HJ57

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FIFTY-SEVENTH DAY

__________

MORNING SESSION

__________

House Chamber, Olympia, Monday, March 8, 1993

The House was called to order at 11:00 a.m. by the Speaker (Representative R. Meyers presiding). The Clerk called the roll and a quorum was present.

The Speaker assumed the chair.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Derick Dong and Steven Ayre. Prayer was offered by Representative Clyde Ballard.

Poetry was offered by Lisa Shipley:

Time in Jail

El Tiempo de la Carcel

by Lisa Shipley

time is a bird without wings

el tiempo es un pajoro sin alas

time is anger that eats the heart

el tiempo es colera que come el corazon

time is not sun or moon, but a cell without shadows

el tiempo es lo que te dan, no lo que tienes

time doesn't pass, it fills with more time

like throwing water into the sea

el tiempo no pasa, se llena con mas tiempo

como echar agua al mar

time is pushups you feel and count

tears you feel and cannot count

el tiempo, lagartijas que se puede sentir y contar

lagrimas que se puede sentir y nunca contar

time is sleep without dreams

or the rhythm of the earth

in a bed where covers don't fit

only time covers you

el tiempo es sueno sin suenes

sin el ritmo de la tierra

en una cama dondelas cobijas

no te cobijan

solamente el tiempo te cubre

time is an empty wall your eyes paint with sorrow and memory

el tiempo es una pared vacia que tus ojos pintan con dolor y recuerdos

time is what you wait for

el tiempo es lo que esperas

time is what you hope for

el tiempo es lo que esperas

tiempo afuera/time outside

tiempo que es tuyo/time that is yours

el tiempo que tanto quieres

recomenzar

time you want so much to renew

Painting the Sand

Like a Navajo I paint

my story in the sand

making a map

to climb down from the mountain

There is danger in the north

nothing in the west

an inked quill in the south

still waters at the heart

In the east there is trouble

I clear the hour

of my birth

cast the aquamarine

of my grandmother's eyes

the greying contours

of my grandmother's face

You come a wind across the desert

smell of spines and succulent flowers

scattering sand you uncover

desecrated ground I can't paint over

Inside the sweat lodge memory burns

but the smoke's not pure

the map is gone

the sand is waiting

Throw sage on the fire

while we sweat in silence

hand me a rock

and a shell from the sea

so I can hold them in my palms

and say there is peace

So I can turn to the east

this geography of sorrow

draw fresh water from the well

vermillion turquoise and

umber my colors

virgin sand falls to earth

on forgiven ground

a landscape I claim

a new compass I follow

Throw sage on the fire

while we sweat in silence

hand me a rock

and a shell from the sea

I can hold them in my palms

I can say there is peace.

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

MESSAGE FROM THE SENATE

March 5, 1993

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 5053,

SUBSTITUTE SENATE BILL NO. 5075,

SENATE BILL NO. 5082,

SENATE BILL NO. 5228,

ENGROSSED SENATE BILL NO. 5442,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5452,

SENATE BILL NO. 5470,

SENATE BILL NO. 5484,

SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8400,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

MESSAGE FROM THE SENATE

March 8, 1993

Mr. Speaker:

The President has signed:

SENATE BILL NO. 5956,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

SIGNED BY THE SPEAKER

The Speaker announced he was signing:

SENATE BILL NO. 5956,

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

INTRODUCTIONS AND FIRST READING

HB 2100 by Representative Zellinsky

AN ACT Relating to fire protection district annexation; amending RCW 36.93.105 and 52.04.001; and adding new sections to chapter 52.04 RCW.

Referred to Committee on Local Government.

SB 5053 by Senators A. Smith, Haugen, Loveland and McAuliffe

Requiring the department of licensing to collect the local vessel excise tax on behalf of the counties.

Referred to Committee on Transportation.

SSB 5075 by Senate Committee on Higher Education (originally sponsored by Senators Winsley, Fraser and Erwin)

Prohibiting hazing at institutions of higher education.

Referred to Committee on Higher Education.

SB 5082 by Senators M. Rasmussen, Barr, Erwin and Bauer

Including ratites in poultry farming regulations.

Referred to Committee on Agriculture & Rural Development.

SB 5228 by Senators Skratek, Haugen, A. Smith, Winsley and Quigley

Expanding eligibility for ongoing absentee voter status.

Referred to Committee on State Government.

ESB 5442 by Senators Vognild, Sellar, Skratek and von Reichbauer

Clarifying authority of tow truck operators.

Referred to Committee on Transportation.

ESSB 5452 by Senate Committee on Law & Justice (originally sponsored by Senators Hargrove, Deccio, Oke and Hochstatter)

Requiring misdemeanants to pay jail costs.

Referred to Committee on Judiciary.

SB 5470 by Senators Pelz, Bauer, Skratek, Drew and McAuliffe

Eliminating certain limitations on credit hours that may be used to determine compensation allocations for basic education certificated instructional staff.

Referred to Committee on Education.

SB 5484 by Senators Quigley, Roach, Vognild, Prince, Loveland, Moyer, McAuliffe and L. Smith

Preserving rights under prior lien laws.

Referred to Committee on Commerce & Labor.

SSCR 8400 by Senate Committee on Trade, Technology & Economic Development (originally sponsored by Senators Talmadge, Skratek, Haugen, Owen, A. Smith, Pelz, Bluechel, Winsley and Erwin)

Declaring a sister state relationship with Taiwan.

Referred to Committee on Trade, Economic Development & Housing.

On motion of Representative Peery, the bills, and resolution listed on today'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 fifth order of business.

REPORTS OF STANDING COMMITTEES

March 4, 1993

HB 1144 Prime Sponsor, Representative Rust: Providing a funding mechanism for the office of marine safety's field operations. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Environmental Affairs be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Morton; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Dorn and Leonard.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1190 Prime Sponsor, Representative Anderson: Providing for voter registration by affidavit. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on State Government be substituted therefor and the substitute bill do pass. Signed by Representatives Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Morton; Peery; Rust; Sehlin; Sommers; Stevens; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Sheahan and Talcott.

Excused: Representatives Locke, Chair; Dorn and Leonard.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1337 Prime Sponsor, Representative Locke: Making changes regarding maternity care services and family planning. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Morton; Peery; Rust; Sehlin; Sommers; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Without recommendation. Signed by Representatives Sheahan; Stevens; and Talcott.

Excused: Representatives Dorn and Leonard.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1354 Prime Sponsor, Representative G. Cole: Regulating industrial insurance death benefit payments. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Morton; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Dorn and Leonard.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1513 Prime Sponsor, Representative Zellinsky: Regulating watercraft registration. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Fuhrman; Hansen; Heavey; Horn; Johanson; J. Kohl; R. Meyers; Miller; H. Myers; Orr; Patterson; Quall; Sheldon; Shin; Wood; and Zellinsky.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1569 Prime Sponsor, Representative Appelwick: Changing provisions relating to malicious harassment. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Judiciary be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sommers; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Morton; Sehlin; Sheahan; Stevens; and Talcott.

Excused: Representatives Dorn and Leonard.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1591 Prime Sponsor, Representative Sommers: Adjusting the aggregate debt limit. Reported by Committee on Capital Budget

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Wang, Chair; Ogden, Vice Chair; Sehlin, Ranking Minority Member; Morton, Assistant Ranking Minority Member; Brough; Eide; R. Fisher; Jacobsen; Jones; Ludwig; Romero; Silver; Sommers; and Thomas.

Excused: Representative Heavey.

Passed to Committee on Rules for second reading.

March 3, 1993

HB 1635 Prime Sponsor, Representative Zellinsky: Purchasing jumbo ferries. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1662 Prime Sponsor, Representative Wineberry: Reauthorizing the community economic revitalization board. Reported by Committee on Capital Budget

MAJORITY recommendation: The substitute bill by Committee on Trade, Economic Development & Housing be substituted therefor and the substitute bill with the following amendment by Committee on Capital Budget:

On page 7, beginning on line 26, strike all material through "1999." on line 32 and insert:

"((The community economic revitalization board and its powers and duties shall be terminated on June 30, 1993, and shall be subject to the procedures required by chapter 43.131 RCW. This chapter expires June 30, 1994. Any remaining duties of the community economic revitalization board after June 30, 1993, regarding repayment of loans made by the community economic revitalization board are transferred to the department of revenue on June 30, 1993.)) The community economic revitalization board shall report to the appropriate standing committees of the legislature by June 30, 1999, on the implementation of this chapter. The report must include an analysis of the effectiveness of the financial assistance provided under this chapter in accomplishing the objectives outlined in RCW 43.160.010, and a recommendation on whether the program established under this chapter should be continued, modified, or terminated."

On page 3, after line 2, insert:

"Sec. 2. RCW 43.160.030 and 1987 c 422 s 2 are each amended to read as follows:

(1) The community economic revitalization board is hereby created to exercise the powers granted under this chapter.

