6. RCW 18.130.180 and 1995 c 336 s 9 are each amended to read as follows:
The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter:
(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession, whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;
(2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;
(3) All advertising which is false, fraudulent, or misleading;
(4) Incompetence, negligence, or malpractice which results in injury to a patient or which creates an unreasonable risk that a patient may be harmed. The use of a nontraditional treatment by itself shall not constitute unprofessional conduct, provided that it does not result in injury to a patient or create an unreasonable risk that a patient may be harmed;
(5) Suspension, revocation, or restriction of the individual's license to practice any health care profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction. Full faith and credit will be extended to the action by the competent authority, even if procedures or standards of proof vary in the other jurisdiction;
(6) The possession, use, prescription for use, or distribution of controlled substances or legend drugs in any way other than for legitimate or therapeutic purposes, diversion of controlled substances or legend drugs, the violation of any drug law, or prescribing controlled substances for oneself;
(7) Violation of any state or federal statute or administrative rule regulating the profession in question, including any statute or rule defining or establishing standards of patient care or professional conduct or practice;
(8) Failure to cooperate with the disciplining authority by:
(a) Not furnishing any papers or documents;
(b) Not furnishing in writing a full and complete explanation covering the matter contained in the complaint filed with the disciplining authority;
(c) Not responding to subpoenas issued by the disciplining authority, whether or not the recipient of the subpoena is the accused in the proceeding; or
(d) Not providing reasonable and timely access for authorized representatives of the disciplining authority seeking to perform practice reviews at facilities utilized by the license holder;
(9) Failure to comply with an order issued by the disciplining authority or a stipulation for informal disposition entered into with the disciplining authority;
(10) Aiding or abetting an unlicensed person to practice when a license is required;
(11) Violations of rules established by any health agency;
(12) Practice beyond the scope of practice as defined by law or rule;
(13) Misrepresentation or fraud in any aspect of the conduct of the business or profession;
(14) Failure to adequately supervise auxiliary staff to the extent that the consumer's health or safety is at risk;
(15) Engaging in a profession involving contact with the public while suffering from a contagious or infectious disease involving serious risk to public health;
(16) Promotion for personal gain of any unnecessary or inefficacious drug, device, treatment, procedure, or service;
(17) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;
(18) The procuring, or aiding or abetting in procuring, a criminal abortion;
(19) The offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine, or the treating, operating, or prescribing for any health condition by a method, means, or procedure which the licensee refuses to divulge upon demand of the disciplining authority;
(20) The willful betrayal of a practitioner-patient privilege as recognized by law;
(21) Violation of chapter 19.68 RCW;
(22) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the disciplining authority or its authorized representative, or by the use of threats or harassment against any patient or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action, or by the use of financial inducements to any patient or witness to prevent or attempt to prevent him or her from providing evidence in a disciplinary proceeding;
(23) Current misuse of:
(a) Alcohol;
(b) Controlled substances; or
(c) Legend drugs;
(24) Abuse of a client or patient or sexual contact with a client or patient;
(25) Acceptance of more than a nominal gratuity, hospitality, or subsidy offered by a representative or vendor of medical or health-related products or services intended for patients, in contemplation of a sale or for use in research publishable in professional journals, where a conflict of interest is presented, as defined by rules of the disciplining authority, in consultation with the department, based on recognized professional ethical standards.
Sec. 7. RCW 18.130.900 and 1986 c 259 s 14 are each amended to read as follows:
(1) This chapter shall be known and cited as the uniform disciplinary act.
(2) This chapter applies to any conduct, acts, or conditions occurring on or after June 11, 1986.
(3) This chapter does not apply to or govern the construction of and disciplinary action for any conduct, acts, or conditions occurring prior to June 11, 1986. Such conduct, acts, or conditions must be construed and disciplinary action taken according to the provisions of law existing at the time of the occurrence in the same manner as if this chapter had not been enacted.
(4) The amendments to chapter 18.130 RCW in sections 5 and 6 of this act are clarifying amendments and should not be construed as a change in the construction and application of chapter 18.130 RCW."
Correct the title.
Representative Campbell moved the adoption of amendment (1011) to amendment (998):
On page 2, line 5, after "(d)" strike "Two representatives of health care professionals" and insert "Four representatives of a broad range of different types of health care professionals"
On page 2, line 6, after "physician," strike "neither" and insert "none"
On page 2, line 20, after "(l)" strike "A" and insert "Three members of the public, one of whom is a"
Representative Campbell spoke in favor of the adoption of the amendment to the amendment.
The amendment to the amendment was adopted.
The amendment (998) as amended was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Schual-Berke, Bailey and Carrell spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2834.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2834 and the bill passed the House by the following vote: Yeas - 87, Nays - 11, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Armstrong, Bailey, Benson, Blake, Boldt, Bush, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 87.
Voting nay: Representatives Alexander, Anderson, Buck, Chandler, Clements, DeBolt, Ericksen, Holmquist, Nixon, Roach and Woods - 11.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2834, having received the necessary constitutional majority, was declared passed.
The Speaker called upon Representative Lovick to preside.
HOUSE BILL NO. 2837, By Representatives Schual-Berke, Benson, Cody, G. Simpson, Kagi, Lantz, Linville, Morrell, Wallace, Kenney, O'Brien, Miloscia, Sommers, Rockefeller, Moeller, Clibborn, Edwards, Darneille and Dickerson
Underwriting medical malpractice coverage.
The bill was read the second time. There being no objection, Substitute House Bill No. 2837 was substituted for House Bill No. 2837 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2837 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 Schual-Berke, Benson and G. Simpson spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2837.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2837 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 98.
SUBSTITUTE HOUSE BILL NO. 2837, having received the necessary constitutional majority, was declared passed.
The Speaker assumed the chair.
HOUSE BILL NO. 2816, By Representatives Schual-Berke, Benson, G. Simpson, Clibborn, Linville, Morrell, Edwards and Kagi; by request of Insurance Commissioner
Regulating medical malpractice liability insurance policies.
The bill was read the second time. There being no objection, Substitute House Bill No. 2816 was substituted for House Bill No. 2816 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2816 was read the second time.
Representative Schual-Berke moved the adoption of amendment (834):
On page 3, line 12, after "will" strike "cancel" and insert "not renew"
Representative Schual-Berke spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Schual-Berke, Benson and Clements spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2816.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2816 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 98.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2816, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3200, By Representatives Lantz, Morrell, Clibborn and Rockefeller
Limiting the time period for bringing an action for personal injury or death resulting from health care.
The bill was read the second time.
Representative Lantz moved the adoption of amendment (962):
On page 4, after line 16, insert the following:
"Sec. 3. RCW 4.16.190 and 1993 c 232 s 1 are each amended to read as follows:
(1) Unless otherwise provided in this section, if a person entitled to bring an action mentioned in this chapter, except for a penalty or forfeiture, or against a sheriff or other officer, for an escape, be at the time the cause of action accrued either under the age of eighteen years, or incompetent or disabled to such a degree that he or she cannot understand the nature of the proceedings, such incompetency or disability as determined according to chapter 11.88 RCW, or imprisoned on a criminal charge prior to sentencing, the time of such disability shall not be a part of the time limited for the commencement of action.
(2) Subsection (1) of this section with respect to a person under the age of eighteen years does not apply to the time limited for the commencement of an action under RCW 4.16.350."
Representative Lantz spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Newhouse moved the adoption of amendment (990):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 4.16.350 and 1998 c 147 s 1 are each amended to read as follows:
(1) Any civil action for damages for injury or death occurring as a result of health care which is provided after June 25, 1976, against:
(((1))) (a) A person licensed by this state to provide health care or related services, including, but not limited to, a physician, osteopathic physician, dentist, nurse, optometrist, podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, osteopathic physician's assistant, nurse practitioner, or physician's trained mobile intensive care paramedic, including, in the event such person is deceased, his estate or personal representative;
(((2))) (b) An employee or agent of a person described in (a) of this subsection (((1) of this section)), acting in the course and scope of his or her employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or
(((3))) (c) An entity, whether or not incorporated, facility, or institution employing one or more persons described in (a) of this subsection (((1) of this section)), including, but not limited to, a hospital, clinic, health maintenance organization, ((or)) nursing home, or boarding home; or an officer, director, employee, or agent thereof acting in the course and scope of his or her employment, including, in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative;
based upon alleged professional negligence shall be commenced within three years of the act or omission alleged to have caused the injury or condition, or one year of the time the patient or his or her representative or custodial parent or guardian discovered or reasonably should have discovered that the injury or condition was caused by said act or omission, whichever period ((expires later, except that in no event shall an action be commenced more than eight years after said act or omission: PROVIDED, That the time for commencement of an action is tolled upon proof of fraud, intentional concealment, or the presence of a foreign body not intended to have a therapeutic or diagnostic purpose or effect, until the date the patient or the patient's representative has actual knowledge of the act of fraud or concealment, or of the presence of the foreign body; the patient or the patient's representative has one year from the date of the actual knowledge in which to commence a civil action for damages.
For purposes of this section, notwithstanding RCW 4.16.190, the knowledge of a custodial parent or guardian shall be imputed to a person under the age of eighteen years, and such imputed knowledge shall operate to bar the claim of such minor to the same extent that the claim of an adult would be barred under this section. Any action not commenced in accordance with this section shall be barred.
For purposes of this section, with respect to care provided after June 25, 1976, and before August 1, 1986, the knowledge of a custodial parent or guardian shall be imputed as of April 29, 1987, to persons under the age of eighteen years)) occurs first.
(2) In no event may an action be commenced more than three years after the act or omission alleged to have caused the injury or condition except:
(a) Upon proof of fraud, intentional concealment, or the presence of a foreign body not intended to have a therapeutic or diagnostic purpose or effect, in which case the patient or the patient's representative has one year from the date the patient or the patient's representative or custodial parent or guardian has actual knowledge of the act of fraud or concealment or of the presence of the foreign body in which to commence a civil action for damages.
(b) In the case of a minor, for any period during minority, but only for such period during minority in which the minor's custodial parent or guardian and the defendant or the defendant's insurer have committed fraud or collusion in the failure to bring an action on behalf of the minor.
(c) In the case of a minor under the full age of six years, in which case the action on behalf of the minor must be commenced within three years or prior to the minor's eighth birthday, whichever provides a longer period.
(3) Any action not commenced in accordance with this section is barred.
(4) For purposes of this section, the tolling provisions of RCW 4.16.190 do not apply.
(5) This section does not apply to a civil action based on intentional conduct brought against those individuals or entities specified in this section by a person for recovery of damages for injury occurring as a result of childhood sexual abuse as defined in RCW 4.16.340(5)."
Correct the title.
Representatives Newhouse and Carrell spoke in favor of the adoption of the amendment.
Representative Lantz spoke against the adoption of the amendment.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker stated the question before the House to be adoption of amendment (990) to House Bill No. 3200.
ROLL CALL
The Clerk called the roll on the adoption of amendment (990) to House Bill No. 3200, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 51, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 47.
Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 51.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lantz and Carrell spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 3200.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 3200 and the bill passed the House by the following vote: Yeas - 88, Nays - 10, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Clibborn, Cody, Condotta, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunter, Jarrett, Kagi, Kessler, Kristiansen, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Veloria, Wallace, Woods and Mr. Speaker - 88.
Voting nay: Representatives Chase, Conway, Flannigan, Hunt, Kenney, Kirby, Lantz, G. Simpson, Upthegrove and Wood - 10.
ENGROSSED HOUSE BILL NO. 3200, having received the necessary constitutional majority, was declared passed.
I intended to vote YEA on ENGROSSED HOUSE BILL NO. 3200.
PAT LANTZ, 26th District
HOUSE BILL NO. 2839, By Representatives Schual-Berke, Kagi, Cody, Lantz, Linville, Morrell, Wallace, Kenney, O'Brien, Miloscia, Sommers, Rockefeller, Clibborn, Edwards and Dickerson
Creating a task force to study alternatives for resolving disputes related to injuries resulting from health care.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Judiciary was adopted. (For committee amendment(s), see Journal, 18th Day, January 18, 2004.)
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 Schual-Berke, Benson, Kagi and Carrell spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 2839.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2839 and the bill passed the House by the following vote: Yeas - 82, Nays - 16, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Armstrong, Bailey, Benson, Blake, Boldt, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 82.
Voting nay: Representatives Alexander, Anderson, Buck, Bush, Chandler, Clements, DeBolt, Ericksen, Holmquist, Kristiansen, Mastin, Orcutt, Pearson, Roach, Sehlin and Woods - 16.
ENGROSSED HOUSE BILL NO. 2839, having received the necessary constitutional majority, was declared passed.
I intended to vote NAY on ENGROSSED HOUSE BILL NO. 2839.
TOM MIELKE, 18th District
HOUSE BILL NO. 2787, By Representatives Kessler, Campbell, Cody, Morrell, Schual-Berke, Clibborn, Moeller, Upthegrove and Kagi
Providing immunity from liability for licensed health care providers at community health care settings.
The bill was read the second time. There being no objection, Substitute House Bill No. 2787 was substituted for House Bill No. 2787 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2787 was read the second time.
Representative Kessler moved the adoption of amendment (908):
On page 2, line 13, after "corporation" insert ", except a clinic that is owned, operated, or controlled by a hospital licensed under chapter 70.41 RCW unless the hospital-based clinic either:
(i) Maintains and holds itself out to the public as having established hours on a regular basis for providing free health care services to members of the public to the extent that care is provided without compensation or expectation of compensation during those established hours; or
(ii) Is participating, through a written agreement, in a community-based program to provide access to health care services for uninsured persons, to the extent that:
(A) Care is provided without compensation or expectation of compensation to individuals who have been referred for care through that community-based program; and
(B) The health care provider's participation in the community-based program is conditioned upon his or her agreement to provide health services without expectation of compensation"
Representatives Kessler and Buck spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kessler, Buck and Clements spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2787.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2787 and the bill passed the House by the following vote: Yeas - 92, Nays - 6, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 92.
Voting nay: Representatives Anderson, Chandler, Clements, DeBolt, Roach and Woods - 6.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2787, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2788, By Representatives Kessler, Schual-Berke, Cody, Morrell, Clibborn, Campbell, Moeller, Darneille, Buck and Kagi
Establishing priority for funds in the liability insurance program for retired primary care providers volunteering to serve low-income patients.
The bill was read the second time. There being no objection, Substitute House Bill No. 2788 was substituted for House Bill No. 2788 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2788 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kessler, Benson, Carrell, Cody and Schual-Berke spoke in favor of passage of the bill.
Representative Anderson spoke against the passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2788.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2788 and the bill passed the House by the following vote: Yeas - 88, Nays - 10, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 88.
Voting nay: Representatives Anderson, Chandler, Clements, DeBolt, Ericksen, Holmquist, McMahan, Nixon, Roach and Woods - 10.
SUBSTITUTE HOUSE BILL NO. 2788, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2838, By Representatives Benson and Schual-Berke
Regulating capital calls by domestic mutual insurers.
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 Benson and Schual-Berke spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of House Bill No. 2838.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2838 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 98.
HOUSE BILL NO. 2838, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2879, By Representatives Cody, Campbell and Schual-Berke; by request of Department of Health
Revising the department of health's health professions disciplinary authority.
The bill was read the second time. There being no objection, Substitute House Bill No. 2879 was substituted for House Bill No. 2879 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2879 was read the second time.
Representative Cody moved the adoption of amendment (957):
On page 1, line 17, after "charges." insert "Nothing in this section precludes the license holder and the disciplinary authority from engaging in settlement negotiations and resolving the matter through a settlement."
On page 2, line 25, after "subsection" insert "and the department has received the return receipt from the certified mailing"
On page 2, after line 26, insert the following:
"(c) In the event that the license holder can show good cause for failure to receive and reply to the written notice of action and proposed sanction, the license holder may petition for reconsideration of the disciplinary action and imposed sanction and may request an adjudicative proceeding up to one year following the issuance of the initial written notice of charge and proposed sanction."
Representative Cody spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Benson moved the adoption of amendment (961):
On page 2, line 19, after "within" strike "twenty" and insert "thirty"
On page 2, line 19, after "If the" strike "twenty-day" and insert "thirty-day"
Representatives Benson and Cody spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Cody, Bailey and Campbell spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2879.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2879 and the bill passed the House by the following vote: Yeas - 86, Nays - 12, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Armstrong, Bailey, Benson, Blake, Boldt, Bush, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 86.