(2) The board shall consist of the chairman of and one minority member appointed by the speaker of the house of representatives from the committee on trade and economic development of the house of representatives, the chairman of and one minority member appointed by the president of the senate from the committee on commerce and labor of the senate, or the equivalent standing committees, and the following members appointed by the governor: A recognized private or public sector economist; one port district official; one county official; one city official; one representative of the public; one representative of small businesses each from: (a) The area west of Puget Sound, (b) the area east of Puget Sound and west of the Cascade range, (c) the area east of the Cascade range and west of the Columbia river, and (d) the area east of the Columbia river; one executive from large businesses each from the area west of the Cascades and the area east of the Cascades. The appointive members shall initially be appointed to terms as follows: Three members for one-year terms, three members for two-year terms, and three members for three-year terms which shall include the chair. Thereafter each succeeding term shall be for three years. The chair of the board shall be selected by the governor ((and should be a member of the governor's council of economic advisors)). The members of the board shall elect one of their members to serve as vice-chair. The director of trade and economic development, the director of community development, the director of revenue, the commissioner of employment security, and the secretary of transportation shall serve as nonvoting advisory members of the board.

(3) Staff support shall be provided by the department of trade and economic development to assist the board in implementing this chapter and the allocation of private activity bonds.

(4) All appointive members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(5) If a vacancy occurs by death, resignation, or otherwise of appointive members of the board, the governor shall fill the same for the unexpired term. Any members of the board, appointive or otherwise, may be removed for malfeasance or misfeasance in office, upon specific written charges by the governor, under chapter 34.05 RCW."

Signed by Representatives Wang, Chair; Ogden, Vice Chair; Sehlin, Ranking Minority Member; Morton, Assistant Ranking Minority Member; Brough; Eide; R. Fisher; Jacobsen; Jones; Romero; Sommers; and Thomas.

Excused: Representatives Heavey, Ludwig and Silver.

Passed to Committee on Rules for second reading.

March 2, 1993

HB 1928 Prime Sponsor, Representative R. Fisher: Providing for more comprehensive regional transportation planning. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives R. Fisher, Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Hansen; Heavey; Horn; Johanson; J. Kohl; R. Meyers; Miller; H. Myers; Orr; Patterson; Quall; Sheldon; Shin; Wood; and Zellinsky.

Excused: Representatives Brown, Vice Chair and Fuhrman.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1931 Prime Sponsor, Representative Schmidt: Regulating steamboat operators. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1940 Prime Sponsor, Representative Orr: Establishing fishing guide licenses for Oregon residents. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Locke, Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Morton; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Valle, Vice Chair, Dellwo, Dorn and Leonard.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1984 Prime Sponsor, Representative R. Fisher: Revising pilotage law. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Fuhrman; Hansen; Heavey; Horn; Johanson; J. Kohl; R. Meyers; Miller; H. Myers; Orr; Patterson; Quall; Sheldon; Shin; Wood; and Zellinsky.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 2036 Prime Sponsor, Representative R. Fisher: Providing multimodal transportation funding. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

March 4, 1993

HB 2067 Prime Sponsor, Representative R. Fisher: Encouraging commute trip reduction programs. Reported by Committee on Transportation

MINORITY recommendation: Do not pass. Signed by Representatives Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Brumsickle; Eide; Forner; Fuhrman; Hansen; Horn; Miller; and Wood.

Excused: Representative Brough.

Passed to Committee on Rules for second reading.

On motion of Representative Peery, the bills listed on today's committee reports under the fifth order of business were referred to the committees so designated.

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

MOTION

Representative Peery moved that the House immediately consider the following bills in the following order: House Bill No. 1316, House Bill No. 1318, House Bill No. 1330 and House Bill No. 1346. The motion was carried.

SECOND READING

HOUSE BILL NO. 1316, by Representatives Springer, H. Myers and Thomas

Authorizing city councilmembers to serve as reserve police officers.

The bill was read the second time. On motion of Representative H. Myers, Substitute House Bill No. 1316 was substituted for House Bill No. 1316 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1316 was read the second time.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Springer and Edmondson spoke in favor of passage of the bill.

On motion of Representative J. Kohl, Representatives Locke and Appelwick were excused.

On motion of Representative Wood, Representatives Miller and Schmidt were excused.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1316.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1316, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Voting yea: Representatives Anderson, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Excused: Representatives Appelwick, Locke, Miller and Schmidt - 4.

Substitute House Bill No. 1316, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1318, by Representatives Pruitt, Ballard, Morton, Sheldon, Wolfe, Schoesler, R. Johnson and Jones

Changing boating safety provisions.

The bill was read the second time. On motion of Representative Pruitt, Substitute House Bill No. 1318 was substituted for House Bill No. 1318 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1318 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Pruitt and Morton spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1318.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1318 and the bill passed the House by the following vote:Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Anderson, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

Excused: Representatives Appelwick, Miller and Schmidt - 3.

Substitute House Bill No. 1318, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1330, by Representatives Horn, Heavey, G. Cole and Johanson; by request of Liquor Control Board

Regulating liquor licenses.

The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment see Journal, 31st Day, February 10, 1991.

Representative Heavey moved the adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading was considered the third and the bill was placed on final passage.

Representative Horn spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1330.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1330 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Anderson, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

Excused: Representatives Appelwick, Miller and Schmidt - 3.

Engrossed House Bill No. 1330, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1346, by Representatives G. Cole, Heavey, King, Veloria, Holm, J. Kohl, Brough, Sommers, Zellinsky, R. Fisher, Wang, Ogden, Wolfe, Valle, Riley, H. Myers, Wood, Jones, Leonard, Karahalios and Wineberry

Repealing enforcement and right of action provisions for family leave.

The bill was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives G. Cole, Thibaudeau and Heavey spoke in favor of passage of the bill and Representatives Lisk, Vance, Dyer and Mielke spoke against it.

Representative G. Cole again spoke in favor of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 1346.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1346 and the bill passed the House by the following vote: Yeas - 71, Nays - 24, Absent - 1, Excused - 2.

Voting yea: Representatives Anderson, Ballasiotes, Basich, Bray, Brough, Brown, Campbell, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Romero, Rust, Schmidt, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 71.

Voting nay: Representatives Ballard, Brumsickle, Carlson, Casada, Chandler, Dyer, Edmondson, Fuhrman, Lisk, Mielke, Padden, Reams, Roland, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 24.

Absent: Representative Morton - 1.

Excused: Representatives Appelwick and Miller - 2.

House Bill No. 1346, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

Although present on the floor, my voting button did not work. Please record my "No" vote on House Bill No. 1346.

BOB MORTON, 7th District

MOTION

Representative Peery moved that the House immediately consider House Bill No. 1243 and House Bill No. 1410 on the second reading calendar. The motion was carried.

HOUSE BILL NO. 1243, by Representatives King, Heavey, Franklin, G. Cole, Jones and Veloria

Making technical changes to the statute governing reconsideration of industrial insurance orders.

The bill was read the second time.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative King spoke in favor of passage of the bill and Representative Lisk spoke against it.

The Speaker stated the question before the House to be final passage of House Bill No. 1243.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1243, and the bill passed the House by the following vote: Yeas - 66, Nays - 30, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Basich, Bray, Brough, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Talcott, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 66.

Voting nay: Representatives Ballard, Ballasiotes, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Long, Mielke, Morton, Padden, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Tate, Thomas, Vance and Van Luven - 30.

Excused: Representatives Appelwick and Miller - 2.

House Bill No. 1243, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1410, by Representatives Morton and Appelwick

Concerning the distribution of intestate estates.

The bill was read the second time.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Ludwig and Morton spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 1410.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1410 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Appelwick and Miller - 2.

House Bill No. 1410, having received the constitutional majority, was declared passed.

On motion of Representative Peery, the House recessed until 2:00 p.m.

AFTERNOON SESSION

The House was called the order at 2:00 p.m. by the Speaker.

The Clerk called the roll and a quorum was present.

MESSAGE FROM THE SENATE

March 8, 1993

Mr Speaker:

The Senate has passed:

SENATE BILL NO. 5172,

SUBSTITUTE SENATE BILL NO. 5262,

SUBSTITUTE SENATE BILL NO. 5337,

SUBSTITUTE SENATE BILL NO. 5360,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5379,

SUBSTITUTE SENATE BILL NO. 5404,

SUBSTITUTE SENATE BILL NO. 5443,

SUBSTITUTE SENATE BILL NO. 5481,

SENATE BILL NO. 5509,

SUBSTITUTE SENATE BILL NO. 5608,

SUBSTITUTE SENATE BILL NO. 5678,

SENATE JOINT MEMORIAL NO. 8001,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

MOTION

Representative Peery moved that the House immediately consider House Bill No. 1444 on today's second reading calendar. The motion was carried.

HOUSE BILL NO. 1444, by Representatives Schmidt, Sheldon, Anderson, R. Fisher, Ballasiotes, Horn, Brough, Sheahan, Long, Campbell, Brumsickle, Ballard, Wood, Miller and Forner

Requiring identification for driver's licenses and identicards.

The bill was read the second time.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives R. Fisher and Mielke spoke in favor of passage of the bill.

On motion of Representative Wood, Representative Van Luven was excused.

The Speaker stated the question before the House to be final passage of House Bill No. 1444.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1444 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 2, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Absent: Representatives Veloria and Wineberry - 2.

Excused: Representatives Miller and Van Luven - 2.

House Bill No. 1444, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1484, by Representatives King, Orr and Fuhrman; by request of Department of Wildlife

Creating a wildlife violator compact.

The bill was read the second time. Committee on Fisheries & Wildlife recommendation: majority do pass as amended. (For committee amendment see Journal, 38th Day, February 17, 1993.)

Representative King moved adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative King spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1484.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1484 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Engrossed House Bill No. 1484, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1501, by Representatives Silver, Jacobsen, Ballasiotes, Brumsickle, Carlson, Mielke, Talcott, Dyer, Cooke, Hansen, Jones, Quall, Padden and Wood

Notifying students at public institutions of higher education of the amount their education is supported by the state.

The bill was read the second time. Committee on Higher Education recommendation: Majority, do pass as amended. (For committee amendment see Journal, 38th Day, February 17th 1993.)

Representative Quall moved adoption of the amendment and spoke in favor of it. The committee amendment was adopted.

The bill was ordered engrossed.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Silver spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1501.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1501 and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 2, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.

Voting nay: Representatives Heavey and Wang - 2.

Absent: Representatives Horn and Linville - 2.

Excused: Representative Miller - 1.

Engrossed House Bill No. 1501, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1510, by Representatives Romero, H. Myers, Edmondson and Bray

Concerning the issuance of charge cards to employees of municipal corporations and political subdivisions.

The bill was read the second time.

Representative Padden moved adoption of the following amendment by Representative Padden:

On page 1, line 8, after "cards" insert ", other than an affinity card,"

Representatives Padden and H. Myers spoke in favor of adoption of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Romero and Edmondson spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1510.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1510 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Engrossed House Bill No. 1510, having received the constitutional majority was declared passed.

HOUSE BILL NO. 1597, by Representatives Rust, Horn, Flemming and J. Kohl

Providing a private right of contribution under the model toxics control act.

The bill was read the second time. Representative Rust moved that Substitute House Bill No. 1597 be substituted for House Bill No. 1597 and that the substitute bill be placed on the second reading calendar.

Substitute House Bill No. 1597 was read the second time.

Representative Johanson moved adoption of the following amendment by Representative Johanson: On page 2, after line 10, insert the following:

"NEW SECTION. Sec. 3. A new section is added to chapter 70.105D RCW to read as follows:

(1) The private right of action and the right of contribution that are confirmed by section 1 of this act include but are not limited to a right of action or contribution by any real property owner upon whose real property storm water or wastewater is discharged.

(2) Notwithstanding subsection 1, the private right of action and the right of contribution that are confirmed by section 1 of this act do not apply to a right of action or contribution against any property owner on whose property a remedial action under this chapter is required due to storm water or wastewater discharge."

POINT OF ORDER

Representative Rust requested a ruling on the scope and object of the amendment.

Representative Peery moved that the House defer consideration of Substitute House Bill No. 1597 and the bill hold its place on the second reading calendar. The motion was carried.

The Speaker declared the House to be at ease.

The Speaker called the House to order.

MOTION

Representative Peery moved that the House immediately consider House Bill No. 1011 on the Suspension calendar.

HOUSE BILL NO. 1011, by Representatives Appelwick and Shin

Enacting the 1991 uniform simultaneous death act.

The bill was read the second time.

Representative Ludwig moved that the committee recommendation be adopted and the substitute bill be advanced to third reading. The motion was carried.

Representatives Appelwick and Padden spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1011.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1011 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 1, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Absent: Representative Campbell - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1011, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1013, by Representatives Appelwick and Riley

Adopting the revised uniform commercial code on bulk sales.

The bill was read the second time. Representative Ludwig moved that the committee recommendation be adopted and the substitute bill be advanced to third reading. The motion was carried.

Representatives Appelwick and Padden spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1013.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1013 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1013, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1015, by Representatives Appelwick and Riley

Adopting the Uniform Commercial Code article on leases.

The bill was read the second time.

Representative Ludwig moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Appelwick and Padden spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 1015.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1015 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 3, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Absent: Representatives Brough, Peery and Sommers - 3.

Excused: Representative Miller - 1.

House Bill No. 1015, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1022, by Representatives Morris, Long, King and L. Johnson; by request of Sentencing Guidelines Commission

Adjusting the membership of the sentencing guidelines commission.

The bill was read the second time. Representative Morris moved that the committee recommendation be adopted (For committee amendment, see Journal, 40th Day, February 19, 1993.) The motion was carried.

Representatives Morris and Long spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1022.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1022 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Engrossed House Bill No. 1022, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1028, by Representatives H. Myers, Vance, Jones, Orr, Flemming, Springer, Shin, Dunshee and Chappell

Allowing live-in care at mobile home parks.

The bill was read the second time.

Representative Wineberry moved that the committee recommendation be adopted and the substitute bill be advanced to third reading. The motion was carried.

Representative H. Myers and Forner spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1028.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1028 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1028, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1038, by Representative Dellwo; by request of Law Revision Commission

Correcting a double amendment related to authorized functions of health care assistants.

The bill was read the second time.

Representative L. Johnson moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Dellwo and Dyer spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 1038.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1038 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1038, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1061, by Representatives Rayburn, Chandler, Schoesler, Lisk, Grant, Hansen and Morton

Modifying irrigation district mergers.

The Speaker called on Representative R. Meyers to preside.

The bill was read the second time.

Representative Rayburn moved that the committee recommendation be adopted and the substitute bill be advanced to third reading. The motion was carried.

Representatives Rayburn and Chandler spoke in favor of passage of the bill

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1061.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1061 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1061, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1076, by Representatives Ludwig, Padden, Appelwick, Orr and Johanson

Allowing a personal representative with nonintervention powers to determine time and manner of distributing income.

The bill was read the second time.

Representative Padden moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representative Ludwig and Padden spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1076.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1076 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1076, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1217, by Representatives Springer, Heavey, Chandler, King and Shin; by request of Liquor Control Board

Allowing seized liquor to be used for training and investigations.

The bill was read the second time.

Representative G. Cole moved that the committee amendment be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Springer and Lisk spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1217.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1217 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1217, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1253, by Representatives Dellwo, Morris, Dyer and Wood; by request of Department of Health

Modifying provisions regarding physician assistants.

The bill was read the second time.

Representative L. Johnson moved that the committee amendment be adopted and the substitute bill be advanced to third reading.

Representatives Dellwo and Dyer spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1253.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1253 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1253, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1254, by Representatives Dellwo, Morris, Dyer, Springer and Wood; by request of Department of Health

Modifying controlled substances definitions, standards, and schedule.

The bill was read the second time.

Representative L. Johnson moved that the committee recommendation be adopted and the substitute bill be advanced to third reading. The motion was carried.

Representatives Dellwo and Dyer spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1254.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1254 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1254, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1292, by Representatives Anderson, G. Cole, Chandler, Heavey, Veloria, Wood, Franklin, Springer, King and J. Kohl

Defining "employment" for unemployment compensation.

The bill was read the second time.

Representative G. Cole moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Anderson and Lisk spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1292.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1292 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1292, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1308, by Representatives Kremen, Tate and Jacobsen

Modifying beef commission membership.

The bill was read the second time.

Representative Rayburn moved that the committee recommendation be adopted and the substitute bill be advanced to third reading. The motion was carried.

Representatives Kremen and Chandler spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1308.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1308 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1308, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1328, by Representatives Heavey, Riley and King

Setting the minimum rate of compensation for certain salespeople.

The bill was read the second time.

Representative G. Cole moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives G. Cole and Lisk spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to final passage of House Bill No. 1328.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1328 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Voting nay: Representative Valle - 1.

Excused: Representative Miller - 1.

House Bill No. 1328, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1351, by Representatives Veloria, Heavey, King and Lisk; by request of Department of Labor & Industries

Defining hospital in regard to self-insurers.

The bill was read the second time.

Representative G. Cole moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Veloria and Lisk spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1351.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1351 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1351, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1355, by Representatives R. Fisher, Brough, R. Meyers, Edmondson, H. Myers and Van Luven

Increasing nonvoter-approved debt limit for metropolitan park districts.

The bill was read the second time.

Representative Bray moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives R. Fisher and Edmondson spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1355.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1355 and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

Voting nay: Representatives Fuhrman and Padden - 2.

Excused: Representative Miller - 1.