Voting nay: Representatives Alexander, Anderson, Buck, Chandler, Clements, DeBolt, Ericksen, Holmquist, Nixon, Roach, Sehlin and Woods - 12.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2879, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2931, By Representatives Campbell, Schual-Berke, Rockefeller, Cody and Wallace
Using the health professions account for professional education and recruitment and retention.
The bill was read the second time. There being no objection, Substitute House Bill No. 2931 was substituted for House Bill No. 2931 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2931 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 Campbell and Cody spoke in favor of passage of the bill.
Representative Alexander spoke against the passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2931.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2931 and the bill passed the House by the following vote: Yeas - 64, Nays - 34, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Benson, Blake, Bush, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Talcott, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 64.
Voting nay: Representatives Alexander, Anderson, Armstrong, Bailey, Boldt, Buck, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Jarrett, Kristiansen, McDonald, McMahan, Mielke, Newhouse, Nixon, Orcutt, Pearson, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Sump, Tom and Woods - 34.
SUBSTITUTE HOUSE BILL NO. 2931, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2485, By Representatives Lantz, Carrell, Newhouse, Alexander, Jarrett, Moeller, Sommers, Kagi, Upthegrove, Schual-Berke and Darneille
Revising the rate of interest on certain tort judgments.
The bill was read the second time. There being no objection, SUBSTITUTE HOUSE BILL NO. 2485 was not substituted for House Bill No. 2485.
With the consent of the House, amendment (981) was withdrawn.
Representative Alexander moved the adoption of amendment (1013):
On page 1, line 11, strike "four" and insert "two"
On page 2, line 16, strike "four" and insert "two"
Representatives Alexander and Benson spoke in favor of the adoption of the amendment.
Representative Lantz spoke against the adoption of the amendment.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker stated the question before the House to be adoption of amendment (1013) to House Bill No. 2485.
ROLL CALL
The Clerk called the roll on the adoption of amendment (1013) to House Bill No. 2485, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 51, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 47.
Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 51.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lantz and Sehlin spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of House Bill No. 2485.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2485 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Voting nay: Representative Kirby - 1.
HOUSE BILL NO. 2485, having received the necessary constitutional majority, was declared passed.
The Speaker called upon Representative Lovick to preside.
MESSAGES FROM THE SENATE
February 16, 2004
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6352,
SUBSTITUTE SENATE BILL NO. 6389,
SUBSTITUTE SENATE BILL NO. 6534,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6559,
SUBSTITUTE SENATE BILL NO. 6600,
and the same are herewith transmitted.
Milt H. Doumit, Secretary
February 16, 2004
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 6265,
SUBSTITUTE SENATE BILL NO. 6329,
SUBSTITUTE SENATE BILL NO. 6615,
and the same are herewith transmitted.
Milt H. Doumit, Secretary
February 16, 2004
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5436,
SUBSTITUTE SENATE BILL NO. 5732,
SUBSTITUTE SENATE BILL NO. 6196,
SUBSTITUTE SENATE BILL NO. 6225,
SUBSTITUTE SENATE BILL NO. 6264,
SUBSTITUTE SENATE BILL NO. 6331,
SUBSTITUTE SENATE BILL NO. 6587,
SUBSTITUTE SENATE BILL NO. 6592,
ENGROSSED SENATE BILL NO. 6737,
and the same are herewith transmitted.
Milt H. Doumit, Secretary
The Speaker assumed the chair.
There being no objection, the House advanced to the seventh order of business.
THIRD READING
SUBSTITUTE HOUSE BILL NO. 1809, By House Committee on State Government (originally sponsored by Representatives Murray, Hankins, Grant, Mastin, McDermott, Jarrett, Linville, Upthegrove, Quall, Moeller, Tom, Kessler, Lovick, Hunter, Schual-Berke, Ruderman, Dickerson, Santos, Hudgins, Haigh, Hunt, Pettigrew, Rockefeller, G. Simpson, Cody and Kenney; by request of Governor Locke)
Expanding the jurisdiction of the human rights commission.
The bill was read the third time.
Representatives Murray and McDermott spoke in favor of passage of the bill.
Representative Armstrong spoke against the of passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1809.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1809 and the bill passed the House by the following vote: Yeas - 59, Nays - 39, Absent - 0, Excused - 0.
Voting yea: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 59.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, McDonald, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Roach, Rodne, Schindler, Schoesler, Sehlin, Skinner, Sump, Talcott and Woods - 39.
SUBSTITUTE HOUSE BILL NO. 1809, having received the necessary constitutional majority, was declared passed.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2470, By Representatives Lovick and Clibborn; by request of Department of Transportation
Clarifying damages recoverable in highway accidents.
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 Lovick spoke in favor of passage of the bill.
Representatives Armstrong and Ericksen spoke against the passage of the bill.
The Speaker stated the question before the House to be the final passage of House Bill No. 2470.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2470 and the bill passed the House by the following vote: Yeas - 57, Nays - 41, Absent - 0, Excused - 0.
Voting yea: Representatives Blake, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 57.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, Mastin, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 41.
HOUSE BILL NO. 2470, having received the necessary constitutional majority, was declared passed.
The Speaker called upon Representative Lovick to preside.
HOUSE BILL NO. 2662, By Representatives Hudgins, Jarrett, Murray, Sommers, Morris, Santos, Sullivan, Wood, Pettigrew, Kenney, Romero, Chase and Edwards
Using pictograms in transportation signs.
The bill was read the second time. There being no objection, Substitute House Bill No. 2662 was substituted for House Bill No. 2662 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2662 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 Hudgins and Ericksen spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2662.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2662 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 98.
SUBSTITUTE HOUSE BILL NO. 2662, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2830, By Representatives Hudgins, Jarrett, Hatfield, Mielke, Wallace and Nixon
Authorizing a fee for the review of driving records.
The bill was read the second time. There being no objection, Substitute House Bill No. 2830 was substituted for House Bill No. 2830 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2830 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 Hudgins and Jarrett spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2830.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2830 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 98.
SUBSTITUTE HOUSE BILL NO. 2830, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1960, By House Committee on Transportation (originally sponsored by Representatives Murray, Jarrett, Cooper, Dickerson and Hudgins)
Governing regional transportation. (REVISED FOR ENGROSSED: Studying regional transportation governance.)
The bill was read the second time. There being no objection, Second Substitute House Bill No. 1960 was substituted for Engrossed Substitute House Bill No. 1960 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 1960 was read the second time.
Representative Jarrett moved the adoption of amendment (991):
On page 3, line 9, after "created," insert "subject to section 504 of this act,"
On page 13, line 3, after "2007," insert "for a district located within a regional transportation district,"
On page 23, beginning on line 19, strike all of section 504 and insert the following:
"NEW SECTION. Sec. 504. The counties within the district identified in section 103 of this act shall submit to the voters within the district, at the next general election, a single ballot measure that approves formation of the district, authorizes establishment of the district council, and approves the powers of the council as set forth in this act. The auditors of those counties shall transmit the results of the election to the secretary of state in the manner described in RCW 29A.60.230 for canvassing by the secretary in the manner described by RCW 29A.60.260. A simple majority of the persons voting on the single ballot measure is required for the district to be established.
Sections 408 through 411 of this act take effect January 1, 2006, if the district is formed."
Representatives Jarrett and Murray spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Murray, Jarrett and G. Simpson spoke in favor of passage of the bill.
Representative Ericksen spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1960.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1960 and the bill passed the House by the following vote: Yeas - 63, Nays - 35, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Blake, Buck, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kenney, Kessler, Kirby, Lantz, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schual-Berke, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 63.
Voting nay: Representatives Ahern, Alexander, Armstrong, Bailey, Benson, Boldt, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kagi, Kristiansen, Linville, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Roach, Schindler, Schoesler, Sehlin, Sump, Talcott and Woods - 35.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1960, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2167, By Representative G. Simpson
Issuing special Washington heritage license plates.
The bill was read the second time. There being no objection, Substitute House Bill No. 2167 was substituted for House Bill No. 2167 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2167 was read the second time.
With the consent of the House, amendment (882) was withdrawn.
Representative G. Simpson moved the adoption of amendment (965):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW to read as follows:
"Washington state heritage license plate series" means a series of eight license plate designs displaying colorful pictorial images that are depictive of the state of Washington. The eight plates must have the following basic design themes: Orca, Steelhead trout, Lewis and Clark, Chief Seattle and the story pole, Willow Goldfinch, Western Hemlock, Washington state ferry, and Space Needle.
NEW SECTION. Sec. 2. A new section is added to chapter 46.16 RCW to read as follows:
The department shall convene a task force comprised of four legislative members, one from each caucus of the house of representatives and of the senate, a representative from the Washington state patrol, and a representative from the department. This task force shall work together to create and design the special Washington state heritage license plate series incorporating the basic themes listed in section 1 of this act. The task force may solicit suggestions from the general public for the designs of the plates, involving school children, amateur and professional artists, and others. This solicitation may take the form of a competition with appropriate recognition for the chosen designs. The task force shall ensure that all necessary rights are secured to display the images on the license plates. It is the intent of the legislature that the Washington state heritage license plate series will be a source of pride for all residents of Washington state, from the east, west, north, and south. The license plate designs must be selected considering the marketability of the plates so as to ensure that the plate designs will appeal to as much of the state's population as possible. License plates in the series may contain a slogan to describe the content or idea of each individual plate design.
The department shall cooperate with advocacy groups, nonprofit agencies, and others interested in the identified themes to promote the sale of the Washington state heritage license plate series to their members and others interested in displaying the plates and supporting the associated accounts and trust funds.
The department shall issue the Washington state heritage license plates. The heritage plates may be used in lieu of regular or personalized license plates for vehicles required to display one or two vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department.
Sec. 3. RCW 46.16.313 and 1997 c 291 s 8 are each amended to read as follows:
(1) The department may establish a fee of no more than forty dollars for each type of special license plates issued under RCW 46.16.301(1) (a), (b), or (c), as existing before amendment by section 5, chapter 291, Laws of 1997, in an amount calculated to offset the cost of production of the special license plates and the administration of this program. ((Until December 31, 1997, the fee shall not exceed thirty-five dollars, but effective with vehicle registrations due or to become due on January 1, 1998, the department may adjust the fee to no more than forty dollars.)) This fee is in addition to all other fees required to register and license the vehicle for which the plates have been requested. All such additional special license plate fees collected by the department shall be deposited in the state treasury and credited to the motor vehicle fund.
(2) ((Until December 31, 1997, in addition to all fees and taxes required to be paid upon application, registration, and renewal registration of a motor vehicle, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.
(3) Effective with vehicle registrations due or to become due on January 1, 1998,)) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a collegiate license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.
(((4) Effective with annual renewals due or to become due on January 1, 1999,)) (3) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.
(((5))) (4) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a special baseball stadium license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.
(((6) Effective with annual renewals due or to become due on January 1, 1999,)) (5) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a special baseball stadium license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.
(6) Effective with vehicle registrations due or to become due on January 1, 2005, in addition to all fees and taxes required to be paid upon application and registration of a vehicle, the holder of a Washington state heritage license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The department shall remit the remaining proceeds to the custody of the state treasurer, who shall credit the remaining funds in accordance with section 5 of this act.
(7) Effective with annual renewals due or to become due on January 1, 2006, in addition to all fees and taxes required to be paid upon renewal of a vehicle registration, the holder of a Washington state heritage license plate shall, upon application, pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The department shall remit the remaining proceeds to the custody of the state treasurer, who shall credit the remaining funds in accordance with section 5 of this act.
Sec. 4. RCW 46.16.316 and 1997 c 291 s 10 are each amended to read as follows:
Except as provided in RCW 46.16.305:
(1) When a person who has been issued a special license plate or plates under section 2 of this act or RCW 46.16.301 as it existed before amendment by section 5, chapter 291, Laws of 1997, sells, trades, or otherwise transfers or releases ownership of the vehicle upon which the special license plate or plates have been displayed, he or she shall immediately report the transfer of such plate or plates to an acquired vehicle or vehicle eligible for such plates pursuant to departmental rule, or he or she shall surrender such plates to the department immediately if such surrender is required by departmental rule. If a person applies for a transfer of the plate or plates to another eligible vehicle, a transfer fee of five dollars shall be charged in addition to all other applicable fees. Such transfer fees shall be deposited in the motor vehicle fund. Failure to surrender the plates when required is a traffic infraction.
(2) If the special license plate or plates issued by the department become lost, defaced, damaged, or destroyed, application for a replacement special license plate or plates shall be made and fees paid as provided by law for the replacement of regular license plates.
NEW SECTION. Sec. 5. A new section is added to chapter 46.16 RCW to read as follows:
The proceeds generated from the sale of the Washington state heritage license plate series are intended to benefit various state activities and interests. The proceeds from the sale of each license plate theme within the series must be distributed in the following manner:
(1) Orca theme heritage license plate sale proceeds must be credited to the vessel response account under RCW 90.56.335;
(2) Steelhead trout theme heritage license plate sale proceeds must be credited to the natural science, wildlife, and environmental education partnership account under RCW 28A.300.445;
(3) Lewis and Clark theme heritage license plate sale proceeds must be credited to the oral history, state library, and archives account under RCW 43.07.380;
(4) Chief Seattle and story pole theme heritage license plate sale proceeds must be credited to the American Indian endowed scholarship trust fund under RCW 28B.108.050;
(5) Willow Goldfinch theme heritage license plate sale proceeds must be credited to the habitat conservation account under RCW 79A.15.020;
(6) Western Hemlock theme heritage license plate sale proceeds must be credited to the state parks renewal and stewardship account in RCW 79A.05.215;
(7) Washington state ferry theme heritage license plate sale proceeds must be credited to the multimodal transportation account under RCW 47.66.070; and
(8) Space Needle theme heritage license plate sale proceeds must be credited to the tourism development and promotion account in RCW 43.330.094."
Correct the title.
Representatives G. Simpson and Nixon spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives G. Simpson and Nixon spoke in favor of passage of the bill.
Representative Ericksen spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2167.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2167 and the bill passed the House by the following vote: Yeas - 58, Nays - 40, Absent - 0, Excused - 0.
Voting yea: Representatives Blake, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Tom, Veloria, Wallace, Wood and Mr. Speaker - 58.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Hunter, Kristiansen, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Roach, Rodne, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Sump, Talcott, Upthegrove and Woods - 40.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2167, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2475, By Representative Murray; by request of Department of Transportation
Facilitating enforcement of toll violations.
The bill was read the second time. There being no objection, Substitute House Bill No. 2475 was substituted for House Bill No. 2475 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2475 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Murray and Ericksen spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2475.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2475 and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.
Voting nay: Representatives Boldt, McMahan, Mielke and Orcutt - 4.
SUBSTITUTE HOUSE BILL NO. 2475, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2476, By Representative Murray; by request of Department of Transportation
Facilitating vehicle toll collection.
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 Murray and Ericksen spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2476.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2476 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 98.
HOUSE BILL NO. 2476, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2483, By Representatives Murray and McIntire
Modifying the disposition of title fees.
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 Murray and Ericksen spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2483.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2483 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 1, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Absent: Representative Lantz - 1.
HOUSE BILL NO. 2483, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2532, By Representative G. Simpson; by request of Department of Licensing
Modifying commercial driver's license provisions.
The bill was read the second time. There being no objection, Substitute House Bill No. 2532 was substituted for House Bill No. 2532 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2532 was read the second time.
Representative Armstrong moved the adoption of amendment (802):
On page 12, after line 10, insert the following:
"(3) Until September 30, 2005, the department may waive the knowledge examination required to obtain an "S" endorsement for a person who, at the time of application, holds a valid commercial driver license and either a P1 or P2 endorsement, has been regularly employed as a school bus driver or has regularly volunteered as a school bus driver for the previous two years, and has a good driving record."
Renumber the subsections following consecutively and correct any internal references accordingly.
Representative Armstrong spoke in favor of the adoption of the amendment.
Representative G. Simpson spoke against the adoption of the amendment.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives G. Simpson, Murray and Ericksen spoke in favor of passage of the bill.
Representative Armstrong spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2532.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2532 and the bill passed the House by the following vote: Yeas - 61, Nays - 37, Absent - 0, Excused - 0.
Voting yea: Representatives Blake, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 61.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Hinkle, Holmquist, Kristiansen, Mastin, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Sump and Talcott - 37.
SUBSTITUTE HOUSE BILL NO. 2532, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2736, By Representatives Murray, G. Simpson, Dickerson, Rockefeller and Wood
Streamlining transportation governance.
The bill was read the second time. There being no objection, Substitute House Bill No. 2736 was substituted for House Bill No. 2736 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2736 was read the second time.
Representative Murray moved the adoption of amendment (1021):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes the need to streamline governance of the transportation system in order to increase efficiency and accountability to the people it serves. The legislature intends to create a single point of accountability for the performance of the state department of transportation by making management of the department directly accountable to the governor.
The legislature also desires to further streamline governance structures. A bipartisan, bicameral review and analysis of the current duties and responsibilities of the transportation commission must be conducted to determine where these functions are best carried out.
NEW SECTION. Sec. 2. A bicameral, bipartisan review panel shall conduct a review and analysis of the statutory duties, roles, functions, and responsibilities of the transportation commission. The review panel must make recommendations for the disposition of these duties, roles, functions, and responsibilities, assuming the transportation commission is dissolved. In making its recommendations, the review panel must, at a minimum, consider the proper separation of powers between the executive and legislative branches of government.
The review panel is comprised of eight legislators, with equal representation from each house and each major political caucus. The chairpersons and ranking minority members of the house and senate transportation committees shall make appointments from their respective caucuses. The review panel must complete its analysis and forward its recommendations to the house of representatives and the senate by December 3, 2004.
Sec. 3. RCW 47.01.041 and 1983 1st ex.s. c 53 s 28 are each amended to read as follows:
The executive head of the department of transportation shall be the secretary of transportation, who shall be appointed by the ((transportation commission, and)) governor. The appointment of the secretary must be confirmed by the senate. The secretary shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. ((The secretary shall be an ex officio member of the commission without a vote. The secretary shall be the chief executive officer of the commission and be responsible to it, and shall be guided by policies established by it.)) The secretary shall serve ((until removed by the commission, but only for incapacity, incompetence, neglect of duty, malfeasance in office, or failure to carry out the commission's policies. Before a motion for dismissal shall be acted on by the commission, the secretary shall be granted a hearing on formal written charges before the full commission. An action by the commission to remove the secretary shall be final)) at the pleasure of the governor.
Sec. 4. RCW 43.17.020 and 1995 1st sp.s. c 2 s 2 are each amended to read as follows:
There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of community, trade, and economic development, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, ((and)) (14) the secretary of health, and (15) the director of financial institutions.
Such officers, except the ((secretary of transportation and the)) director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. ((The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.)) The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.
NEW SECTION. Sec. 5. The following acts or parts of acts are each repealed:
a. RCW 47.01.051 (Commission created--Appointment of members--Terms--Qualifications--Removal) and 1977 ex.s. c 151 s 5; and
b. RCW 47.01.071 (Commission--Functions, powers, and duties) and 1981 c 59 s 2, 1980 c 87 s 45, & 1977 ex.s. c 151 s 7.
NEW SECTION. Sec. 6. Section 5 of this act takes effect October 1, 2005."
Correct the title.
Representatives Murray and Ericksen spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Murray, Ericksen and Campbell spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2736.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2736 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Voting nay: Representative Moeller - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2736, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2808, By Representatives Murray, Jarrett, Hankins, Wallace, Hudgins, Cooper, Hunter, Moeller, Sullivan and Dickerson
Authorizing a pilot project for high-occupancy toll lanes.
The bill was read the second time. There being no objection, Substitute House Bill No. 2808 was substituted for House Bill No. 2808 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2808 was read the second time.
Representative Murray moved the adoption of amendment (992):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. LEGISLATIVE INTENT. The legislature recognizes that the Puget Sound region is faced with growing traffic congestion and has limited ability to expand freeway capacity due to financial, environmental, and physical constraints. Freeway high-occupancy vehicle lanes have been an effective means of providing transit, vanpools, and carpools with a fast trip on congested freeway corridors, but in many cases, these lanes are themselves getting crowded during the peak commute times, while some are being underused at off-peak times.
It is the intent of the legislature to maximize the effectiveness and efficiency of the freeway system. To evaluate methods to accomplish this, it is beneficial to evaluate alternative approaches to managing the use of freeway high-occupancy vehicle lanes, including pilot projects to determine and demonstrate the effectiveness and benefits of implementing high-occupancy toll lanes. The legislature acknowledges that state route 167 provides an ideal test of the high-occupancy toll lane concept because it is a congested corridor, it has underused capacity in the high-occupancy vehicle lane, and it has adequate right of way for improvements needed to test the concept. Therefore, it is the intent of this act to direct that the department of transportation, as a pilot project, develop and operate a high-occupancy toll lane on state route 167 in King county and to conduct an evaluation of that project to determine impacts on freeway efficiency, effectiveness for transit, feasibility of financing improvements through tolls, and the impacts on freeway users.
NEW SECTION. Sec. 2. A new section is added to chapter 47.56 RCW to read as follows:
DEFINITION OF HIGH-OCCUPANCY TOLL LANES. For the purposes of RCW 46.61.165 and sections 3 and 4 of this act, "high-occupancy toll lanes" means one or more lanes of a highway that charges tolls as a means of regulating access to or the use of the facility, to maintain travel speed and reliability. Supporting facilities include, but are not limited to, approaches, enforcement areas, improvements, buildings, and equipment.
NEW SECTION. Sec. 3. A new section is added to chapter 47.56 RCW to read as follows:
AUTHORITY TO DESIGNATE STATE ROUTE 167 HIGH-OCCUPANCY TOLL LANE PILOT PROJECT. (1) The department shall provide for the establishment, construction, and operation of a pilot project of high-occupancy toll lanes on state route 167 high-occupancy vehicle lanes within King county. The department may issue, buy, and redeem bonds, and deposit and expend them; secure and remit financial and other assistance in the construction of high-occupancy toll lanes, carry insurance, and handle any other matters pertaining to the high-occupancy toll lane pilot project.
(2) Tolls for high-occupancy toll lanes will be established as follows:
(a) The schedule of toll charges for high-occupancy toll lanes must be established by the transportation commission and collected in a manner determined by the commission.
(b) The department shall establish performance standards for the state route 167 high-occupancy toll lane pilot project. The department must automatically adjust the toll charge, using dynamic tolling, to ensure that toll-paying single-occupant vehicle users are only permitted to enter the lane to the extent that average vehicle speeds in the lane remain above forty-five miles per hour at least ninety percent of the time during the peak hour. The toll charge may vary in amount by time of day, level of traffic congestion within the highway facility, vehicle occupancy, or other criteria, as the commission may deem appropriate. The commission may also vary toll charges for single-occupant inherently low-emission vehicles such as those powered by electric batteries, natural gas, propane, or other clean burning fuels.
(c) The commission shall periodically review the toll charges to determine if the toll charges are effectively maintaining travel time, speed, and reliability on the highway facilities.
(3) The department shall monitor the state route 167 high-occupancy toll lane pilot project and shall annually report to the transportation commission and the legislature on operations and findings. At a minimum, the department shall provide facility use data and review the impacts on:
(a) Freeway efficiency and safety;
(b) Effectiveness for transit;
(c) Person and vehicle movements by mode;
(d) Ability to finance improvements and transportation services through tolls; and
(e) The impacts on all highway users. The department shall analyze aggregate use data and conduct, as needed, separate surveys to assess usage of the facility in relation to geographic, socioeconomic, and demographic information within the corridor in order to ascertain actual and perceived questions of equitable use of the facility.
(4) The department shall modify the pilot project to address identified safety issues and mitigate negative impacts to high-occupancy vehicle lane users.
(5) Authorization to impose high-occupancy vehicle tolls for the state route 167 high-occupancy toll pilot project expires if either of the following two conditions apply:
(a) If no contracts have been let by the department to begin construction of the toll facilities associated with this pilot project within four years of the effective date of this section; or
(b) Four years after toll collection begins under this section.
(6) The department of transportation shall adopt rules that allow automatic vehicle identification transponders used for electronic toll collection to be compatible with other electronic payment devices or transponders from the Washington state ferry system, other public transportation systems, or other toll collection systems to the extent that technology permits.
(7) The conversion of a single existing high-occupancy vehicle lane to a high-occupancy toll lane as proposed for SR-167 must be taken as the exception for this pilot project.
(8) A violation of the lane restrictions applicable to the high-occupancy toll lanes established under this section is a traffic infraction.
NEW SECTION. Sec. 4. A new section is added to chapter 47.66 RCW to read as follows:
The high-occupancy toll lanes operations account is created in the state treasury. The department shall deposit all revenues received by the department as toll charges collected from high-occupancy toll lane users. Moneys in this account may be spent only if appropriated by the legislature. Moneys in this account may be used for, but be not limited to, debt service, planning, administration, construction, maintenance, operation, repair, rebuilding, enforcement, and expansion of high-occupancy toll lanes and to increase transit, vanpool and carpool, and trip reduction services in the corridor. A reasonable proportion of the moneys in this account must be dedicated to increase transit, vanpool, carpool, and trip reduction services in the corridor.
Sec. 5. RCW 42.17.310 and 2003 1st sp.s. c 26 s 926, 2003 c 277 s 3, and 2003 c 124 s 1 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses or residential telephone numbers of employees or volunteers of a public agency which are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data base created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.
(nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.
(rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law.
(tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.
(vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.
(ww) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of:
(i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and
(ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism.
(xx) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data. However, this information may be released to government agencies concerned with the management of fish and wildlife resources.
(yy) Sensitive wildlife data obtained by the department of fish and wildlife. However, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data includes:
(i) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;
(ii) Radio frequencies used in, or locational data generated by, telemetry studies; or
(iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:
(A) The species has a known commercial or black market value;
(B) There is a history of malicious take of that species; or
(C) There is a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.
(zz) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying information to:
(i) Government agencies concerned with the management of fish and wildlife resources;
(ii) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have not been commingled with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to receive the records.
(ii) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have been commingled with other records, if the veteran has recorded a "request for exemption from public disclosure of discharge papers" with the county auditor. If such a request has been recorded, these records may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of the county auditor after June 30, 2002, are not public records, but will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of kin of deceased veterans have the same rights to full access to the record. Next of kin are the veteran's widow or widower who has not remarried, son, daughter, father, mother, brother, and sister.
(bbb) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a city, county, or state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile correctional facility or any individual's safety.
(ccc) Information compiled by school districts or schools in the development of their comprehensive safe school plans pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.
(ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities.
(eee) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW.
(fff) Proprietary data, trade secrets, or other information that relates to: (i) A vendor's unique methods of conducting business; (ii) data unique to the product or services of the vendor; or (iii) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011.
(ggg) Proprietary information deemed confidential for the purposes of section 923, chapter 26, Laws of 2003 1st sp. sess.
(hhh) The personally identifying information of persons who acquire and use transponders or other technology to facilitate payment of tolls. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. For these purposes aggregate data may include the census tract of the account holder as long as any individual personally identifying information is not released. Personally identifying information may be released to law enforcement agencies only for toll enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
Sec. 6. RCW 42.17.310 and 2003 c 277 s 3 and 2003 c 124 s 1 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses or residential telephone numbers of employees or volunteers of a public agency which are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data base created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.
(nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.
(rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law.
(tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.
(vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.
(ww) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of:
(i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and
(ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism.
(xx) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data. However, this information may be released to government agencies concerned with the management of fish and wildlife resources.
(yy) Sensitive wildlife data obtained by the department of fish and wildlife. However, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data includes:
(i) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;
(ii) Radio frequencies used in, or locational data generated by, telemetry studies; or
(iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:
(A) The species has a known commercial or black market value;
(B) There is a history of malicious take of that species; or
(C) There is a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.
(zz) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying information to:
(i) Government agencies concerned with the management of fish and wildlife resources;
(ii) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have not been commingled with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to receive the records.
(ii) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have been commingled with other records, if the veteran has recorded a "request for exemption from public disclosure of discharge papers" with the county auditor. If such a request has been recorded, these records may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of the county auditor after June 30, 2002, are not public records, but will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of kin of deceased veterans have the same rights to full access to the record. Next of kin are the veteran's widow or widower who has not remarried, son, daughter, father, mother, brother, and sister.
(bbb) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a city, county, or state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile correctional facility or any individual's safety.
(ccc) Information compiled by school districts or schools in the development of their comprehensive safe school plans pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.
(ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities.
(eee) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW.
(fff) Proprietary data, trade secrets, or other information that relates to: (i) A vendor's unique methods of conducting business; (ii) data unique to the product or services of the vendor; or (iii) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011.
(ggg) The personally identifying information of persons who acquire and use transponders or other technology to facilitate payment of tolls. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. For these purposes aggregate data may include the census tract of the account holder as long as any individual personally identifying information is not released. Personally identifying information may be released to law enforcement agencies only for toll enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
Sec. 7. RCW 43.84.092 and 2003 c 361 s 602, 2003 c 324 s 1, and 2003 c 48 s 2 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the election account, the emergency reserve fund, The Evergreen State College capital projects account, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the high-occupancy toll lanes operations account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
Sec. 8. RCW 43.84.092 and 2003 c 361 s 602, 2003 c 324 s 1, 2003 c 150 s 2, and 2003 c 48 s 2 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the election account, the emergency reserve fund, The Evergreen State College capital projects account, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the high-occupancy toll lanes operations account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 9. Section captions used in this act are not any part of the law.
NEW SECTION. Sec. 10. (1) Section 5 of this act expires June 30, 2005.
(2) Section 7 of this act expires July 1, 2005.
NEW SECTION. Sec. 11. (1) Section 6 of this act takes effect June 30, 2005.
(2) Section 8 of this act takes effect July 1, 2005."
Correct the title.
Representative Murray spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Murray, G. Simpson and Jarrett spoke in favor of passage of the bill.
Representatives Ericksen and Armstrong spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2808.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2808 and the bill passed the House by the following vote: Yeas - 57, Nays - 41, Absent - 0, Excused - 0.
Voting yea: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, Moeller, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 57.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, McDonald, McMahan, McMorris, Mielke, Miloscia, Morrell, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Sump, Talcott and Woods - 41.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2808, having received the necessary constitutional majority, was declared passed.
With the consent of the House, Rule 13c was suspended.
HOUSE BILL NO. 2910, By Representatives G. Simpson, Cooper, Woods, Hinkle and Conway
Authorizing special license plates for fire fighters and paramedics.
The bill was read the second time. There being no objection, Substitute House Bill No. 2910 was substituted for House Bill No. 2910 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2910 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 G. Simpson and Ericksen spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2910.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2910 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 98.
SUBSTITUTE HOUSE BILL NO. 2910, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2941, By Representatives Murray, Ericksen, Hankins, Jarrett, McDermott, Rockefeller, Morris, G. Simpson, Wood, Campbell, Sommers, Santos, Sullivan, Wallace and Clibborn
Requiring vehicle registration at the residence address.
The bill was read the second time. There being no objection, Substitute House Bill No. 2941 was substituted for House Bill No. 2941 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2941 was read the second time.
Representative Murray moved the adoption of amendment (1019):
On page 2, beginning on line 32, strike everything through "(b)" on line 35 and insert the following:
"(((1))) (a) Name and residence address of the owner of the vehicle if the vehicle is owned by an individual and, if the vehicle is subject to a security agreement, the name and address of the secured party;
(((2))) (b) The name and principal place of business in Washington from which the business of the registered owner is directed, managed, or conducted if the vehicle is owned by a business or sole proprietorship;
(c)"
Reletter the paragraphs following consecutively and correct any internal references accordingly.
On page 4, line 3, after "director" insert "and shall include the applicant's residence address"
On page 4, beginning on line 5, after "law" strike all material through "knowledge" on line 9 and insert "including, but not limited to, all special motor vehicle excise taxes with respect to any taxing district of which the applicant is a resident. The applicant must provide a residence address or meet an exception as provided in RCW 46.16.040. When a vehicle license is renewed after the effective date of this act, the applicant must certify under penalty of perjury that the address provided for the vehicle registration is the residence address. Payment of applicable fees is certification that the vehicle registration address is the residence address or the applicant has submitted a change of address to meet the address requirements of this act"
On page 5, after line 33, insert the following:
"NEW SECTION. Sec. 6. A new section is added to chapter 46.16 RCW to read as follows:
All reasonable costs incurred by the department of licensing associated with the administration of address certification provisions for authorities receiving funds collected under chapter 35.95A RCW shall be paid by those authorities."