House Bill No. 1355, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1376, by Representatives Brough, Shin, Forner, Franklin, Casada, Ballard, Vance, Leonard, Chappell, Wineberry, Carlson, Roland, Long, Campbell, Cothern, G. Cole, Flemming, H. Myers and Jacobsen

Allowing mobile home tenants to hold forums for candidates for public office.

The bill was read the second time.

Representative Wineberry moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Brough and Wineberry spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1376.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1376 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1376, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1379, by Representatives R. Fisher, Schmidt, Jones, Brumsickle, Horn, Quall, Brown, Brough, Orr and Wood; by request of Department of Licensing

Making housekeeping changes in various service programs of the department of licensing.

The bill was read the second time.

Representative R. Fisher moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representative R. Fisher and Schmidt spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers) stated the question before the House to be final passage of House Bill No. 1379.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1379 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1379, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1384, by Representatives Chandler, Hansen, Karahalios, Dorn, Brough and Foreman

Changing provisions relating to the permissibility of contracts between municipal officers and their spouses in cases where the spouse is a certificated or classified school district employee or a substitute teacher.

The bill was read the second time.

Representative Cothern moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Cothern and Chandler spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1384.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1384 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1384, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1401, by Representatives Dunshee, Horn, R. Fisher and H. Myers

Describing when tax foreclosed property may be disposed of by private negotiations.

The bill was read the second time.

Representative Bray moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Dunshee and Edmondson spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1401.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1401 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1401, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1428, by Representatives Grant, Casada, Finkbeiner, Long, King and Jacobsen

Removing the expiration date and correcting references for the Washington telephone assistance program.

The bill was read the second time.

Representative Grant moved that the committee recommendation be adopted and the substitute bill be advanced to third reading. The motion was carried.

Representatives Grant and Kessler spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1428.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1428 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1428, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1447, by Representatives Appelwick and Padden

Authorizing the filing of foreign judgments in district court.

The bill was read the second time.

Representative Ludwig moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Ludwig and Padden spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1447.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1447 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1447, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1454, by Representatives King, G. Cole, Horn, Foreman, R. Johnson, Sheahan, Chandler, Vance, Brough, Miller, Ballasiotes, Brumsickle, Wood, Van Luven, Springer, Silver, Cooke, Long, Dyer, Morton, Talcott and Sehlin

Revising the definition of "acting in the course of employment."

The bill was read the second time.

Representative G. Cole moved that the committee recommendation be adopted and the substitute bill be advanced to third reading. The motion was carried.

Representatives King and Lisk spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1454.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1454 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1454, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1460, by Representatives Zellinsky, Mielke and R. Meyers; by request of Department of Licensing

Regulating investment advisory contracts.

The bill was read the second time.

Representative Scott moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Zellinsky and Mielke spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1460.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1460 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1460, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1479, by Representatives G. Fisher, Foreman, Wang and Anderson; by request of Department of Revenue

Modifying the uniform unclaimed property act.

The bill was read the second time.

Representative G. Fisher moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives G. Fisher and Flemming spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question to be final passage of House Bill No. 1479.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1479 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1479, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1582, by Representatives Zellinsky, Mielke, R. Meyers, Dellwo, Campbell, Dorn, Dyer and Basich

Permitting certain transactions by insurance agent-brokers.

The bill was read the second time.

Representative Scott moved that the committee recommendation be adopted and the substitute bill be advanced to third reading. The motion was carried.

Representatives Zellinsky and Mielke spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question to be final passage of Substitute House Bill No. 1582.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1582 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1582, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1707, by Representatives R. Fisher, Schmidt, R. Meyers and Johanson; by request of Utilities & Transportation Commission

Regulating motor carriers.

The bill was read the second time.

Representative R. Fisher moved that the committee recommendation be adopted and the substitute bill be advanced to third reading. The motion was carried.

Representative R. Fisher spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1707.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1707 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1707, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1735, by Representatives Anderson, Sommers, King and Silver; by request of Department of Retirement Systems

Authorizing the department of retirement systems to be divided into three divisions.

The bill was read the second time.

Representative Anderson moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Anderson and Reams spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1735.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1735 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1735, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1773, by Representatives Pruitt and R. Meyers

Adding certain miniature models to boiler regulation exemptions.

The bill was read the second time.

Representative G. Cole moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Pruitt, Lisk and Van Luven spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1773.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1773 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1773, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1815, by Representatives Rust and Valle

Recodifying vessel operation provisions.

The bill was read the second time.

Representative Rust moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representative Rust spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1815.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1815 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1815, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1838, by Representatives R. Johnson, Mielke, R. Meyers, Rayburn, King, Kremen and Holm; by request of Insurance Commissioner

Requiring minimum standards for benefits in medicare supplement insurance.

The bill was read the second time.

Representative Scott moved that the committee recommendation be adopted and bill be advanced to third reading. The motion was carried.

Representatives R. Johnson and Mielke spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1838.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1838 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1838, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1857, by Representatives Shin, Brumsickle, L. Johnson, Wood and Romero; by request of State Board for Community and Technical Colleges

Changing travel expense provisions for prospective employees of institutions of higher education.

The bill was read the second time.

Representative Jacobsen moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Shin and Brumsickle spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1857.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1857 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1857, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1867, by Representatives Anderson, Edmondson, Jacobsen, Rayburn and Thibaudeau

Designating the Washington park arboretum as an official state arboretum.

The bill was read the second time.

Representative Anderson moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Anderson and Reams spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1867.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1867 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1867, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1915, by Representatives Patterson, H. Myers, Brough and Valle

Allowing less restrictive easements concerning aircraft noise.

The bill was read the second time.

Representative Bray moved that the committee recommendation be adopted and the substitute bill be advanced to third reading. The motion was carried.

Representatives Patterson and Edmondson spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1915.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1915 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1915, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1929, by Representatives R. Fisher, Chappell, Springer, Quall and Johanson

Adjusting requirements for regional transportation planning organizations.

The bill was read the second time.

Representative R. Fisher moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representative R. Fisher spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1929.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1929 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1929, having received the constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4007, by Representatives Bray, Ludwig, Lisk, Grant, Mastin and Rayburn

Petitioning Congress and the Secretary of Energy to name the Hanford and Lands Ecology Reserve after Richard Fitzner and Les Eberhardt.

The bill was read the second time.

Representative Grant moved that the committee recommendation be adopted and the bill be advanced to third reading. The motion was carried.

Representatives Bray and Casada spoke in favor of passage of the bill.

The Speaker ( Representative R. Meyers presiding) stated the question before the House to be final passage of House Joint Memorial No. 4007.

ROLL CALL

The Clerk called the roll on final passage of House Joint Memorial No. 4007 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Joint Memorial No. 4007, having received the constitutional majority, was declared passed.

MOTION

Representative Peery moved that the House immediately consider the following bills in the following order: Senate Bill No. 5166, House Bill No. 1552, Substitute House Bill No. 1597 and House Bill No. 1359. The motion was carried.

SENATE BILL NO. 5166, by Senators Vognild, Nelson and Sheldon; by request of State Treasurer and Department of Transportation

Authorizing refunding revenue bonds.

The bill was read the second time.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.

The Speaker assumed the chair.

The Speaker stated the question before the House to be final passage of Senate Bill No. 5166.

ROLL CALL

The Clerk called the roll on final passage of Senate Bill No. 5166 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

Voting nay: Representative Wang - 1.

Excused: Representative Miller - 1.

Senate Bill No. 5166, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1552, by Representatives Leonard, Sommers, Ogden, Riley, Talcott, Flemming, Silver, H. Myers, Thibaudeau, Padden, Karahalios, Johanson and Quall

Modifying provisions regarding persons with developmental disabilities.

The bill was read the second time. On motion of Representative Leonard Substitute House Bill No. 1552 was substituted for House Bill No. 1552 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1552 was read the second time.

Representative Wolfe moved adoption of the following amendment by Representative Wolfe:

On page 6, after line 14, insert:

"All employees of closed residential habilitation centers or major portions of residential habilitation centers, who are classified under chapter 41.06 RCW, the state civil service law, shall be transferred as appropriate or as otherwise provided in the procedures adopted by the personnel board pursuant to RCW 41.06.150. The personnel board shall provide employees under this section with the opportunity to transfer to other state jobs for which the employee is qualified in the department of social and health services and other state agencies."

Representatives Wolfe and Cooke spoke in favor of the adoption and it was adopted.

Representative Thibaudeau moved adoption of the following amendment by Representative Thibaudeau:

On page 6, line 14, after "community." insert "If residential habilitation centers or major portions of residential habilitation centers are closed under this section, the secretary shall notify the appropriate policy and fiscal committees of the senate and house of representatives of the decisions."

Representative Thibaudeau spoke in favor of adoption of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Leonard, Cooke, H. Myers, Talcott, Silver, Riley, Sommers and Chappell spoke in favor of passage of the bill.