Correct the title.
Representatives Murray and Nixon spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Murray and Ericksen spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2941.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2941 and the bill passed the House by the following vote: Yeas - 74, Nays - 24, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Anderson, Benson, Blake, Buck, Bush, Campbell, Chase, Clements, Clibborn, Cody, Conway, Cooper, Cox, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 74.
Voting nay: Representatives Alexander, Armstrong, Bailey, Boldt, Cairnes, Carrell, Chandler, Condotta, Crouse, DeBolt, Delvin, Hinkle, Holmquist, Kristiansen, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Roach, Schindler, Sehlin and Sump - 24.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2941, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3054, By Representatives G. Simpson, Skinner, Hankins, Wood, Rockefeller, Clibborn, Hatfield, Clements, Armstrong and Delvin
Restoring the vehicle tire fee.
The bill was read the second time. There being no objection, Substitute House Bill No. 3054 was substituted for House Bill No. 3054 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 3054 was read the second time.
Representative G. Simpson moved the adoption of amendment (938):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.95.510 and 1989 c 431 s 92 are each amended to read as follows:
(1) There is levied a one dollar per tire fee on the retail sale of new replacement vehicle tires ((for a period of five years, beginning October 1, 1989)). The fee imposed in this section shall be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the fee. The fee collected from the buyer by the seller ((less the ten percent amount retained by the seller as provided in RCW 70.95.535 shall)) must be paid to the department of revenue in accordance with RCW 82.32.045, and the proceeds remaining after the deposit required by subsections (3) and (4) of this section, must be deposited into the vehicle tire recycling account created under section 2 of this act. If the seller fails to collect the fee or fails to remit the fee to the department of revenue in the manner prescribed, the seller is personally liable to the state for the amount of the fee. All other applicable provisions of chapter 82.32 RCW have full force and application with respect to the fee imposed under this section. The department of revenue shall administer this section.
(2) For the purposes of this section, "new replacement vehicle tires" means tires that are newly manufactured for vehicle purposes and used tires available for resale, but does not include retreaded vehicle tires.
(3) Of the one-dollar fee imposed in subsection (1) of this section, thirty cents must be deposited into the motor vehicle account and must be used by the department of transportation for road maintenance, which must incorporate the use of material derived from scrap tires.
(4) Of the one-dollar fee imposed in subsection (1) of this section, three cents must be deposited into the state patrol highway account and must be used by the state patrol for business inspection and enforcement activities under RCW 46.55.230, 46.79.090, 46.80.150, and 47.41.070.
NEW SECTION. Sec. 2. A new section is added to chapter 70.95 RCW to read as follows:
The vehicle tire recycling account is created within the state treasury. After the deposit of funds into the motor vehicle account as provided for in RCW 70.95.510(3) and the state patrol highway account as provided for in RCW 70.95.510(4), the remaining funds received under RCW 70.95.510(1) must be deposited into the vehicle tire recycling account and used by the department of ecology for purposes including but not limited to those specified in RCW 70.95.535. The department of revenue shall deduct two percent from the funds collected under RCW 70.95.510 for the purpose of administering and collecting the fee from new replacement tire retailers.
NEW SECTION. Sec. 3. A new section is added to chapter 70.95 RCW to read as follows:
The department of ecology shall convene a committee consisting of one representative from the department of ecology and four members of the legislature, one from each caucus of the house of representatives and the senate. Legislative members from the house of representatives must be appointed by the speaker of the house, and legislative members from the senate must be appointed by the president of the senate. The committee is charged with the following duties:
(1) The committee shall prepare a statewide prioritized list of waste tire piles and a plan for their removal. The committee shall contact each county and request that the appropriate county departments (a) locate and identify waste tire piles in their county, and (b) submit a plan for removal. The statewide prioritized list of waste tire piles and plan for proper removal must be completed by January 1, 2005, and updated by annual reports to the legislature.
(2) The committee shall develop a plan for tracking the movement of waste tires to be completed by January 1, 2005, and updated by annual reports to the legislature. The plan must include the following elements:
(a) A list of licensed waste tire transporters and storage businesses;
(b) Quantities of waste tires being transported;
(c) Locations where waste tires are being collected;
(d) Locations where waste tires are transported;
(e) What the waste tires are being used for;
(f) Recommendations for additional enforcement; and
(g) Recommendations for preventing future waste tire piles from forming.
Sec. 4. RCW 70.95.530 and 1988 c 250 s 1 are each amended to read as follows:
Moneys in the vehicle tire recycling account may be appropriated to the department of ecology for the following purposes:
(1) To provide ((for)) funding to state and local governments for the removal of discarded vehicle tires from ((unauthorized)) illegal tire ((dump sites)) piles;
(2) To ((accomplish the other purposes of RCW 70.95.020(5); and
(3) To fund the study authorized in section 2, chapter 250, Laws of 1988)) support the programs provided for in RCW 70.95.535(2) and section 3 of this act.
In spending funds in the account under this section, the department of ecology shall ((identify communities with the most severe problems with waste tires and)) provide funds first to those ((communities)) counties with high-priority sites to remove accumulations of waste tires.
Sec. 5. RCW 70.95.535 and 1989 c 431 s 93 are each amended to read as follows:
(1) Every person engaged in making retail sales of new replacement vehicle tires in this state ((shall retain ten percent of the collected)) may collect a service fee that is separate from the one-dollar fee collected under RCW 70.95.510. The moneys ((retained may)) from the service fee must be used for costs associated with the proper management of the waste vehicle tires by the retailer.
(2) The department of ecology will administer the funds contained in the vehicle tire recycling account for ((the)) purposes ((specified in RCW 70.95.020(5))) including, but not limited to:
(a) ((Making grants to local governments for pilot demonstration projects for on-site shredding and recycling of tires from unauthorized dump sites;
(b))) Competitive grants to ((local)) county governments for removal of illegal waste tire piles and enforcement programs;
(((c))) (b) Implementation of a public information and education program to include posters, signs, and informational materials to be distributed to retail tire sales and tire service outlets;
(((d))) (c) Product marketing studies for recycled tires and alternatives to land disposal;
(d) Scrap tire demonstration projects including those implemented by state agencies;
(e) Statewide illegal tire pile cleanups, as provided for in RCW 70.95.530, and local citizen scrap tire amnesty events;
(f) Statewide tire carrier tracking, reporting, and enforcement of the movement of tires within this state.
(3) No less than twenty-three percent of the funds contained in the vehicle tire recycling account must be awarded to county governments for removal of illegal waste tire piles.
(4) County governments that are recipients of the enforcement program grant funding must submit an annual report to the department of ecology for each year the grant funding is expended, detailing the uses of the funds and including information on what enforcement activities were supported with the grant funds.
(5) No more than three percent of the funds contained in the vehicle tire recycling account may be used by the department of ecology for administration purposes."
Correct the title.
Representatives G. Simpson and Skinner spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives G. Simpson, Skinner, Cooper and Clements spoke in favor of passage of the bill.
Representative Ericksen spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 3054.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3054 and the bill passed the House by the following vote: Yeas - 62, Nays - 36, Absent - 0, Excused - 0.
Voting yea: Representatives Blake, Campbell, Chase, Clements, Clibborn, Cody, Conway, Cooper, Darneille, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, Miloscia, Moeller, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 62.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Condotta, Cox, Crouse, DeBolt, Ericksen, Hinkle, Holmquist, Kristiansen, McDonald, McMahan, McMorris, Mielke, Morrell, Newhouse, Orcutt, Pearson, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Sump and Talcott - 36.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 3054, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2923, By Representatives Ericksen, Dickerson, Sullivan, Nixon and G. Simpson
Authorizing magnetic levitation transportation systems.
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 Ericksen and Dickerson spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2923.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2923 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 98.
HOUSE BILL NO. 2923, having received the necessary constitutional majority, was declared passed.
HOUSE JOINT MEMORIAL NO. 4039, By Representatives Ericksen, Dickerson, Sullivan, Campbell, Nixon, G. Simpson and Upthegrove
Requesting Congress to consider Washington for magnetic levitation transportation funding.
The joint memorial was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the joint memorial was placed on final passage.
Representatives Ericksen and Dickerson spoke in favor of passage of the joint memorial.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Joint Memorial No. 4039.
ROLL CALL
The Clerk called the roll on the final passage of House Joint Memorial No. 4039 and the memorial passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 98.
HOUSE JOINT MEMORIAL NO. 4039, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2753, By Representatives Linville and Rockefeller
Creating a joint legislative forest management work group and requiring final sustainable harvest levels to be adopted by rule.
The bill was read the second time. There being no objection, Substitute House Bill No. 2753 was substituted for House Bill No. 2753 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2753 was read the second time.
With the consent of the House, amendments (792), (793) and (1022) were withdrawn.
Representative Orcutt moved the adoption of amendment (905):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the department of natural resources manages state forests consistent with the forest practices rules, habitat conservation plans, and under a sustained yield harvest plan. The forest management required by these constraints necessarily means that wood products originating from state forests are managed consistent with advanced principles of sustainable forestry stewardship that meet or exceed the environmental and social standards of most public and private timber growing operations in both the nation and the world. As such, the state of Washington should aggressively market its wood products to end consumers and product manufacturers that are concerned with the forest practices used to grow the timber they are choosing to purchase.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the board of natural resources.
(2) "Council" means the evergreen sustainable forestry council created in section 3 of this act.
(3) "Department" means the department of natural resources.
(4) "Small forest landowner" has the same meaning as defined in RCW 76.09.450.
NEW SECTION. Sec. 3. (1) The evergreen sustainable forestry council is created.
(2) The council is comprised of:
(a) The commissioner of public lands, or the commissioner's designee;
(b) The governor, or the governor's designee;
(c) The superintendent of public instruction, or the superintendent's designee;
(d) A designee representing the state university system, appointed by the governor;
(e) A designee representing those counties that contain state forest lands, appointed by the governor;
(f) Two owners or operators of private commercial timberland, appointed by the governor, one being a small forest landowner;
(g) Two members of the house of representatives from different political parties, appointed by the speaker of the house of representatives; and
(h) Two members of the senate from different political parties, appointed by the president of the senate.
(3) Staff to the council shall be provided by the department.
NEW SECTION. Sec. 4. (1) The council shall designate timber that satisfies the standards of this chapter as "evergreen certified."
(2) The council shall develop and implement a marketing plan for evergreen certified wood products. The goal of this plan is to:
(a) Educate wood purchasers about the environmental stewardship and sustainable forest practices involved in the planting, growing, and harvesting of evergreen certified wood;
(b) Promote evergreen certified wood in the marketplace as an alternative to the recognition of other third-party sustainable forestry certification organizations; and
(c) Develop a niche market for evergreen certified wood that will bring a premium price to the producers of evergreen certified wood.
NEW SECTION. Sec. 5. (1) Timber produced on public lands in Washington shall be designated as "evergreen certified" by the council if the timber satisfies the following criteria:
(a) The timber was managed in compliance with the forest practices rules adopted under chapter 76.09 RCW;
(b) The timber was managed in compliance with any habitat conservation plan agreed to by the department and the federal government; and
(c) The timber was harvested pursuant to a sustainable harvest plan adopted by the board under RCW 79.10.320.
(2) Timber produced on private lands in Washington must be designated as "evergreen certified" by the council if the timber was managed under the forest practices rules adopted under chapter 76.09 RCW.
NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 76 RCW."
Correct the title.
Representatives Orcutt, Buck, Sump and Kristiansen spoke in favor of the adoption of the amendment.
Representatives Rockefeller and Linville spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Rockefeller moved the adoption of amendment (927):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that trust beneficiaries, rural communities, and sustainable forest harvest management may benefit if wood produced on state-owned forests can be certified as sustainable and marketed as such. It is the intent of this legislation to provide the legislature, the board of natural resources, and other interested parties with the information that will allow for an informed decision on this policy question prior to the final adoption of a sustainable harvest calculation by the board of natural resources.
NEW SECTION. Sec. 2.
(1) The department of natural resources shall prepare a report for the legislature and the board of natural resources that identifies:(a) What changes to the current state forest management practices, including the provisions of any applicable habitat conservation plans, need to be implemented for state-managed forests to achieve third-party sustainable forestry certification under the standards of major sustainable forestry certification organizations;
(b) What added changes in operational costs would be associated with the changes in management practices necessary to achieve certifications;
(c) Whether and how the preferred sustainable harvest level alternative identified by the board of natural resources would satisfy the state's responsibilities under any applicable habitat conservation plans; and
(d) How the preferred sustainable harvest level calculation identified by the board of natural resources increases or decreases the cost of compliance with the standards of major sustainable forestry certification organizations.
(2) The department of natural resources shall complete its report and submit it to the board of natural resources and the appropriate standing committees of the legislature no later than September 14, 2004. The department shall include in its report sufficient detail on its calculations to facilitate the review and comment process established in subsection (3) of this section.
(3) The department of natural resources shall make copies of the report available to any interested party who wishes to review and comment on the report. Comments should be addressed to the chairs of the appropriate standing committees of the legislature.
Sec. II. RCW 79.10.320 and 2003 c 334 s 538 are each amended to read as follows:
(1) The department shall manage the state-owned lands under its jurisdiction which are primarily valuable for the purpose of growing forest crops on a sustained yield basis insofar as compatible with other statutory directives. To this end, the department shall periodically adjust the acreages designated for inclusion in the sustained yield management program and calculate a sustainable harvest level.
(2) For the final sustainable harvest level intended to be adopted by the board during calendar year 2004, the board may identify a single preferred harvest level alternative, and may only adopt a sustainable harvest level after:
(a) The report required in section 2 of this act has been produced and delivered to the appropriate standing committees of the legislature;
(b) A legislative review of the report has been conducted by the appropriate standing committees of the legislature; and
(c) At least one hearing has been held by the board of natural resources on the findings in the report and the results of the legislative review.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
NEW SECTION. Sec. 4. This act expires on July 1, 2005."
Correct the title.
Representative Sump moved the adoption of amendment (934) to amendment (927):
On page 1, line 10 of the amendment, after "question" strike "prior to the final adoption of a sustainable harvest calculation by the board of natural resources"
On page 2, beginning on line 14 of the amendment, strike all of section 3
Correct the title and renumber the sections accordingly.
Representatives Sump, Schoesler, Orcutt and Buck spoke in favor of the adoption of the amendment to the amendment.
Representatives Linville and Rockefeller spoke against the adoption of the amendment to the amendment.
The amendment to the amendment was not adopted.
Amendment (927) 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 Rockefeller and Linville spoke in favor of passage of the bill.
Representatives Schoesler, Sump, Schoesler (again) and Orcutt spoke against the passage of the bill.
MOTION
On motion of Representative Clements, Representatives Mielke and Skinner were excused.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2753.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2753 and the bill passed the House by the following vote: Yeas - 55, Nays - 41, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 55.
Voting nay: Representatives Ahern, Alexander, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hatfield, Hinkle, Holmquist, Kessler, Kristiansen, Mastin, McDonald, McMahan, McMorris, Newhouse, Orcutt, Pearson, Roach, Schindler, Schoesler, Sehlin, Shabro, Sump, Talcott and Woods - 41.
Excused: Representatives Mielke and Skinner - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2753, having received the necessary constitutional majority, was declared passed.
There being no objection, the House deferred action on HOUSE BILL NO. 2780, and the bill held its place on the second reading calendar.
HOUSE BILL NO. 3029, By Representatives Fromhold, Kenney, Moeller, Quall, Lovick, Sommers, Santos, Lantz, Conway and Upthegrove
Authorizing the use of Mexican consular photo identification cards for identification purposes.
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 Fromhold spoke in favor of passage of the bill.
Representative Carrell spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 3029.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3029 and the bill passed the House by the following vote: Yeas - 55, Nays - 41, Absent - 0, Excused - 2.
Voting yea: Representatives Blake, Chandler, Chase, Clibborn, Cody, Conway, Cooper, Darneille, DeBolt, Dickerson, Dunshee, Edwards, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, Miloscia, Moeller, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 55.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Clements, Condotta, Cox, Crouse, Delvin, Eickmeyer, Ericksen, Hankins, Hinkle, Holmquist, Kristiansen, McDonald, McMahan, McMorris, Morrell, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Sump, Talcott and Woods - 41.
Excused: Representatives Mielke and Skinner - 2.