Representatives G. Cole, Anderson, Vance, Heavey, Ludwig and Edmondson spoke against it.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1552.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1552 and the bill passed the House by the following vote: Yeas - 66, Nays - 31, Absent - 0, Excused - 1.

Voting yea: Representatives Appelwick, Basich, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Dorn, Dunshee, Eide, Finkbeiner, Fisher, R., Flemming, Forner, Fuhrman, Hansen, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Mastin, Meyers, R., Mielke, Morris, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Reams, Riley, Romero, Schmidt, Scott, Sehlin, Sheldon, Silver, Sommers, Springer, Talcott, Tate, Thibaudeau, Thomas, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 66.

Voting nay: Representatives Anderson, Ballard, Ballasiotes, Bray, Brown, Cole, G., Conway, Cothern, Dellwo, Dyer, Edmondson, Fisher, G., Foreman, Grant, Heavey, Horn, Lisk, Ludwig, Morton, Patterson, Rayburn, Roland, Rust, Schoesler, Sheahan, Shin, Stevens, Valle, Vance, Van Luven and Wood - 31.

Excused: Representative Miller - 1.

Engrossed Substitute House Bill No. 1552, having received the constitutional majority, was declared passed.

The House resumed consideration of Substitute House Bill No. 1597.

Representative Rust withdrew her request for a scope and object ruling.

On motion of Representative Johanson, the amendment was withdrawn.

House Bill No. 1597 was passed to Rules.

HOUSE BILL NO. 1359, by Representatives Appelwick, Campbell, Riley, R. Meyers, Johanson, Chappell, Ludwig, H. Myers, Kessler, Eide, Locke, Roland, Pruitt, Jacobsen, Mastin, Long, Karahalios, Jones, L. Johnson, J. Kohl, Wineberry, Basich, Dellwo and G. Cole

Requiring full disclosure of civil court proceedings relating to public hazards.

The bill was read the second time.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Appelwick, Campbell and R. Meyers spoke in favor of passage of the bill and Representatives Forner, Dyer and Tate spoke against it.

Representative Appelwick again spoke in favor of the passage of the bill.

Representative Dyer again spoke against the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 1359.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1359 and the bill passed the House by the following vote: Yeas - 66, Nays - 31, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Roland, Romero, Rust, Schmidt, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 66.

Voting nay: Representatives Ballard, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Kremen, Lisk, Mielke, Morton, Padden, Rayburn, Reams, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, Vance and Van Luven - 31.

Excused: Representative Miller - 1.

House Bill No. 1359, having received the constitutional majority, was declared passed.

MOTION

Representative Peery moved that the House now consider House Joint Resolution No. 4201 on the regular second reading calendar. The motion was carried.

HOUSE JOINT RESOLUTION NO. 4201, by Representatives Ludwig, Padden, Appelwick, Foreman and Johanson

Amending the Constitution to provide that superior courts and district courts have concurrent jurisdiction in cases in equity.

The resolution was read the second time.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the resolution was placed on final passage.

Representatives Ludwig and Padden spoke in favor of passage of the resolution.

The Speaker called upon Representative R. Meyers to preside.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Joint Resolution No. 4201.

ROLL CALL

The Clerk called the roll on final passage of House Joint Resolution No. 4201 and the resolution passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Joint Resolution No. 4201, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1018, by Representatives Springer, Morris, Chappell, Dunshee, Finkbeiner, Riley, Brough, R. Johnson, Carlson, Edmondson, Flemming, Orr and Hansen

Making the office of sheriff nonpartisan.

The bill was read the second time. On motion of Representative H. Myers, Substitute House Bill No. 1018 was substituted for House Bill No. 1018 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1018 was read the second time.

Representative Ludwig moved adoption of the following amendment by Representative Ludwig:

On page 3, after line 20, insert a new section as follows:

"Sec. 7. RCW 36.28.010 and 1965 c 92 s 1 are each amended to read as follows:

The sheriff is the chief ((executive)) law enforcement officer and conservator of the peace of the county. In the execution of his office, he and his deputies:

(1) Shall arrest and commit to prison all persons who break the peace, or attempt to break it, and all persons guilty of public offenses;

(2) Shall defend the county against those who, by riot or otherwise, endanger the public peace or safety;

(3) Shall execute the process and orders of the courts of justice or judicial officers, when delivered for that purpose, according to law;

(4) Shall execute all warrants delivered for that purpose by other public officers, according to the provisions of particular statutes;

(5) Shall attend the sessions of the courts of record held within the county, and obey their lawful orders or directions;

(6) Shall keep and preserve the peace in their respective counties, and quiet and suppress all affrays, riots, unlawful assemblies and insurrections, for which purpose, and for the service of process in civil or criminal cases, and in apprehending or securing any person for felony or breach of the peace, they may call to their aid such persons, or power of their county as they may deem necessary."

Representative Ludwig spoke in favor of adoption of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Springer, Edmondson and Carlson spoke in favor of passage of the bill and Representative Dunshee spoke against it.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1018.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1018 and the bill passed the House by the following vote: Yeas - 78, Nays - 19, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Chandler, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Flemming, Grant, Hansen, Holm, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Talcott, Thibaudeau, Thomas, Valle, Veloria, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 78.

Voting nay: Representatives Ballard, Casada, Cooke, Dunshee, Fisher, R., Foreman, Forner, Fuhrman, Heavey, Horn, Jacobsen, King, Morton, Padden, Stevens, Tate, Vance, Van Luven and Wang - 19.

Excused: Representative Miller - 1.

Engrossed Substitute House Bill No. 1018, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1069, by Representatives Ludwig, Mielke, Riley, Mastin, Bray, Orr, Vance, H. Myers, Lisk, R. Johnson, Grant, Basich, Edmondson, Schmidt, Campbell, Van Luven, Rayburn, Foreman, Ballasiotes, Long, Kremen, Brough, Brumsickle, Horn, Forner, Karahalios, Chandler, Wood, Cooke, Roland and Silver

Providing for seizure of property involved in a felony.

The bill was read the second time. On motion of Representative Ludwig, Substitute House Bill No. 1069 was substituted for House Bill No. 1069 and the substitute bill was placed on the second reading calendar. The motion was carried.

Substitute House Bill No. 1069 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Ludwig and Padden spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1069.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1069 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1069, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1090, by Representative Scott

Protecting communications in law enforcement officers peer support groups.

The bill was read the second time. On motion of Representative Ludwig, Substitute House Bill No. 1090 was substituted for House Bill No. 1090 and the substitute bill was placed on the second reading calendar. The motion was carried.

Substitute House Bill No. 1090 was read the second time.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Scott spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1090.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1090 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1090, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1108, by Representatives Vance, Reams and Anderson

Extending the filing period for certain nonpartisan offices when no candidate or one candidate files for an office.

The bill was read the second time. On motion of Representative Anderson, Substitute House Bill No. 1108 was substituted for House Bill No. 1108 and the substitute bill placed on the second reading calendar.

Substitute House Bill No. 1108 was read the second time.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill be placed on final passage.

Representatives Anderson and Vance spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1108.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1108 and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Voting nay: Representatives Cole, G., Heavey and Quall - 3.

Excused: Representative Miller - 1.

Substitute House Bill No. 1108, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1111, by Representatives Van Luven, Heavey, Schmidt, Riley, Forner, Finkbeiner, Johanson, Campbell and Wood

Protecting pedestrians in crosswalks.

The bill was read the second time.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Van Luven and Heavey spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1111.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1111 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

House Bill No. 1111, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1275, by Representatives R. Fisher, Schmidt, R. Meyers, Brown, Jones, Shin and Horn; by request of Department of Transportation

Exempting site exploration from shorelines management regulation.

The bill was read the second time. On motion of Representative Rust, Substitute House Bill No. 1275 was substituted for House Bill No. 1275 and the substitute bill be placed on today's second reading calendar.

Substitute House Bill No. 1275 was read the second time.

On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives R. Fisher and Horn spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1275.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1275 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Miller - 1.

Substitute House Bill No. 1275, having received the constitutional majority, was declared passed.

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

REPORTS OF STANDING COMMITTEES (SUPPLEMENTAL)

March 4, 1993

HB 1063 Prime Sponsor, Representative Rayburn: Modifying provisions regarding the Washington wine commission. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill by Committee on Agriculture & Rural Development be substituted therefor and the substitute bill do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Morris; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven; and Wang.

Passed to Committee on Rules for second reading.

March 5, 1993

HB 1089 Prime Sponsor, Representative J. Kohl: Changing air quality operating permit requirements. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill by Committee on Environmental Affairs be substituted therefor and the substitute bill with the following amendments by Committee on Revenue:

On page 2, after line 23, insert the following:

"Sec. 2. RCW 43.79A.040 and 1991 sp.s. c 13 s 82 are each amended to read as follows:

(1) Money in the treasurer's trust fund may be deposited, invested and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account. Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except:

(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The American Indian scholarship endowment fund, the air operating permit account, the energy account, the game farm alternative account, and the self-insurance revolving fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service ((account [fund])) 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 advanced right of way revolving fund, the federal narcotics asset forfeitures account, the ferry system account, the ferry system insurance claim reserve account, the ferry system operation and maintenance account, the ferry system revenue account, the ferry system revenue bond account, the high occupancy vehicle account, and the local rail service assistance account.