HOUSE BILL NO. 3029, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2764, By Representatives Kagi, Dickerson, Moeller, Chase and Kenney
Providing for integration of services for deaf and hard of hearing children.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kagi and Boldt spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2764.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2764 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.
Excused: Representatives Mielke and Skinner - 2.
HOUSE BILL NO. 2764, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2765, By Representatives Dickerson, Kagi, McDermott, Moeller, Talcott, Chase, Conway, Kenney and Morrell
Establishing an advisory council on early interventions for children who are deaf or hard of hearing.
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 Dickerson and Boldt spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2765.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2765 and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.
Voting nay: Representative Schoesler - 1.
Excused: Representatives Mielke and Skinner - 2.
HOUSE BILL NO. 2765, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2131, By Representatives Grant, Chandler, Upthegrove, Clements, Cooper, Armstrong and Morris
Concerning retail sales by the liquor control board.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2131 was substituted for House Bill No. 2131 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 2131 was read the second time.
Representative Ericksen moved the adoption of amendment (994):
On page 2, line 4, after "sales" insert "of spirits only"
On page 2, line 6, after "July 1, 2007;" insert "however any Sunday sales shall be sales of spirits only;"
On page 2, line 18, after "include" strike "Sundays" and insert "Sunday sales of spirits only"
Representative Ericksen spoke in favor of the adoption of the amendment.
Representatives McIntire and Delvin spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Ericksen moved the adoption of amendment (950):
On page 2, line 10, after "vendors;" strike "and"
On page 2, line 13, after "authorized" insert "; and
(4) Requiring that all new state liquor stores be colocated with retail grocers"
Representative Ericksen spoke in favor of the adoption of the amendment.
Representative Conway spoke against the adoption of the amendment.
The amendment was not adopted.
With the consent of the House, amendment (861) was withdrawn.
Representative Schindler moved the adoption of amendment (1005):
On page 3, line 25, after "(3)" insert "(a)"
On page 4, after line 2, insert the following:
"(b) The board may not open a state-operated liquor store on Sundays in a city where it has a proposed or voluntary alcohol impact area or an existing alcohol impact area approved by the board."
Representative Schindler spoke in favor of the adoption of the amendment.
Representative McIntire spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Nixon moved the adoption of amendment (886):
On page 7, after line 24, insert the following:
"NEW SECTION. Sec. 7. A new section is added to chapter 66.16 RCW to read as follows:
Employees in state liquor stores, including agency vendor liquor stores, may not be required to work on their sabbath if doing so would violate their religious beliefs.
Renumber the remaining sections and correct the title accordingly.
Representatives Nixon and Conway spoke in favor of the adoption of the amendment.
The amendment was adopted.
With the consent of the House, amendment (967) was withdrawn.
Representative Ericksen moved the adoption of amendment (865):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 66.16.080 and 1988 c 101 s 1 are each amended to read as follows:
No sale or delivery of liquor shall be made on or from the premises of any state liquor store, nor shall any store be open for the sale of liquor, on Sunday or Monday, unless the board determines that unique circumstances exist which necessitate Sunday liquor sales by vendors appointed under RCW 66.08.050(2) of products of their own manufacture, not to exceed one case of liquor per customer."
Correct the title.
Representatives Ericksen and Mastin spoke in favor of the adoption of the amendment.
Representative McIntire spoke against the favor of the adoption of the amendment.
The amendment was not adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Grant, Conway and Ruderman spoke in favor of passage of the bill.
Representatives Benson, Clements, Bush and Ahern spoke against the passage of the bill.
Representative Anderson: "Mr. Speaker, I believe we have sort of beat this bill to death and we are wandering into other topics that perhaps are not germane to the bill."
The Speaker (Representative Lovick presiding): "The gentleman's point is well taken. The Speaker would like to say to the members that I think that the good lady from the 45th District remarks were germane to the bill but the Speaker will agree that it is time to vote on this bill."
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2131.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2131 and the bill passed the House by the following vote: Yeas - 51, Nays - 45, Absent - 0, Excused - 2.
Voting yea: Representatives Armstrong, Blake, Buck, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Delvin, Dickerson, Dunshee, Edwards, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lovick, Mastin, McCoy, McDermott, McIntire, Moeller, Morrell, Murray, Ormsby, Pettigrew, Quall, Rockefeller, Ruderman, Santos, Schoesler, Schual-Berke, G. Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 51.
Voting nay: Representatives Ahern, Alexander, Anderson, Bailey, Benson, Boldt, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Eickmeyer, Ericksen, Flannigan, Holmquist, Jarrett, Kristiansen, Lantz, Linville, McDonald, McMahan, McMorris, Miloscia, Morris, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Priest, Roach, Rodne, Romero, Schindler, Sehlin, Shabro, D. Simpson, Sump, Talcott and Woods - 45.
Excused: Representatives Mielke and Skinner - 2.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2131, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2488, By Representatives Cooper, Campbell, Hunt, Romero, O'Brien, Chase, Sullivan, Ruderman, Dunshee, Wood and Dickerson
Requiring electronic product management.
The bill was read the second time. There being no objection, Substitute House Bill No. 2488 was substituted for House Bill No. 2488 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2488 was read the second time.
Representative Cooper moved the adoption of amendment (941):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that advances in technology have created a significant number of obsolete electronic products. The legislature also finds the challenge of providing electronic product management and recycling opportunities for Washington residents can be effectively addressed through partnerships with electronic product manufacturers, retailers, consumers, local governments, waste haulers, recyclers, nonprofit organizations, and other stakeholders. Therefore, the legislature finds that the department of ecology shall work with electronic product stakeholders to evaluate existing projects, encourage new pilot projects as needed, and develop recommendations for implementing and financing the collection, recycling, and reuse of electronic products throughout the state.
NEW SECTION. Sec. 2. The definitions in this section apply throughout sections 1 through 3 of this act unless the context clearly requires otherwise.
(1) "Covered electronic product" means all computer monitors, personal computers, and televisions. Covered electronic product does not include medical devices and products, including materials intended for use as ingredients in such products, as such terms are defined in the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.) or the virus-serum-toxin act of 1913 (21 U.S.C. Sec. 151 et seq.), and regulations issued under those acts.
(2) "Department" means the department of ecology.
(3) "Electronic waste" means a covered electronic product that has been discarded by its owner, or that has entered the solid waste stream.
(4) "Historic waste" means discarded covered electronic products that were produced before June 30, 2006.
(5) "Manufacturer" means any person who, as of the effective date of this act: (a) Manufactures and sells covered electronic equipment under its own brand; (b) manufactures and sells covered electronic equipment without affixing a brand; or (c) resells covered electronic products produced by other suppliers under its own brand and label. The term "manufacturer" applies regardless of the selling technique used, including distance communication.
(6) "Orphan waste" means electronic waste that was manufactured by, or bears the brand of, a manufacturer that is no longer in business.
(7) "Recycling" means the use of previously manufactured materials including metals, glass, and plastics, as feedstock in the manufacturing of new products. "Recycling" does not include energy recovery or energy generation by means of combusting electronic waste with or without other waste.
(8) "Reuse" means any operation by which electronic waste or components of electronic waste are used for the same purposes for which they were originally created, including the continued use of the equipment or components of the equipment that are returned to collection points, recyclers, or manufacturers.
NEW SECTION. Sec. 3. (1) The department, in consultation with the solid waste advisory committee created under RCW 70.95.040, shall conduct research and develop recommendations for implementing and financing an electronic product collection, recycling, and reuse program. The department and the solid waste advisory committee shall consult with stakeholders including persons who represent covered electronic product manufacturers, covered electronic product retailers, waste haulers, electronics recyclers, charities, cities, counties, environmental organizations, public interest organizations, and other interested parties that have a role or interest in the collection, reuse, and recycling of electronic waste.
(2) The department shall identify and evaluate existing projects and encourage new pilot projects for electronic product collection, recycling, and reuse that allow for new information to be obtained. In evaluating new and existing projects, factors to be considered include:
(a) Urban versus rural recycling challenges and issues;
(b) The involvement of electronic product manufacturers;
(c) Different methods of financing the collection, reuse, and recycling programs for electronic products;
(d) The impact of the approach on local governments, nonprofit organizations, waste haulers, and other stakeholders;
(e) How to address historic and orphan waste; and
(f) The effect of landfill bans on collection and recovery of electronic products.
(3) The department shall also:
(a) Examine existing programs and infrastructure for reuse and recycling of electronic waste;
(b) Compile information on electronic product manufacturers' electronic product collection, recycling, and reuse programs;
(c) Review existing data on the costs to collect, transport, and recycle electronic waste;
(d) Develop possible performance measures to assess the effectiveness of collection, reuse, and recycling of covered electronic products;
(e) Develop a description of what could be accomplished voluntarily and what would require regulation or legislation if needed to implement the recommended statewide collection, recycling, and reuse program for covered electronic products;
(f) Research the potential impacts of recycling or reusing electronic waste on jobs, recycling infrastructure, and economic development;
(g) Evaluate the suitability of lined and unlined facilities for the disposal of covered electronic products;
(h) Explore state financial incentives for developing business opportunities and jobs in the area of electronic product recycling and reuse infrastructure;
(i) Develop and assess ways to establish and finance a statewide collection, reuse, and recycling program for covered electronic products; and
(j) Work with the federal environmental protection agency, other federal agencies, and interested stakeholders to:
(i) Determine the amount of electronic waste exported from Washington that is subject to reporting under 40 C.F.R. part 262;
(ii) Determine the amount of electronic waste exported from Washington that is not subject to reporting under 40 C.F.R. part 262, including electronic waste from households, small quantity generators, regulated generators, and other sources; and
(iii) Identify methods to determine if exports of electronic waste from Washington are in compliance with national laws in destination countries.
(4) The department shall report its findings and recommendations for implementing and financing a state electronic product collection, recycling, and reuse program to the appropriate committees of the legislature by December 15, 2004.
NEW SECTION. Sec. 4. Sections 1 through 3 of this act expire June 30, 2005."
Correct the title.
Representative Cooper spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Cooper and Hinkle spoke in favor of passage of the bill.
MOTION
On motion of Representative Santos, Representatives Edwards and Wallace were excused.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2488.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2488 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 94.
Excused: Representatives Edwards, Mielke, Skinner and Wallace - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2488, having received the necessary constitutional majority, was declared passed.
There being no objection, the House advanced to the seventh order of business.
THIRD READING
SUBSTITUTE HOUSE BILL NO. 1000, By House Committee on Local Government (originally sponsored by Representatives Sullivan, Cooper, Chase, O'Brien, Haigh and Nixon)
Regulating the authority of metropolitan municipal corporations to acquire property.
There being no objection, the rules were suspended and SUBSTITUTE HOUSE BILL NO. 1000 was returned to second reading for purpose of amendment.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1000, By House Committee on Local Government (originally sponsored by Representatives Sullivan, Cooper, Chase, O'Brien, Haigh and Nixon)
Regulating the authority of metropolitan municipal corporations to acquire property.
The bill was read the second time.
Representative O'Brien moved the adoption of amendment (958):
On page 2, beginning on line 4, strike all of section 2
Correct the title.
Representative O'Brien spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Sullivan and Nixon spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1000.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1000 and the bill passed the House by the following vote: Yeas - 89, Nays - 5, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Cody, Condotta, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 89.
Voting nay: Representatives Clibborn, Conway, Hudgins, Jarrett and G. Simpson - 5.
Excused: Representatives Edwards, Mielke, Skinner and Wallace - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1000, having received the necessary constitutional majority, was declared passed.
I intended to vote NAY on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1000.
TIMM ORMSBY, 3rd District
I intended to vote NAY on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1000.
PHYLLIS KENNEY, 46th District
I intended to vote NAY on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1000.
VELMA VELORIA, 11th District
There being no objection, the House advanced to the seventh order of business.
THIRD READING
HOUSE BILL NO. 1935, By Representatives Haigh, Ahern and Hatfield
Changing prerequisites for county auditors calling special elections.
The bill was read the third time.
Representatives Haigh and Ahern spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1935.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1935 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 94.
Excused: Representatives Edwards, Mielke, Skinner and Wallace - 4.
HOUSE BILL NO. 1935, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 1967, By Representatives Haigh, Miloscia and Hunt; by request of Department of General Administration
Allowing the state purchasing and material control director to receive electronic and web-based bids.
Representatives Haigh and Armstrong spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1967.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1967 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 94.
Excused: Representatives Edwards, Mielke, Skinner and Wallace - 4.
HOUSE BILL NO. 1967, having received the necessary constitutional majority, was declared passed.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2406, By Representatives McCoy, Rockefeller, Conway, McDermott, Sullivan, Ormsby, Fromhold, Hunt, Lovick, Cooper, Haigh, Anderson, Kenney, Santos, Darneille, Chase, Moeller and Lantz
Requiring tribal history and culture curriculum.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2406 was substituted for House Bill No. 2406 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 2406 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 McCoy and Anderson spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 2406.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2406 and the bill passed the House by the following vote: Yeas - 82, Nays - 12, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Blake, Buck, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Cox, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 82.
Voting nay: Representatives Armstrong, Benson, Boldt, Bush, Condotta, Crouse, Hinkle, Holmquist, McMahan, Newhouse, Orcutt and Schindler - 12.
Excused: Representatives Edwards, Mielke, Skinner and Wallace - 4.
SECOND SUBSTITUTE HOUSE BILL NO. 2406, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2541, By Representatives Conway, Fromhold and Moeller; by request of Select Committee on Pension Policy
Establishing an asset smoothing corridor for actuarial valuations used in the funding of the state retirement systems.
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 Conway and Sehlin spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2541.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2541 and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 93.
Voting nay: Representative Anderson - 1.
Excused: Representatives Edwards, Mielke, Skinner and Wallace - 4.
HOUSE BILL NO. 2541, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2754, By Representatives Linville and Rockefeller
Preventing the sexual abuse of children by custodians.
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 Linville spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2754.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2754 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 94.
Excused: Representatives Edwards, Mielke, Skinner and Wallace - 4.
HOUSE BILL NO. 2754, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2783, By Representatives Pettigrew, Skinner, O'Brien, Jarrett, Sullivan, Priest, Hunt, Cooper, Conway, Cairnes, Eickmeyer, Kirby, G. Simpson, Ruderman, Schual-Berke, Chase, Lantz, Kenney, Morrell, Wood and Murray
Providing a property tax exemption for nonprofits that assist small businesses.
The bill was read the second time. There being no objection, Substitute House Bill No. 2783 was substituted for House Bill No. 2783 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2783 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 Pettigrew and Cairnes spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2783.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2783 and the bill passed the House by the following vote: Yeas - 65, Nays - 29, Absent - 0, Excused - 4.
Voting yea: Representatives Anderson, Blake, Buck, Bush, Cairnes, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Delvin, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Orcutt, Ormsby, Pettigrew, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood and Mr. Speaker - 65.
Voting nay: Representatives Ahern, Alexander, Armstrong, Bailey, Benson, Boldt, Carrell, Chandler, Clements, Condotta, Cox, Crouse, Darneille, DeBolt, Ericksen, Hinkle, Holmquist, Kristiansen, McDonald, McMahan, Newhouse, Nixon, Pearson, Priest, Schindler, Schoesler, Sehlin, Shabro and Woods - 29.
Excused: Representatives Edwards, Mielke, Skinner and Wallace - 4.
SUBSTITUTE HOUSE BILL NO. 2783, having received the necessary constitutional majority, was declared passed.
I intended to vote YEA on SUBSTITUTE HOUSE BILL NO. 2783.
PATRICIA LANTZ, 26th District
HOUSE BILL NO. 2807, By Representatives Murray, Cox, Quall, McIntire, Kenney and Edwards
Providing for rules concerning off-campus behavior of higher education students.
The bill was read the second time. There being no objection, Substitute House Bill No. 2807 was substituted for House Bill No. 2807 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2807 was read the second time.
Representative Murray moved the adoption of amendment (935):
0n page 1, beginning on line 6, strike all material through "representatives." on line 15 and insert the following:
"(1) Each institution of higher education shall adopt rules regarding disruptive off-campus conduct of students, including sanctions. Sanctions may include, but are not limited to, counseling, probation, suspension, or expulsion.
(2) As used in this section, "disruptive off-campus conduct" means any conduct that results in a citation or conviction for the violation of laws or ordinances and that:
(a) Interferes with the institution of higher education's relationship with the surrounding community;
(b) Harms the reputation of the institution of higher education; or
(c) Violates the institution of higher education's policies.
(3) As used in this section, "off-campus" means neighborhoods, businesses, and public places that are proximate to the campus of the institution.
(4) Rules adopted under this section may not violate the civil rights of students protected under the Constitution of the United States or the state of Washington. The rules must also provide due process procedures for students who have been accused of disruptive off-campus conduct.
(5) Each institution of higher education shall report the substance of the rules adopted under this section to the higher education committees of the legislature by December 1, 2004."
Representatives Murray and Cox spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Murray and Cox spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2807.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2807 and the bill passed the House by the following vote: Yeas - 91, Nays - 3, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Veloria, Wood, Woods and Mr. Speaker - 91.
Voting nay: Representatives Hudgins, Morrell and Upthegrove - 3.
Excused: Representatives Edwards, Mielke, Skinner and Wallace - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2807, having received the necessary constitutional majority, was declared passed.
There being no objection, the House deferred action on HOUSE BILL NO. 2934, and the bill held its place on the second reading calendar.
HOUSE BILL NO. 2968, By Representatives Linville, Quall and Rockefeller
Providing excise tax deductions for governmental payments to nonprofit organizations for salmon restoration.
The bill was read the second time.
Representative Cairnes moved the adoption of amendment (816):
On page 1, line 11, after "support" strike "volunteer recruitment, volunteer training, public outreach, and education for"
Representatives Cairnes and Buck spoke in favor of the adoption of the amendment.
Representative McIntire spoke against the adoption of the amendment.
There being no objection, the House deferred action on HOUSE BILL NO. 2968, and the bill held its place on the second reading calendar.
HOUSE BILL NO. 2934, By Representatives Wallace, Clements, Jarrett, Sump, Orcutt, Darneille, Moeller, Hudgins, Hunt, Boldt, Morrell, Campbell, Sullivan, Linville, Condotta, Newhouse, Shabro and Kenney
Limiting homeowners' associations' restrictions on the display of the flag.
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 Lantz and Carrell spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2934.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2934 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 94.
Excused: Representatives Edwards, Mielke, Skinner and Wallace - 4.
HOUSE BILL NO. 2934, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3036, By Representatives Hunter, Cairnes, Roach and Nixon
Modifying unclaimed property laws for gift certificates.
The bill was read the second time.
Representative Hunter moved the adoption of amendment (975):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to relieve businesses from the obligation of reporting gift certificates as unclaimed property. In order to protect consumers, the legislature intends to prohibit acts and practices of retailers that deprive consumers of the full value of gift certificates, such as expiration dates, service fees, and dormancy and inactivity charges, on gift certificates. The legislature does not intend that this act be construed to apply to cards or other payment instruments issued for payment of wages or other intangible property. To that end, the legislature intends that this act should be liberally construed to benefit consumers and that any ambiguities should be resolved by applying the uniform unclaimed property act to the intangible property in question.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Artistic and cultural organization" has the same meaning as in RCW 82.04.4328.
(2) "Charitable organization" means an organization exempt from tax under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)).
(3) "Fund-raising activity" has the same meaning as in RCW 82.04.3651.
(4) "Gift card" means a record as described in subsection (5) of this section in the form of a card, or a stored value card or other physical medium, containing stored value primarily intended to be exchanged for consumer goods and services.
(5) "Gift certificate" means an instrument evidencing a promise by the seller or issuer of the record that consumer goods or services will be provided to the bearer of the record to the value or credit shown in the record and includes gift cards.
(6) "Bearer" means a person with a right to receive consumer goods and services under the terms of a gift certificate, without regard to any fee, expiration date, or dormancy or inactivity charge.
(7) "Issue" means to sell or otherwise provide a gift certificate to any person, and includes reloading or adding value to an existing gift certificate.
(8) "Stored value" has the same meaning as in RCW 19.230.010.
NEW SECTION. Sec. 3. (1) Except as provided in sections 4 through 8 of this act, it is unlawful for any person or entity to issue, or to enforce against a bearer, a gift certificate that contains:
(a) An expiration date;
(b) Any fee, including a service fee; or
(c) A dormancy or inactivity charge.
(2) If a gift certificate is issued with the sale of tangible personal property or services, the gift certificate is subject to subsection (1) of this section.
(3) If a purchase is made with a gift certificate for an amount that is less than the value of the gift certificate, the issuer must make the remaining value available to the bearer in cash or as a gift certificate at the option of the issuer. If after the purchase the remaining value of the gift certificate is less than five dollars, the gift certificate must be redeemable in cash for its remaining value on demand of the bearer. A gift certificate is valid until redeemed or replaced.
(4) This section does not require, unless otherwise required by law, the issuer of a gift certificate to replace a lost or stolen gift certificate.
NEW SECTION. Sec. 4. (1) It is lawful to issue, and to enforce against the bearer, a gift certificate containing an expiration date if:
(a) The gift certificate is issued pursuant to an awards or loyalty program or in other instances where no money or other thing of value is given in exchange for the gift certificate.
(b) The gift certificate is donated to a charitable organization without any money or other thing of value being given in exchange for the gift certificate if the gift certificate is used by a charitable organization solely to provide charitable services.
(2) The expiration date must be disclosed clearly and legibly on any gift certificate described in subsection (1) of this section.
NEW SECTION. Sec. 5. It is lawful to issue, and to enforce against the bearer, a gift card containing a dormancy or inactivity charge if:
(1) A statement is printed on the gift card in at least six-point font stating the amount of the charge, how often the charge will occur, and that the charge is triggered by inactivity of the gift card. The statement may appear on the front or back of the gift card, but shall appear in a location where it is visible to any purchaser before the purchase of the gift card;
(2) The remaining value of the gift card is five dollars or less each time the charge is assessed;
(3) The charge does not exceed one dollar per month;
(4) The charge can only be assessed when there has been no activity on the gift card for twenty-four consecutive months, including but not limited to, purchases, the adding of value, or balance inquiries;
(5) The bearer may reload or add value to the gift card; and
(6) After a dormancy or inactivity charge is assessed, the remaining value of the gift certificate is redeemable in cash on demand.
NEW SECTION. Sec. 6. It is lawful to issue, and to enforce against the bearer, a gift certificate containing an expiration date if:
(1) The gift certificate is donated to a charitable organization and is used for fund-raising activities of a charitable organization, without any money or other thing of value being given in exchange for the gift certificate by the charitable organization;
(2) The expiration date is clearly and legibly printed on the front or face of the gift certificate, or printed on the back of the certificate in at least ten-point font; and
(3) The expiration date is at least one year from the date the gift certificate is issued by the charitable organization.
NEW SECTION. Sec. 7. It is lawful to issue, and to enforce against the bearer, a gift certificate containing an expiration date if:
(1) The gift certificate is redeemable solely for goods or services provided in the state of Washington by artistic and cultural organizations;
(2) The expiration date is clearly and legibly printed on the front or face of the gift certificate, or printed on the back of the certificate in at least ten-point font;
(3) The expiration date is at least three years from the date the gift certificate is issued by the artistic and cultural organizations; and
(4) The unused value of the gift certificate at the time of expiration accrues solely to the benefit of artistic and cultural organizations.
NEW SECTION. Sec. 8. A requirement under sections 4 through 7 of this act that a statement or expiration date be printed on a gift certificate is satisfied if the statement appears as otherwise required on a sticker permanently affixed to the gift certificate.
NEW SECTION. Sec. 9. An issuer is not required to honor a gift certificate presumed abandoned under RCW 63.29.110, reported, and delivered to the department of revenue in the dissolution of a business association.
NEW SECTION. Sec. 10. (1) A gift certificate constitutes value held in trust by the issuer of the gift certificate on behalf of the beneficiary of the gift certificate. The value represented by the gift certificate belongs to the beneficiary, or to the legal representative of the beneficiary to the extent provided by law, and not to the issuer.
(2) An issuer of a gift certificate who is in bankruptcy shall continue to honor a gift certificate issued before the date of the bankruptcy filing on the grounds that the value of the gift certificate constitutes trust property of the beneficiary.
(3) The terms of a gift certificate may not make its redemption or other use invalid in the event of a bankruptcy.
(4) This section does not require, unless otherwise required by law, the issuer of a gift certificate to:
(a) Redeem a gift certificate for cash;
(b) Replace a lost or stolen gift certificate; or
(c) Maintain a separate account for the funds used to purchase the gift certificate.
(5) This section does not create an interest in favor of the beneficiary of the gift certificate in any specific property of the issuer.
(6) This section does not create a fiduciary or quasi-fiduciary relationship between the beneficiary of the gift certificates and the issuer unless otherwise provided by law.
(7) The issuer of a gift certificate has no obligation to pay interest on the value of a gift certificate held in trust under this section, unless otherwise provided by law.
NEW SECTION. Sec. 11. This chapter does not apply to gift certificates issued by financial institutions as defined in RCW 30.22.041 or their operating subsidiaries that are usable with multiple unaffiliated sellers of goods or services.
NEW SECTION. Sec. 12. An agreement made in violation of the provisions of this chapter is contrary to public policy and is void and unenforceable against the bearer.
Sec. 13. RCW 63.29.010 and 1983 c 179 s 1 are each amended to read as follows:
As used in this chapter, unless the context otherwise requires:
(1) "Department" means the department of revenue established under RCW 82.01.050.
(2) "Apparent owner" means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder.
(3) "Attorney general" means the chief legal officer of this state referred to in chapter 43.10 RCW.
(4) "Banking organization" means a bank, trust company, savings bank, land bank, safe deposit company, private banker, or any organization defined by other law as a bank or banking organization.
(5) "Business association" means a nonpublic corporation, joint stock company, investment company, business trust, partnership, or association for business purposes of two or more individuals, whether or not for profit, including a banking organization, financial organization, insurance company, or utility.
(6) "Domicile" means the state of incorporation of a corporation and the state of the principal place of business of an unincorporated person.
(7) "Financial organization" means a savings and loan association, cooperative bank, building and loan association, or credit union.
(8) "Gift certificate" has the same meaning as in section 2 of this act.
(9) "Holder" means a person, wherever organized or domiciled, who is:
(a) In possession of property belonging to another,
(b) A trustee, or
(c) Indebted to another on an obligation.
(((9))) (10) "Insurance company" means an association, corporation, fraternal or mutual benefit organization, whether or not for profit, which is engaged in providing insurance coverage, including accident, burial, casualty, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life (including endowments and annuities), malpractice, marine, mortgage, surety, and wage protection insurance.
(((10))) (11) "Intangible property" does not include contract claims which are unliquidated but does include:
(a) Moneys, checks, drafts, deposits, interest, dividends, and income;
(b) Credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, and unidentified remittances, but does not include discounts which represent credit balances for which no consideration was given;
(c) Stocks, and other intangible ownership interests in business associations;
(d) Moneys deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;
(e) Liquidated amounts due and payable under the terms of insurance policies; and
(f) Amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits.
(((11))) (12) "Last known address" means a description of the location of the apparent owner sufficient for the purpose of the delivery of mail.
(((12))) (13) "Owner" means a depositor in the case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant, or payee in the case of other intangible property, or a person having a legal or equitable interest in property subject to this chapter or his legal representative.
(((13))) (14) "Person" means an individual, business association, state or other government, governmental subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity.
(((14))) (15) "State" means any state, district, commonwealth, territory, insular possession, or any other area subject to the legislative authority of the United States.
(((15))) (16) "Third party bank check" means any instrument drawn against a customer's account with a banking organization or financial organization on which the banking organization or financial organization is only secondarily liable.
(((16))) (17) "Utility" means a person who owns or operates for public use any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas.
Sec. 14. RCW 63.29.020 and 2003 1st sp.s. c 13 s 1 are each amended to read as follows:
(1) Except as otherwise provided by this chapter, all intangible property, including any income or increment derived therefrom, less any lawful charges, that is held, issued, or owing in the ordinary course of the holder's business and has remained unclaimed by the owner for more than three years after it became payable or distributable is presumed abandoned.
(2) Property, with the exception of unredeemed Washington state lottery tickets and unpresented winning parimutuel tickets, is payable and distributable for the purpose of this chapter notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment.
(3) This chapter does not apply to claims drafts issued by insurance companies representing offers to settle claims unliquidated in amount or settled by subsequent drafts or other means.
(4) This chapter does not apply to property covered by chapter 63.26 RCW.
(5) This chapter does not apply to used clothing, umbrellas, bags, luggage, or other used personal effects if such property is disposed of by the holder as follows:
(a) In the case of personal effects of negligible value, the property is destroyed; or
(b) The property is donated to a bona fide charity.
(6) This chapter does not apply to a gift certificate subject to the prohibition against expiration dates under section 3 of this act or to a gift certificate subject to sections 4 through 7 of this act. However, this chapter applies to gift certificates presumed abandoned under RCW 63.29.110.
Sec. 15. RCW 63.29.140 and 2003 1st sp.s. c 13 s 7 are each amended to read as follows:
(1) A gift certificate or a credit memo issued in the ordinary course of an issuer's business which remains unclaimed by the owner for more than three years after becoming payable or distributable is presumed abandoned.
(2) In the case of a gift certificate, the amount presumed abandoned is the price paid by the purchaser for the gift certificate. In the case of a credit memo, the amount presumed abandoned is the amount credited to the recipient of the memo.
(3) A gift certificate that is presumed abandoned under this section may, but need not be, included in the report as provided under RCW 63.29.170(4). If a gift certificate that is presumed abandoned under this section is not timely reported as provided under RCW 63.29.170(4), sections 1 through 12 of this act apply to the gift certificate.
Sec. 16. RCW 63.29.170 and 2003 c 237 s 1 are each amended to read as follows:
(1) A person holding property presumed abandoned and subject to custody as unclaimed property under this chapter shall report to the department concerning the property as provided in this section.
(2) The report must be verified and must include:
(a) Except with respect to travelers checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of property with a value of more than fifty dollars presumed abandoned under this chapter;
(b) In the case of unclaimed funds of more than fifty dollars held or owing under any life or endowment insurance policy or annuity contract, the full name and last known address of the insured or annuitant and of the beneficiary according to the records of the insurance company holding or owing the funds;
(c) In the case of the contents of a safe deposit box or other safekeeping repository or in the case of other tangible property, a description of the property and the place where it is held and where it may be inspected by the department, and any amounts owing to the holder;
(d) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, but items with a value of fifty dollars or less each may be reported in the aggregate;
(e) The date the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property; and
(f) Other information the department prescribes by rule as necessary for the administration of this chapter.
(3) If the person holding property presumed abandoned and subject to custody as unclaimed property is a successor to other persons who previously held the property for the apparent owner or the holder has changed his or her name while holding the property, the holder shall file with the report all known names and addresses of each previous holder of the property.
(4) The report must be filed before November 1st of each year and shall include, except as provided in RCW 63.29.140(3), all property presumed abandoned and subject to custody as unclaimed property under this chapter that is in the holder's possession as of the preceding June 30th. On written request by any person required to file a report, the department may postpone the reporting date.
(5) After May 1st, but before August 1st, of each year in which a report is required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at the last known address informing him or her that the holder is in possession of property subject to this chapter if:
(a) The holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate;
(b) The claim of the apparent owner is not barred by the statute of limitations; and
(c) The property has a value of more than seventy-five dollars.
NEW SECTION. Sec. 17. Sections 1 through 12 of this act constitute a new chapter in Title 19 RCW.
NEW SECTION. Sec. 18. Sections 1 through 12 of this act apply to:
(1) Gift certificates issued on or after July 1, 2004; and
(2) Those gift certificates presumed abandoned on or after July 1, 2004, and not reported as provided in RCW 63.29.170(4).
NEW SECTION. Sec. 19. Sections 13 and 14 of this act take effect July 1, 2004.
NEW SECTION. Sec. 20. Sections 15 and 16 of this act take effect January 1, 2005."
Correct the title.
Representatives Hunter and Cairnes spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hunter and Cairnes spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 3036.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 3036 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 94.
Excused: Representatives Edwards, Mielke, Skinner and Wallace - 4.
ENGROSSED HOUSE BILL NO. 3036, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3070, By Representatives Veloria and Chase
Modifying the appointment process for the joint legislative oversight committee on trade policy.
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 Veloria spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 3070.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3070 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 94.
Excused: Representatives Edwards, Mielke, Skinner and Wallace - 4.