(3) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section."

On page 1, line 10, after "under RCW 70.94.152(1)" insert "and section 8(7) of this act"

On page 2, line 14, strike "section 6" and insert "sections 6 and 8(7)"

On page 2, line 18, strike "section 6" and insert "sections 6 and 8(7)"

On page 14, beginning on line 22, after "department" strike all material through "council" on line 24

On page 18, line 28, after "renewal" insert ", preparing a draft permit and fact sheet, and preparing a final permit,"

On page 18, beginning on line 30, after "pollutants" strike all material through "permit" on line 31

On page 22, line 16, strike "source" and insert "sources"

On page 22, line 22, after "costs" insert "not recovered through general permit fees"

On page 22, line 33, after "70.94.152(1)" insert "and section 8(7) of this act"

On page 25, beginning on line 21, strike "and 70.94.161 (15) and (16)" and insert ", 70.94.161 (14) and (15), and sections 6 and 8(7) of this act"

On page 26, line 9, after "a list of" insert "sources and"

On page 26, beginning on line 23, after "organizations." strike all material through "years." on line 24

On page 27, line 7, strike "70.94.161" and insert "70.94.331(9)"

Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Morris; Romero; Rust; Talcott; and Thibaudeau.

MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Ranking Minority Member and Van Luven.

Excused: Representatives Silver and Wang.

Passed to Committee on Rules for second reading.

March 5, 1993

HB 1128 Prime Sponsor, Representative G. Fisher: Funding blood and breath alcohol testing programs. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Morris; Romero; Rust; Silver; Talcott; Thibaudeau; and Van Luven.

Excused: Representative Wang.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1136 Prime Sponsor, Representative Reams: Encouraging home matching. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1197 Prime Sponsor, Representative Leonard: Allowing families to retain a greater percentage of income before public benefits are reduced or terminated. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Human Services be substituted therefor and the substitute bill with the following amendment by Committee on Appropriations: Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 3. The legislature finds that:

(1) Many states are currently evaluating and developing new program directions for the aid to families with dependent children program;

(2) The state expects new initiatives from the federal government aimed at reforming the public assistance system;

(3) Washington's family independence program will complete its five-year demonstration period in June 1993;

(4) Current welfare-to-work evaluations and studies emphasize a strong connection between recent work experience and employability. Further, studies have found that targeting services to specific welfare population segments is a cost-effective strategy in successful welfare-to-work programs;

(5) Public assistance programs are more likely to succeed when expectations are clearly established and the state, service providers, and recipients work together to develop an employability plan; and

(6) The current public assistance system requires a reduction in grant payments when income is earned. The legislature intends to create a stronger economic incentive for working while on welfare by allowing families to retain a greater percentage of earned income before it results in the reduction or termination of grant benefits.

NEW SECTION. Sec. 4. The department shall amend the state plan to eliminate the one hundred hour work rule for recipients of aid to families with dependent children-employable. The department shall seek federal approval for the amendment to the state plan and report on federal action to the appropriate standing committees of the legislature by December 1, 1993.

NEW SECTION. Sec. 5. The department of social and health services shall design a program for implementation involving recipients of aid to families with dependent children. A goal of this program is to develop a system that segments the aid to families with dependent children recipient population and identifies subgroups, matches services to the needs of the subgroup, and prioritizes available services. The department shall specify the services to be offered in each population segment, and not all services shall be available to each segment. The general focus of the services offered shall be on job training, work force preparedness, and job retention.

The program shall be designed for state-wide implementation on July 1, 1994. Any proposal for implementation may include phasing certain components over time or geographic area.

NEW SECTION. Sec. 6. The secretary of social and health services shall appoint an advisory committee to give recommendations and advice on the design and implementation of the program. The advisory committee shall consist of no more than fifteen individuals and shall be composed of representatives from business, the private industry council, labor, state job placement services, private nonprofit job placement services, and recipient advocate groups.

NEW SECTION. Sec. 7. The department of social and health services shall consider the following in developing the program:

(1) An employment incentive program that strengthens the ability of recipients to reach a level of self-sufficiency as determined by the department. Aid to families with dependent children grants may be used to supplement a program participant's wages;

(2) Development of a community work program that includes nonpaid work experience for those persons who are long-term recipients of aid to families with dependent children;

(3) Services that are limited in duration. This limitation shall be clearly conveyed to program participants;

(4) Segmentation of the recipient population based on factors such as work experience, education level, age of recipient, wage history, child support history, and length of time the person has been an aid to families with dependent children recipient;

(5) Matching appropriate services to each segment of the recipient population. The criteria may include an array of services that targets high cost, intensive services to the least employable groups and low cost, less intensive services to the most employable groups;

(6) Use of contracts between recipients and the department that set forth employability/self-sufficiency plans and sanctions for noncompliance;

(7) Training and education services for absent parents that increase their ability to support their children;

(8) The elimination of work disincentives for recipients of aid to families with dependent children;

(9) Providing food cash assistance or electronic benefit transfer in lieu of food stamps; and

(10) Appropriate education and training services designed to promote economic self-sufficiency.

NEW SECTION. Sec. 8. The department of social and health services in consultation with the governor shall determine what statutory or regulatory waivers are necessary to eliminate barriers to full implementation of the program.

NEW SECTION. Sec. 9. The department of social and health services shall present the proposed program including an implementation strategy to the appropriate committees of the legislature by December 15, 1993."

Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1204 Prime Sponsor, Representative Leonard: Including certain juveniles who are the subject of proceedings under chapter 13.34 RCW in the definition of "at-risk juvenile sex offenders". Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1261 Prime Sponsor, Representative Sommers: Regulating portability of retirement benefits. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1268 Prime Sponsor, Representative Dunshee: Creating a program of voluntary campaign spending limits for state offices. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on State Government be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Appelwick; Basich; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sommers; Talcott; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Ballasiotes; Cooke; Sehlin; Sheahan; and Stevens.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1294 Prime Sponsor, Representative Locke: Changing provisions in LEOFF Plan II to allow retirement at age fifty. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sehlin; Sommers; Talcott; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Sheahan and Stevens.

Excused: Representative Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1309 Prime Sponsor, Representative King: Protecting and recovering wild salmonids. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Fisheries & Wildlife be substituted therefor and the substitute bill with the following amendments by Committee on Appropriations:

On page 8, after line 22, insert:

"NEW SECTION. Sec. 17. If specific funding for this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, this act is null and void."

On page 6, line 31, after "claims." insert "The department shall attempt to integrate the requirements of this subsection into its existing compliance workload priorities, but shall prioritize the requirements of this subsection ahead of the existing compliance workload where a delay may cause the decline of wild salmonids."

Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dunshee; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sehlin; Sommers; Talcott; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Sheahan and Stevens.

Excused: Representatives Morton, Dorn and G. Fisher.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1333 Prime Sponsor, Representative Flemming: Providing for youth gang violence reduction. Reported by Committee on Appropriations

On page 2, beginning on line 32, strike "three hundred fifty" and insert "one hundred ninety"

Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sommers; Talcott; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Ballasiotes; Sehlin; Sheahan; and Stevens.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 5, 1993

HB 1369 Prime Sponsor, Representative Jacobsen: Changing provisions relating to vocational education. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill by Committee on Higher Education be substituted therefor and the substitute bill with the following amendment by Committee on Revenue: On page 7, beginning on line 20, strike all of section 4.

Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Morris; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven; and Wang.

Passed to Committee on Rules for second reading.

March 5, 1993

HB 1440 Prime Sponsor, Representative Dellwo: Reducing the tax burden on free hospitals. Reported by Committee on Revenue

MAJORITY recommendation: Do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Cothern; Leonard; Morris; and Thibaudeau.

MINORITY recommendation: Do not pass. Signed by Representatives Romero; Rust; and Wang.

Excused: Representatives Silver, Brown, Talcott and Van Luven.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1465 Prime Sponsor, Representative Kessler: Continuing tax deferral programs. Reported by Committee on Revenue

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1493 Prime Sponsor, Representative Wineberry: Assisting minority and women-owned businesses. Reported by Committee on Appropriations

Strike everything after the enacting clause and insert the following:

Sec. 1. RCW 43.168.020 and 1991 c 314 s 19 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Committee" means the Washington state development loan fund committee.

(2) "Department" means the department of community development.

(3) "Director" means the director of the department of community development.