HOUSE BILL NO. 3070, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2772, By Representatives Schual-Berke, Cody, O'Brien, G. Simpson, Moeller, Dickerson, Chase and Conway
Controlling genetic information.
The bill was read the second time. There being no objection, Substitute House Bill No. 2772 was substituted for House Bill No. 2772 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2772 was read the second time.
Representative Schual-Berke moved the adoption of amendment (883):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.18.480 and 1957 c 193 s 12 are each amended to read as follows:
((No)) An insurer shall not make or permit any unfair discrimination between insureds or subjects of insurance having substantially like insuring, risk, and exposure factors, and expense elements, in the terms or conditions of any insurance contract, or in the rate or amount of premium charged therefor, or in the benefits payable or in any other rights or privileges accruing thereunder. This ((provision shall)) section does not prohibit fair discrimination by a life insurer as between individuals having unequal expectation of life, except that insurers may not require a person to undergo a genetic test or provide the results of a previous genetic test as a condition of offering or renewing insurance. If an insurer has information from a genetic test, the insurer may only use that information if it demonstrates the active presence of disease or illness. An insurer may not use information from a genetic test if the information only demonstrates a propensity for a condition or illness and not the active presence of disease or illness.
(1) "Genetic information" means written or recorded information about genes, gene products, or genetic characteristics derived from an individual or a family member of the individual. "Gene product" is a scientific term that means messenger RNA and translated protein. For purposes of this chapter, "genetic information" shall not include routine physical measurements: Chemical, blood, and urine analysis, unless conducted purposely to diagnose a genetic characteristic; tests for the abuse of drugs; tests for cholesterol; and tests for the presence of HIV. Family histories do not constitute genetic information.
(2) "Genetic test" means a test of human DNA, RNA, mitochondrial DNA, chromosomes, or other material for the purpose of identifying genes, inherited or acquired genetic abnormalities, or the presence or absence of inherited or acquired characteristics in the genetic material. For the purposes of this section, "genetic test" does not include tests given for cholesterol or HIV. Employers may test for the presence of drugs or alcohol, but may not use the results of these tests to gain genetic information.
NEW SECTION. Sec. 2. A new section is added to chapter 49.44 RCW to read as follows:
It is unlawful for any person, firm, corporation, or the state of Washington, its political subdivisions, or municipal corporations to require, directly or indirectly, that any employee or prospective employee submit genetic information or submit to screening for genetic information as a condition of employment or continued employment. On the effective date of this section, if an employer possesses genetic information about an employee, it is unlawful for the employer to disclose the genetic information without the employee's informed consent.
(1) "Genetic information" means written or recorded information about genes, gene products, or genetic characteristics derived from an individual or a family member of the individual. "Gene product" is a scientific term that means messenger RNA and translated protein. For purposes of this chapter, "genetic information" shall not include routine physical measurements: Chemical, blood, and urine analysis, unless conducted purposely to diagnose a genetic characteristic; tests for the abuse of drugs; tests for cholesterol; and tests for the presence of HIV. Family histories do not constitute genetic information.
(2) "Genetic test" means a test of human DNA, RNA, mitochondrial DNA, chromosomes, or other material for the purpose of identifying genes, inherited or acquired genetic abnormalities, or the presence or absence of inherited or acquired characteristics in the genetic material. For the purposes of this section, "genetic test" does not include tests given for cholesterol or HIV. Employers may test for the presence of drugs or alcohol, but may not use the results of these tests to gain genetic information.
Sec. 3. RCW 49.60.020 and 1993 c 510 s 2 are each amended to read as follows:
((The provisions of)) This chapter shall be construed liberally for the accomplishment of the purposes thereof. ((Nothing contained in)) This chapter ((shall be deemed to)) does not repeal any of the provisions of any other law of this state relating to discrimination because of race, color, creed, national origin, sex, genetic information, marital status, age, or the presence of any sensory, mental, or physical disability, other than a law which purports to require or permit doing any act which is an unfair practice under this chapter. ((Nor shall anything herein contained be construed to)) This chapter does not deny the right to any person to institute any action or pursue any civil or criminal remedy based upon an alleged violation of his or her civil rights.
Sec. 4. RCW 49.60.030 and 1997 c 271 s 2 are each amended to read as follows:
(1) The right to be free from discrimination because of race, creed, color, national origin, sex, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person is recognized as and declared to be a civil right. This right shall include, but not be limited to:
(a) The right to obtain and hold employment without discrimination;
(b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;
(c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;
(d) The right to engage in credit transactions without discrimination;
(e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination((: PROVIDED, That)). A practice ((which)) that is not unlawful under RCW 48.18.480, 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph; and
(f) The right to engage in commerce free from any discriminatory boycotts or blacklists. Discriminatory boycotts or blacklists for purposes of this section shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a disabled person, or national origin or lawful business relationship((: PROVIDED HOWEVER, That)). Nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices.
(2) Any person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys' fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).
(3) Except for any unfair practice committed by an employer against an employee or a prospective employee, or any unfair practice in a real estate transaction which is the basis for relief specified in the amendments to RCW 49.60.225 contained in chapter 69, Laws of 1993, any unfair practice prohibited by this chapter which is committed in the course of trade or commerce as defined in the Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of applying that chapter, a matter affecting the public interest, is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce.
Sec. 5. RCW 49.60.040 and 1997 c 271 s 3 are each amended to read as follows:
As used in this chapter:
(1) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; it includes any owner, lessee, proprietor, manager, agent, or employee, whether one or more natural persons; and further includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision thereof;
(2) "Commission" means the Washington state human rights commission;
(3) "Employer" includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons, and does not include any religious or sectarian organization not organized for private profit;
(4) "Employee" does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person;
(5) "Labor organization" includes any organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms or conditions of employment, or for other mutual aid or protection in connection with employment;
(6) "Employment agency" includes any person undertaking with or without compensation to recruit, procure, refer, or place employees for an employer;
(7) "Marital status" means the legal status of being married, single, separated, divorced, or widowed;
(8) "National origin" includes "ancestry";
(9) "Full enjoyment of" includes the right to purchase any service, commodity, or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, without acts directly or indirectly causing persons of any particular race, creed, color, sex, national origin, or with any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a disabled person, to be treated as not welcome, accepted, desired, or solicited;
(10) "Any place of public resort, accommodation, assemblage, or amusement" includes, but is not limited to, any place, licensed or unlicensed, kept for gain, hire, or reward, or where charges are made for admission, service, occupancy, or use of any property or facilities, whether conducted for the entertainment, housing, or lodging of transient guests, or for the benefit, use, or accommodation of those seeking health, recreation, or rest, or for the burial or other disposition of human remains, or for the sale of goods, merchandise, services, or personal property, or for the rendering of personal services, or for public conveyance or transportation on land, water, or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation, or public purposes, or public halls, public elevators, and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or educational institution, or schools of special instruction, or nursery schools, or day care centers or children's camps: PROVIDED, That nothing contained in this definition shall be construed to include or apply to any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, including fraternal organizations, though where public use is permitted that use shall be covered by this chapter; nor shall anything contained in this definition apply to any educational facility, columbarium, crematory, mausoleum, or cemetery operated or maintained by a bona fide religious or sectarian institution;
(11) "Real property" includes buildings, structures, dwellings, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein;
(12) "Real estate transaction" includes the sale, appraisal, brokering, exchange, purchase, rental, or lease of real property, transacting or applying for a real estate loan, or the provision of brokerage services;
(13) "Dwelling" means any building, structure, or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof;
(14) "Sex" means gender;
(15) "Aggrieved person" means any person who: (a) Claims to have been injured by an unfair practice in a real estate transaction; or (b) believes that he or she will be injured by an unfair practice in a real estate transaction that is about to occur;
(16) "Complainant" means the person who files a complaint in a real estate transaction;
(17) "Respondent" means any person accused in a complaint or amended complaint of an unfair practice in a real estate transaction;
(18) "Credit transaction" includes any open or closed end credit transaction, whether in the nature of a loan, retail installment transaction, credit card issue or charge, or otherwise, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such credit is extended in the regular course of any trade or commerce, including but not limited to transactions by banks, savings and loan associations or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or service therefrom may be deferred;
(19) "Families with children status" means one or more individuals who have not attained the age of eighteen years being domiciled with a parent or another person having legal custody of such individual or individuals, or with the designee of such parent or other person having such legal custody, with the written permission of such parent or other person. Families with children status also applies to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years;
(20) "Covered multifamily dwelling" means: (a) Buildings consisting of four or more dwelling units if such buildings have one or more elevators; and (b) ground floor dwelling units in other buildings consisting of four or more dwelling units;
(21) "Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the public and common use areas of a building;
(22) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons;
(23) "Service animal" means an animal that is trained for the purpose of assisting or accommodating a disabled person's sensory, mental, or physical disability;
(24) "Genetic information" means written or recorded information about genes, gene products, or genetic characteristics derived from an individual or a family member of the individual. "Gene product" is a scientific term that means messenger RNA and translated protein. For purposes of this chapter, "genetic information" shall not include routine physical measurements: Chemical, blood, and urine analysis, unless conducted purposely to diagnose a genetic characteristic; tests for the abuse of drugs; tests for cholesterol; and tests for the presence of HIV. Family histories do not constitute genetic information.
(25) "Genetic test" means a test of human DNA, RNA, mitochondrial DNA, chromosomes, or other material for the purpose of identifying genes, inherited or acquired genetic abnormalities, or the presence or absence of inherited or acquired characteristics in the genetic material. For the purposes of this section, "genetic test" does not include tests given for cholesterol or HIV. Employers may test for the presence of drugs or alcohol, but may not use the results of these tests to gain genetic information.
Sec. 6. RCW 49.60.180 and 1997 c 271 s 10 are each amended to read as follows:
It is an unfair practice for any employer:
(1) To refuse to hire any person because of age, sex, marital status, race, creed, color, national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved.
(2) To discharge or bar any person from employment because of age, sex, marital status, race, creed, color, national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person.
(3) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, race, creed, color, national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes.
(4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, race, creed, color, national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification((: PROVIDED, Nothing contained herein shall)). This subsection does not prohibit advertising in a foreign language.
(5) To offer a person an inducement to disclose genetic information; to question a person about his or her genetic information; to solicit submission to, require, or administer a genetic test to any person as a condition of employment; or to collect, solicit, or require disclosure of genetic information from any person as a condition of employment.
Sec. 7. RCW 49.60.190 and 1997 c 271 s 11 are each amended to read as follows:
It is an unfair practice for any labor union or labor organization:
(1) To deny membership and full membership rights and privileges to any person because of age, sex, marital status, race, creed, color, national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person.
(2) To expel from membership any person because of age, sex, marital status, race, creed, color, national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person.
(3) To discriminate against any member, employer, employee, or other person to whom a duty of representation is owed because of age, sex, marital status, race, creed, color, national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person.
(4) To offer a person an inducement to disclose genetic information; to question a person about his or her genetic information; to solicit submission to, require, or administer a genetic test to any person as a condition of membership; or to collect, solicit, or require disclosure of genetic information from any person as a condition of membership.
Sec. 8. RCW 49.60.200 and 1997 c 271 s 12 are each amended to read as follows:
It is an unfair practice for any employment agency:
(1) To fail or refuse to classify properly or refer for employment, or otherwise to discriminate against, an individual because of age, sex, marital status, race, creed, color, national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person, or to print or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification or discrimination as to age, sex, race, creed, color, or national origin, genetic information, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification((: PROVIDED, Nothing contained herein shall)). This subsection does not prohibit advertising in a foreign language.
(2) To offer a person an inducement to disclose genetic information; to question a person about his or her genetic information; to solicit submission to, require, or administer a genetic test to any person as a condition of employment classification, assignment, or referral; or to collect, solicit, or require disclosure of genetic information from any person as a condition of employment classification, assignment, or referral."
Correct the title.
Representative Schual-Berke spoke in favor of adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Schual-Berke, Benson, Santos and Benson (again) spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2772.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2772 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 94.
Excused: Representatives Edwards, Mielke, Skinner and Wallace - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2772, having received the necessary constitutional majority, was declared passed.
SECOND READING SUSPENSION
HOUSE BILL NO. 2661, By Representatives G. Simpson, Newhouse, Anderson, Chase and Miloscia
Creating a web site for information on fugitives.
The bill was read the second time.
There being no objection, the committee recommendation was adopted and SECOND SUBSTITUTE HOUSE BILL NO. 2661 was read the second time.
The bill was placed on final passage.
Representatives G. Simpson and Newhouse spoke in favor of passage of the bill.
MOTION
On motion of Representative Holmquist, Representative Shabro was excused.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 2661.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2661 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 93.
Excused: Representatives Edwards, Mielke, Shabro, Skinner and Wallace - 5.
SECOND SUBSTITUTE HOUSE BILL NO. 2661, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2905, By Representatives Hatfield and Jarrett
Modifying provisions for type 1 limited areas of more intensive rural development.
The bill was read the second time. There being no objection, Substitute House Bill No. 2905 was substituted for House Bill No. 2905 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2905 was read the second time.
Representative Romero moved the adoption of amendment (989):
On page 4, beginning on line 6, after "area" strike all material through "not" on line 7, and insert "shall be subject to the requirements of (d)(iv) of this subsection, but shall not be"
On page 4, beginning on line 14, after "(C)" strike all material through "section" on line 18, and insert "Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas. Development and redevelopment may include changes in use from vacant land or a previously existing use so long as the new use conforms to the requirements of this subsection (5)"
Representatives Romero and Schindler spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hatfield and Jarrett spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2905.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2905 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 93.
Excused: Representatives Edwards, Mielke, Shabro, Skinner and Wallace - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2905, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 3080, By Representatives Linville and Rockefeller
Focusing the state budgeting process on outcomes and priorities.
The bill was read the second time. There being no objection, Substitute House Bill No. 3080 was substituted for House Bill No. 3080 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 3080 was read the second time.
Representative Linville moved the adoption of amendment (976):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.88 RCW to read as follows:
The legislature finds that agency missions, goals, and objectives should focus on statewide results. It is the intent of the legislature to focus the biennial budget on how state agencies produce real results that reflect the goals of statutory programs. Specifically, budget managers and the legislature must have the data to move toward better statewide results that produce the intended public benefit. This data must be supplied in an impartial, quantifiable form, and demonstrate progress toward statewide results. With a renewed focus on achieving true results, state agencies, the office of financial management, and the legislature will be able to prioritize state resources.
Sec. 2. RCW 43.88.090 and 1997 c 372 s 1 are each amended to read as follows:
(1) For purposes of developing budget proposals to the legislature, the governor shall have the power, and it shall be the governor's duty, to require from proper agency officials such detailed estimates and other information in such form and at such times as the governor shall direct. The governor shall communicate statewide priorities to agencies for use in developing biennial budget recommendations for their agency and shall seek public involvement and input on these priorities. The estimates for the legislature and the judiciary shall be transmitted to the governor and shall be included in the budget without revision. The estimates for state pension contributions shall be based on the rates provided in chapter 41.45 RCW. Copies of all such estimates shall be transmitted to the standing committees on ways and means of the house and senate at the same time as they are filed with the governor and the office of financial management.
The estimates shall include statements or tables which indicate, by agency, the state funds which are required for the receipt of federal matching revenues. The estimates shall be revised as necessary to reflect legislative enactments and adopted appropriations and shall be included with the initial biennial allotment submitted under RCW 43.88.110. The estimates must reflect that the agency considered any alternatives to reduce costs or improve service delivery identified in the findings of a performance audit of the agency by the joint legislative audit and review committee. Nothing in this subsection requires performance audit findings to be published as part of the budget.
(2) Each state agency shall define its mission and establish measurable goals for achieving desirable results for those who receive its services and the taxpayers who pay for those services. Each agency shall also develop clear strategies and timelines to achieve its goals. This section does not require an agency to develop a new mission or goals in place of identifiable missions or goals that meet the intent of this section. The mission and goals of each agency must conform to statutory direction and limitations.
(3) For the purpose of assessing program performance, each state agency shall establish program, quality, and productivity objectives for each major program in its budget. The objectives must be consistent with the missions and goals developed under this section. The objectives must be expressed to the extent practicable in outcome-based, objective, and measurable form unless an exception to adopt a different standard is granted by the office of financial management and approved by the legislative committee on performance review. Objectives must specifically address the statutory purpose of the program and shall focus on data that measure whether the agency is achieving or making progress toward the purpose of the program and toward statewide priorities. The office of financial management shall provide necessary professional and technical assistance to assist state agencies in the development of strategic plans that include the mission of the agency and its programs, measurable goals, strategies, and performance measurement systems.
(4) Each state agency shall adopt procedures for and perform continuous self-assessment of each program and activity, using the mission, goals, objectives, and measurements required under subsections (2) and (3) of this section. Agencies' progress toward the mission, goals, objectives, and measurements required by subsections (2) and (3) of this section is subject to review as set forth in this subsection.
(a) The office of financial management shall regularly conduct reviews of selected programs to analyze whether the objectives and measurements submitted by agencies demonstrate progress toward statewide results.
(b) The office of financial management shall consult with the higher education coordinating board, and the state board for community and technical colleges in those reviews that involve institutions of higher education.
(c) The goal is for all programs to receive at least one review each biennium.
(5) It is the policy of the legislature that each agency's budget ((proposals)) recommendations must be directly linked to the agency's stated mission and program, quality, and productivity goals and objectives. Consistent with this policy, agency budget proposals must include integration of performance measures that allow objective determination of a program's success in achieving its goals. When a review under subsection (4) of this section or other analysis determines that the agency's objectives demonstrate that the agency is making insufficient progress toward the goals of any particular program or is otherwise underachieving or inefficient, the agency's budget request shall contain proposals to remedy or improve the selected programs. The office of financial management shall develop a plan to merge the budget development process with agency performance assessment procedures. The plan must include a schedule to integrate agency strategic plans and performance measures into agency budget requests and the governor's budget proposal over three fiscal biennia. The plan must identify those agencies that will implement the revised budget process in the 1997-1999 biennium, the 1999-2001 biennium, and the 2001-2003 biennium. In consultation with the legislative fiscal committees, the office of financial management shall recommend statutory and procedural modifications to the state's budget, accounting, and reporting systems to facilitate the performance assessment procedures and the merger of those procedures with the state budget process. The plan and recommended statutory and procedural modifications must be submitted to the legislative fiscal committees by September 30, 1996.
(6) In reviewing agency budget requests in order to prepare the governor's biennial budget request, the office of financial management shall consider the extent to which the agency's programs demonstrate progress toward the statewide priorities, identified by the governor and the legislature, along with any specific review conducted under subsection (4) of this section.
(7) In the year of the gubernatorial election, the governor shall invite the governor-elect or the governor-elect's designee to attend all hearings provided in RCW 43.88.100; and the governor shall furnish the governor-elect or the governor-elect's designee with such information as will enable the governor-elect or the governor-elect's designee to gain an understanding of the state's budget requirements. The governor-elect or the governor-elect's designee may ask such questions during the hearings and require such information as the governor-elect or the governor-elect's designee deems necessary and may make recommendations in connection with any item of the budget which, with the governor-elect's reasons therefor, shall be presented to the legislature in writing with the budget document. Copies of all such estimates and other required information shall also be submitted to the standing committees on ways and means of the house and senate.
Sec. 3. RCW 43.88.030 and 2002 c 371 s 911 are each amended to read as follows:
(1) The director of financial management shall provide all agencies with a complete set of instructions for submitting biennial budget requests to the director at least three months before agency budget documents are due into the office of financial management. The director shall provide agencies and committees that are required under RCW 44.40.070 to develop comprehensive six-year program and financial plans with a complete set of instructions for submitting these program and financial plans at the same time that instructions for submitting other budget requests are provided. The budget document or documents shall consist of the governor's budget message which shall be explanatory of the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well as an outline of the proposed six-year financial policies where applicable, and shall describe in connection therewith the important features of the budget. The biennial budget document or documents shall also describe accountability indicators that demonstrate measurable progress towards priority results. The message shall set forth the reasons for salient changes from the previous fiscal period in expenditure and revenue items and shall explain any major changes in financial policy. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements as the governor shall deem to be useful to the legislature. The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based upon the estimated revenues and caseloads as approved by the economic and revenue forecast council and caseload forecast council or upon the estimated revenues and caseloads of the office of financial management for those funds, accounts, sources, and programs for which the forecast councils do not prepare an official forecast, including those revenues anticipated to support the six-year programs and financial plans under RCW 44.40.070. In estimating revenues to support financial plans under RCW 44.40.070, the office of financial management shall rely on information and advice from the transportation revenue forecast council. Revenues shall be estimated for such fiscal period from the source and at the rates existing by law at the time of submission of the budget document, including the supplemental budgets submitted in the even-numbered years of a biennium. However, the estimated revenues and caseloads for use in the governor's budget document may be adjusted to reflect budgetary revenue transfers and revenue and caseload estimates dependent upon budgetary assumptions of enrollments, workloads, and caseloads. All adjustments to the approved estimated revenues and caseloads must be set forth in the budget document. The governor may additionally submit, as an appendix to each supplemental, biennial, or six-year agency budget or to the budget document or documents, a proposal for expenditures in the ensuing fiscal period from revenue sources derived from proposed changes in existing statutes.
Supplemental and biennial documents shall reflect a six-year expenditure plan consistent with estimated revenues from existing sources and at existing rates for those agencies required to submit six-year program and financial plans under RCW 44.40.070. Any additional revenue resulting from proposed changes to existing statutes shall be separately identified within the document as well as related expenditures for the six-year period.
The budget document or documents shall also contain:
(a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the current fiscal period, those anticipated for the ensuing biennium, and those anticipated for the ensuing six-year period to support the six-year programs and financial plans required under RCW 44.40.070;
(b) The undesignated fund balance or deficit, by fund;
(c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the legislature may direct by law or concurrent resolution;
(d) Such additional information dealing with revenues and expenditures as the governor shall deem pertinent and useful to the legislature;
(e) Tabulations showing expenditures classified by fund, function, activity, and agency. However, documents submitted for the 2003-05 biennial budget request need not show expenditures by activity;
(f) ((A delineation of each agency's activities, including those activities funded from nonbudgeted, nonappropriated sources, including funds maintained)) The expenditures that include nonbudgeted, nonappropriated accounts outside the state treasury;
(g) Identification of all proposed direct expenditures to implement the Puget Sound water quality plan under chapter 90.71 RCW, shown by agency and in total; and
(h) Tabulations showing each postretirement adjustment by retirement system established after fiscal year 1991, to include, but not be limited to, estimated total payments made to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for the ensuing biennium.
(2) The budget document or documents shall include detailed estimates of all anticipated revenues applicable to proposed operating or capital expenditures and shall also include all proposed operating or capital expenditures. The total of beginning undesignated fund balance and estimated revenues less working capital and other reserves shall equal or exceed the total of proposed applicable expenditures. The budget document or documents shall further include:
(a) Interest, amortization and redemption charges on the state debt;
(b) Payments of all reliefs, judgments, and claims;
(c) Other statutory expenditures;
(d) Expenditures incident to the operation for each agency;
(e) Revenues derived from agency operations;
(f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the immediately past fiscal period and those anticipated for the current biennium and next ensuing biennium, as well as those required to support the six-year programs and financial plans required under RCW 44.40.070;
(g) A showing and explanation of amounts of general fund and other funds obligations for debt service and any transfers of moneys that otherwise would have been available for appropriation;
(h) Common school expenditures on a fiscal-year basis;
(i) A showing, by agency, of the value and purpose of financing contracts for the lease/purchase or acquisition of personal or real property for the current and ensuing fiscal periods; and
(j) A showing and explanation of anticipated amounts of general fund and other funds required to amortize the unfunded actuarial accrued liability of the retirement system specified under chapter 41.45 RCW, and the contributions to meet such amortization, stated in total dollars and as a level percentage of total compensation.
(3) The governor's operating budget document or documents shall reflect the statewide priorities as required by RCW 43.88.090.
(4) The governor's operating budget document or documents shall identify programs that are not addressing the statewide priorities.
(5) A separate capital budget document or schedule shall be submitted that will contain the following:
(a) A statement setting forth a long-range facilities plan for the state that identifies and includes the highest priority needs within affordable spending levels;
(b) A capital program consisting of proposed capital projects for the next biennium and the two biennia succeeding the next biennium consistent with the long-range facilities plan. Insomuch as is practical, and recognizing emergent needs, the capital program shall reflect the priorities, projects, and spending levels proposed in previously submitted capital budget documents in order to provide a reliable long-range planning tool for the legislature and state agencies;
(c) A capital plan consisting of proposed capital spending for at least four biennia succeeding the next biennium;
(d) A strategic plan for reducing backlogs of maintenance and repair projects. The plan shall include a prioritized list of specific facility deficiencies and capital projects to address the deficiencies for each agency, cost estimates for each project, a schedule for completing projects over a reasonable period of time, and identification of normal maintenance activities to reduce future backlogs;
(e) A statement of the reason or purpose for a project;
(f) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;
(g) A statement about the proposed site, size, and estimated life of the project, if applicable;
(h) Estimated total project cost;
(i) For major projects valued over five million dollars, estimated costs for the following project components: Acquisition, consultant services, construction, equipment, project management, and other costs included as part of the project. Project component costs shall be displayed in a standard format defined by the office of financial management to allow comparisons between projects;
(j) Estimated total project cost for each phase of the project as defined by the office of financial management;
(k) Estimated ensuing biennium costs;
(l) Estimated costs beyond the ensuing biennium;
(m) Estimated construction start and completion dates;
(n) Source and type of funds proposed;
(o) Estimated ongoing operating budget costs or savings resulting from the project, including staffing and maintenance costs;
(p) For any capital appropriation requested for a state agency for the acquisition of land or the capital improvement of land in which the primary purpose of the acquisition or improvement is recreation or wildlife habitat conservation, the capital budget document, or an omnibus list of recreation and habitat acquisitions provided with the governor's budget document, shall identify the projected costs of operation and maintenance for at least the two biennia succeeding the next biennium. Omnibus lists of habitat and recreation land acquisitions shall include individual project cost estimates for operation and maintenance as well as a total for all state projects included in the list. The document shall identify the source of funds from which the operation and maintenance costs are proposed to be funded;
(q) Such other information bearing upon capital projects as the governor deems to be useful;
(r) Standard terms, including a standard and uniform definition of normal maintenance, for all capital projects;
(s) Such other information as the legislature may direct by law or concurrent resolution.
For purposes of this subsection (((3))) (5), the term "capital project" shall be defined subsequent to the analysis, findings, and recommendations of a joint committee comprised of representatives from the house capital appropriations committee, senate ways and means committee, legislative transportation committee, legislative evaluation and accountability program committee, and office of financial management.
(((4))) (6) No change affecting the comparability of agency or program information relating to expenditures, revenues, workload, performance and personnel shall be made in the format of any budget document or report presented to the legislature under this section or RCW 43.88.160(1) relative to the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence. Prior legislative concurrence shall consist of (a) a favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is in session or (b) a favorable majority vote on the proposal by members of the legislative evaluation and accountability program committee if the legislature is not in session.
NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2004, in the omnibus appropriations act, this act is null and void."
Correct the title.
Representatives Linville and Sehlin spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Linville and Sehlin spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 3080.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3080 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 93.
Excused: Representatives Edwards, Mielke, Shabro, Skinner and Wallace - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 3080, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2501, By Representatives Hunter, Cairnes and McIntire; by request of Department of Revenue
Correcting errors in and omissions from chapter 168, Laws of 2003, which implemented portions of the streamlined sales and use tax agreement.
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 Hunter and Cairnes spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2501.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2501 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 93.
Excused: Representatives Edwards, Mielke, Shabro, Skinner and Wallace - 5.
HOUSE BILL NO. 2501, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2518, By Representatives Kirby, Conway, Morris, Holmquist and Hinkle
Exempting from the state public utility tax the sales of electricity to an electrolytic processing business.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2518 was substituted for House Bill No. 2518 and the second substitute bill was placed on the second reading calendar.
SECOND SUBSTITUTE HOUSE BILL NO. 2518 was read the second time.
Representative McIntire moved adoption of amendment (996):
On page 2, line 24, after "(3)" strike all material through "(4)" on line 35
Renumber remaining subsections consecutively and correct internal references accordingly
Representative McIntire spoke in favor of adoption of the amendment.
The amendment was adopted.
Representative McIntire moved adoption of amendment (997):
On page 3, line 7, after "31," strike all material through "2007" on line 8 and insert "2007.
(b) This section expires June 30, 2008"
On page 4, line 19, after "through" strike "2006" and insert "2007"
On page 5, line 10, after "(5) By December 1," strike "2005, and by December 1, 2006" and insert "2006, and by December 1, 2007"
Representative McIntire spoke in favor of adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kirby and Holmquist spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2518.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2518 and the bill passed the House by the following vote: Yeas - 88, Nays - 5, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 88.
Voting nay: Representatives Blake, Jarrett, Moeller, Nixon and Tom - 5.
Excused: Representatives Edwards, Mielke, Shabro, Skinner and Wallace - 5.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2518, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2675, By Representatives McMorris, Morris, Bush and Crouse
Modifying electric utility tax credit provisions.
The bill was read the second time. There being no objection, Substitute House Bill No. 2675 was substituted for House Bill No. 2675 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2675 was read the second time.
Representative Mastin moved the adoption of amendment (977):
On page 2, line 35, after "reside" insert "or work"
Representative Mastin spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McMorris and McIntire spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2675.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2675 and the bill passed the House by the following vote: Yeas - 91, Nays - 2, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 91.
Voting nay: Representatives Jarrett and Moeller - 2.
Excused: Representatives Edwards, Mielke, Shabro, Skinner and Wallace - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2675, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2693, By Representatives Hinkle, McIntire, Cairnes, Fromhold and Holmquist
Modifying the taxation of timber on publicly owned land.
The bill was read the second time. There being no objection, Substitute House Bill No. 2693 was substituted for House Bill No. 2693 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2693 was read the second time.
Representative Hinkle moved the adoption of amendment (801):
On page 11, line 11, strike "90" and insert "70"
On page 11, line 12, strike "80" and insert "62.5"
On page 11, line 13, strike "70" and insert "55"
On page 11, line 14, strike "60" and insert "47.5"
On page 11, line 15, strike "50" and insert "40"
On page 11, line 16, strike "40" and insert "32.5"
On page 11, line 17, strike "30" and insert "22.5"
On page 11, line 18, strike "20" and insert "15"
On page 11, line 19, strike "10" and insert "7.5"
Representatives Hinkle and McIntire spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hinkle and McIntire spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2693.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2693 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 93.
Excused: Representatives Edwards, Mielke, Shabro, Skinner and Wallace - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2693, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2987, By Representatives Roach, G. Simpson, Dunshee, Murray, Anderson, Hatfield, Cairnes, Delvin, Buck and Woods
Offering motorcycle or motor-driven cycle insurance.
The bill was read the second time.
Representative Roach moved the adoption of amendment (930):
On page 1, line 14, after "(2)" strike "Except under subsection (9) of this section, no" and insert "No"
On page 3, line 23, after "coverage" strike all material through "writing" on line 24
Representatives Roach and G. Simpson spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Roach and G. Simpson spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 2987.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2987 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 93.
Excused: Representatives Edwards, Mielke, Shabro, Skinner and Wallace - 5.
ENGROSSED HOUSE BILL NO. 2987, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2781, By Representatives Upthegrove, Schindler, Jarrett, Clibborn and Schual-Berke
Changing provisions relating to state agency review of development regulations.
The bill was read the second time. There being no objection, Substitute House Bill No. 2781 was substituted for House Bill No. 2781 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2781 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 Schindler spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2781.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2781 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, D. Simpson, G. Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 93.
Excused: Representatives Edwards, Mielke, Shabro, Skinner and Wallace - 5.
SUBSTITUTE HOUSE BILL NO. 2781, having received the necessary constitutional majority, was declared passed.
There being no objection, the Committee on Rules was relieved of HOUSE BILL NO. 2777 and HOUSE BILL NO. 3047, and the bills were placed on the second reading calendar.
There being no objection, the Committee on State Government was relieved of SENATE BILL NO. 6163, and the bill was referred to the Committee on Education.
There being no objection, the Committee on Children & Family Services was relieved of SENATE BILL NO. 6213, and the bill was referred to the Committee on Judiciary.
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the House adjourned until 10:00 a.m., February 17, 2004, the 37th Day of the Regular Session.
FRANK CHOPP, Speaker RICHARD NAFZIGER, Chief Clerk