(4) "Distressed area" means: (a) A county which has an unemployment rate which is twenty percent above the state average for the immediately previous three years; (b) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent. Applications under this subsection (4)(b) shall be filed by April 30, 1989; (c) an area within a county, which area: (i) Is composed of contiguous census tracts; (ii) has a minimum population of five thousand persons; (iii) has at least seventy percent of its families and unrelated individuals with incomes below eighty percent of the county's median income for families and unrelated individuals; and (iv) has an unemployment rate which is at least forty percent higher than the county's unemployment rate; or (d) a county designated as a timber impact area under RCW 43.31.601 if an application is filed by July 1, 1993. For purposes of this definition, "families and unrelated individuals" has the same meaning that is ascribed to that term by the federal department of housing and urban development in its regulations authorizing action grants for economic development and neighborhood revitalization projects.

(5) "Fund" means the Washington state development loan fund.

(6) "Local development organization" means a nonprofit organization which is organized to operate within an area, demonstrates a commitment to a long-standing effort for an economic development program, and makes a demonstrable effort to assist in the employment of unemployed or underemployed residents in an area.

(7) "Project" means the establishment of a new or expanded business in an area which when completed will provide employment opportunities. "Project" also means the retention of an existing business in an area which when completed will provide employment opportunities.

(8) "Minority" means persons of color, including African-Americans, Hispanic/Latino Americans, Native Americans, and Asian/Pacific Islander Americans.

(9) "Minority or women-owned business" means any resident minority business enterprise or women's business enterprise, as determined by the committee to be consistent with the requirements of chapter 39.19 RCW and subsection (8) of this section.

Sec. 2. RCW 43.168.030 and 1985 c 164 s 3 are each amended to read as follows:

(1) The Washington state development loan fund committee is established as an entity within the department of community development. The committee shall have ((seven)) eight members. The director shall appoint the members, subject to the following requirements: (a) Three members shall be experienced in investment finance and have skills in providing capital to new and innovative businesses, in starting and operating businesses and providing professional services to small or expanding businesses; (b) two members shall be residents of distressed areas; (c) one member shall represent organized labor; ((and)) (d) one member shall represent a minority business; and (e) one member shall represent a women-owned business. Careful consideration in making these appointments shall be taken to ensure that the various geographic regions of the state are represented, that members will be available for meetings on a regular basis, and will have a commitment to working with local governments and local development organizations.

(2) Each member appointed by the director shall serve a term of three years, except that of the members first appointed, two shall serve two-year terms and two shall serve one-year terms. A person appointed to fill a vacancy of a member shall be appointed in a like manner and shall serve for only the unexpired term. A member is eligible for reappointment. A member may be removed by the director only for cause.

(3) The director shall designate a member of the board as its chairperson. The committee may elect such other officers as it deems appropriate. Five ((Four)) members of the committee constitute a quorum and five ((four)) affirmative votes are necessary for the transaction of business or the exercise of any power or function of the committee.

(4) The members of the committee shall serve without compensation, but are entitled to reimbursement for actual and necessary expenses incurred in the performance of official duties in accordance with RCW 43.03.050 and 43.03.060.

(5) Members shall not be liable to the state, to the fund, or to any other person as a result of their activities, whether ministerial or discretionary, as members except for wilful dishonesty or intentional violations of law. The department may purchase liability insurance for members and may indemnify these persons against the claims of others.

Sec. 3. RCW 43.168.050 and 1990 1st ex.s. c 17 s 74 are each amended to read as follows:

(1) The committee may only approve an application providing a loan for a project which the committee finds:

(a) Will result in the creation of employment opportunities, ((or)) the maintenance of threatened employment, or development or expansion of business ownership by minorities and women;

(b) Has been approved by the director as conforming to federal rules and regulations governing the spending of federal community development block grant funds;

(c) Will be of public benefit and for a public purpose, and that the benefits, including increased or maintained employment, improved standard of living, ((and)) the employment of disadvantaged workers, and development or expansion of business ownership by minorities and women, will primarily accrue to residents of the area;

(d) Will probably be successful;

(e) Would probably not be completed without the loan because other capital or financing at feasible terms is unavailable or the return on investment is inadequate.

(2) The committee shall, subject to federal block grant criteria, give higher priority to economic development projects that contain provisions for child care.

(3) The committee may not approve an application if it fails to provide for adequate reporting or disclosure of financial data to the committee. The committee may require an annual or other periodic audit of the project books.

(4) The committee may require that the project be managed in whole or in part by a local development organization and may prescribe a management fee to be paid to such organization by the recipient of the loan or grant.

(5) (a) Except as provided in (b) of this subsection, the committee shall not approve any application which would result in a loan or grant in excess of three hundred fifty thousand dollars.

(b) The committee may approve an application which results in a loan or grant of up to seven hundred thousand dollars if the application has been approved by the director.

(6) The committee shall fix the terms and rates pertaining to its loans.

(7) Should there be more demand for loans than funds available for lending, the committee shall provide loans for those projects which will lead to the greatest amount of employment or benefit to a community. In determining the "greatest amount of employment or benefit" the committee shall also consider the employment which would be saved by its loan and the benefit relative to the community, not just the total number of new jobs or jobs saved.

(8) To the extent permitted under federal law the committee shall require applicants to provide for the transfer of all payments of principal and interest on loans to the Washington state development loan fund created under this chapter. Under circumstances where the federal law does not permit the committee to require such transfer, the committee shall give priority to applications where the applicants on their own volition make commitments to provide for the transfer.

(9) The committee shall not approve any application to finance or help finance a shopping mall.

(10) For loans not made to minority and women-owned businesses, the committee shall make at least eighty percent of the appropriated funds available to projects located in distressed areas, and may make up to twenty percent available to projects located in areas not designated as distressed. For loans not made to minority and women-owned businesses, the committee shall not make funds available to projects located in areas not designated as distressed if the fund's net worth is less than seven million one hundred thousand dollars.

(11) If an objection is raised to a project on the basis of unfair business competition, the committee shall evaluate the potential impact of a project on similar businesses located in the local market area. A grant may be denied by the committee if a project is not likely to result in a net increase in employment within a local market area.

(12) For loans to minority and women-owned businesses, the committee may consider non-traditional credit standards to offset past discrimination that has precluded full participation of minority or women-owned businesses in the economy. For applicants with "high potential" who do not meet the credit criteria, the committee shall consider developing alternative borrowing methods. For applicants denied loans due to credit problems, the committee shall provide financial counseling within available resources and referrals to credit rehabilitation services.

NEW SECTION. Sec. 4. A new section is added to chapter 43.168 RCW to read as follows:

Subject to the restrictions contained in this chapter, the committee is authorized to approve applications of minority and women-owned businesses for loans or loan guarantees from the fund. Applications approved by the committee under this chapter shall conform to applicable federal requirements. The committee shall prioritize available funds for loan guarantees rather than loans when possible. The committee may enter into agreements with other public or private lending institutions to develop a joint loan guarantee program for minority and women-owned businesses. If such a program is developed, the committee may provide funds, in conjunction with the other organizations, to operate the program. This section does not preclude the committee from making individual loan guarantees.

Sec. 5. RCW 43.168.070 and 1987 c 461 s 5 are each amended to read as follows:

The committee may receive and approve applications on a monthly basis but shall receive and approve applications on at least a quarterly basis for each fiscal year. The committee shall make every effort to simplify the loan process for applicants. Department staff shall process and assist in the preparation of applications. Each application shall show in detail the nature of the project, the types and numbers of jobs to be created, wages to be paid to new employees, and methods to hire unemployed persons from the area. Each application shall contain a credit analysis of the business to receive the loan. The chairperson of the committee may convene the committee on short notice to respond to applications of a serious or immediate nature.

Sec. 6. RCW 43.168.100 and 1986 c 204 s 1 are each amended to read as follows:

The committee may make grants of state funds to local governments which qualify as "entitlement communities" under the federal law authorizing community development block grants. These grants may only be made on the condition that the entitlement community provide the committee with assurances that it will: (1) Spend the grant moneys for purposes and in a manner which satisfies state constitutional requirements; (2) spend the grant moneys for purposes and in a manner which would satisfy federal requirements; and (3) spend at least the same ((double the)) amount of the grant for loans to businesses from the federal funds received by the entitlement community.

MINORITY recommendation: Do not pass. Signed by Representative Wineberry.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1518 Prime Sponsor, Representative Valle: Creating a water trail recreation program. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Natural Resources & Parks be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Ballasiotes; Basich; Cooke; Dellwo; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Rust; Sehlin; Sheahan; Sommers; Talcott; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representative Stevens.

Excused: Representatives Morton, Peery, Appelwick and Dorn.

Passed to Committee on Rules for second reading.

March 5, 1993

HB 1519 Prime Sponsor, Representative Ballard: Creating an office of housing affordability and regulatory reform. Reported by Committee on Appropriations

On page 2, line 15, after "person" strike all material through "and" on page 2, line 16

On page 2, line 21, after "(4)" strike all material through "(5)" on page 2, line 23

On page 2, beginning on line 30, strike all of subsections (6), (7), and (8)

On page 3, beginning on line 6, strike all of section 3

On page 3, line 11, strike "duties of the office include" and insert "department shall"

Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Basich; Cooke; Dellwo; Dorn; Dunshee; Jacobsen; Leonard; Linville; Morton; Rust; Sehlin; Sheahan; Sommers; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Ballasiotes, G. Fisher, Stevens, Lemmon and Peery.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1530 Prime Sponsor, Representative Morris: Providing for continuation of property tax exemptions for senior citizens confined in hospitals and nursing homes. Reported by Committee on Revenue

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1583 Prime Sponsor, Representative Jacobsen: Clarifying eligibility requirements for state-funded benefits for part-time academic employees of community and technical colleges. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Higher Education be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1612 Prime Sponsor, Representative Morton: Testing the feasibility of remote site incubators for salmon enhancement. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Basich; Cooke; Dellwo; G. Fisher; Jacobsen; Lemmon; Morton; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representative Dunshee.

Excused: Representatives Dorn, Leonard, Ballasiotes and Linville.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1653 Prime Sponsor, Representative King: Regulating vocational rehabilitation services in industrial insurance. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass with the following amendment by Committee on Commerce & Labor:

On page 3, line 37, after "or" strike "work hardening" and insert "transitional work"

On page 4, line 2, after "or" strike "work hardening" and insert "transitional work"

On page 4, line 3, after "program." insert "RCW 51.16.120(3) shall apply to the workers for whom coverage has been elected as authorized in this section."

Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Without recommendation. Signed by Representative Talcott.

Excused: Representative Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1670 Prime Sponsor, Representative Sommers: Providing service credit for periods of paid leave. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representative Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1673 Prime Sponsor, Representative Roland: Creating the aerospace industry legislative task force. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Trade, Economic Development & Housing be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1678 Prime Sponsor, Representative Eide: Continuing funding for Operation New Market. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Silver, Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representative Carlson, Assistant Ranking Minority Member;

Excused: Representatives Valle, Vice Chair, Leonard, Morton and Peery.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1688 Prime Sponsor, Representative Campbell: Installing manufactured homes. Reported by Committee on Appropriations

On page 5, line 27, after "be" insert "deposited in the general fund and"

Signed by Representatives Locke, Chair; Valle, Vice Chair; Carlson, Assistant Ranking Minority Member; Ballasiotes; Basich; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Rust; Sommers; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member; Cooke; Sehlin; Sheahan; Stevens; and Talcott.

Excused: Representatives Morton, Peery, Appelwick and Wang.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1694 Prime Sponsor, Representative Dellwo: Modifying the examination of health profession candidates for credentialing. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wineberry; and Wolfe.

Excused: Representative Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1739 Prime Sponsor, Representative Finkbeiner: Creating the citizen suggestion program. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on State Government be substituted therefor and the substitute bill with the following amendment by Committee on Appropriations:

On page 3, after line 27, insert the following:

"NEW SECTION. Sec. 5. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, this act is null and void."

Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dunshee; Jacobsen; Leonard; Linville; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; and Wolfe.

Excused: Representatives Morton, Dorn, G. Fisher, Lemmon, Peery and Wineberry.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1744 Prime Sponsor, Representative Heavey: Changing provisions relating to the LEOFF system. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Talcott; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representative Stevens.

Excused: Representative Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1751 Prime Sponsor, Representative Anderson: Modifying compensation of forest practices board members. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Locke, Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Valle, Vice Chair, Leonard, Morton and Peery.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1759 Prime Sponsor, Representative H. Myers: Changing sex offense provisions for perpetrators who are health care providers or persons with supervisory authority. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Judiciary be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Talcott; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representative Stevens.

Excused: Representative Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1765 Prime Sponsor, Representative L. Johnson: Creating a corrections mental health center operated through a partnership of the department of corrections and the University of Washington. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Corrections be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representative Ballasiotes.

Excused: Representative Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1817 Prime Sponsor, Representative L. Johnson: Directing the department of corrections to review the offender health care system. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Corrections be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representative Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1820 Prime Sponsor, Representative Dorn: Creating the school-to-work transitions program. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Education be substituted therefor and the substitute bill with the following amendment by Committee on Appropriations:

On page 6, line 31, after "Sec. 13."strike all matter through "plan" on page 7, line 15 and insert "If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, this act is null and void."

Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Carlson, Assistant Ranking Minority Member, Leonard, and Morton.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1845 Prime Sponsor, Representative Lemmon: Modifying certain horse racing purses. Reported by Committee on Revenue

MINORITY recommendation: Do not pass. Signed by Representative Silver.

Passed to Committee on Rules for second reading.

March 5, 1993

HB 1855 Prime Sponsor, Representative Zellinsky: Enabling accreditation of the insurance commissioner. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Financial Institutions & Insurance be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Morton; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representative Sommers.

Passed to Committee on Rules for second reading.

March 5, 1993

HB 1870 Prime Sponsor, Representative Zellinsky: Licensing bail bond agents. Reported by Committee on Appropriations

Excused: Representative Sommers.

Passed to Committee on Rules for second reading.

March 4, 1993

HB 1884 Prime Sponsor, Representative Holm: Exempting nonprofit organizations providing credit services from the business and occupation tax. Reported by Committee on Revenue

MINORITY recommendation: Do not pass. Signed by Representatives Rust and Wang.

Excused: Representatives Romero, Talcott and Thibaudeau.

Passed to Committee on Rules for second reading.

March 5, 1993

HB 1895 Prime Sponsor, Representative Eide: Raising the limit for the business and occupation tax exemption. Reported by Committee on Revenue

MAJORITY recommendation: Do pass with the following amendment:

On page 1, line 10, strike "two" and insert "four"

On page 1, line 13, strike "two" and insert "four"

Signed by Representatives G. Fisher, Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Morris; Romero; Silver; Talcott; Van Luven; and Wang.

MINORITY recommendation: Do not pass. Signed by Representatives Cothern; Leonard; Rust; and Thibaudeau.

Excused: Representative Holm, Vice Chair.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1897 Prime Sponsor, Representative Thibaudeau: Modifying provisions regarding mental health. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Human Services be substituted therefor and the substitute bill with the following amendment by Committee on Appropriations:

On page 13, line 24, after "patients." strike all material through "networks." on line 29.

On page 17, line 16, after "1995." strike all language through "department" on line 18.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1913 Prime Sponsor, Representative Locke: Providing supports for people with developmental disabilities. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 5, 1993

HB 1943 Prime Sponsor, Representative Brumsickle: Allowing community and technical college foundations to manage funds for their exceptional faculty awards. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Morton; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representative Sommers.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1953 Prime Sponsor, Representative Grant: Creating an energy siting process review committee. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Energy & Utilities be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dorn; Dunshee; Lemmon; Leonard; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; and Wolfe.

Excused: Representatives Morton, Dellwo, G. Fisher, Jacobsen, Wang and Wineberry.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1956 Prime Sponsor, Representative Cothern: Requiring computerized collection of health insurance coverage provided by certain state entities. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Cooke and Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1957 Prime Sponsor, Representative Dellwo: Creating the medical health coverage benefit determination committee. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Health Care be substituted therefor and the substitute bill with the following amendment by Committee on Appropriations:

On page 1, strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that health care coverage providers employ a variety of methods to determine whether a particular health care service or treatment will be denied because such service or treatment is considered by the provider to be experimental, investigative, or similarly questionable as to its efficacy. The denial of coverage may prevent access to necessary health care services or treatment when the person seeking coverage has no other method of affording such health care service or treatment.

The legislature further finds that similarly situated persons with the same health care need but with different health care coverage providers face the possibility that one provider will deny coverage while the other will permit coverage. This inconsistency in coverage determinations requires an impartial body to provide technical guidance to health care coverage providers in determining whether certain health care services or treatments should be covered under a disability insurance policy, health care service contract or agreement, or under any other similar health care benefit program.

NEW SECTION. Sec. 2. (1) Unless the context requires otherwise, the following definitions apply throughout this chapter:

(a) "Committee" means the medical health coverage benefit determination committee created in this chapter.

(b) "Health care coverage provider" or "provider" means:

(i) Every insurer, as defined in RCW 48.01.050, having a certificate or authority to transact disability insurance as defined in RCW 48.11.030, in this state;

(ii) Every health care service contractor, as defined in RCW 48.44.010(3), registered to transact business in this state;

(iii) Every health maintenance organization, as defined in RCW 48.46.020(1), registered to transact business in this state;

(iv) The Washington basic health plan, as defined in RCW 70.47.020(1);

(v) The Washington state health care authority, as defined in chapter 41.05 RCW;

(vi) Every local government self-insured health and welfare benefit plan or program regulated under chapter 48.62 RCW; or

(vii) The Washington State Health Insurance Pool as defined in chapter 48.41 RCW.

NEW SECTION. Sec. 3. (1) There is hereby created in the office of the insurance commissioner, the medical health coverage benefit determination committee consisting of seven members appointed by the commissioner on the basis of their knowledge and experience in health care services. In appointing such members the commissioner shall seek to appoint members from diverse health care professions that may include medical research, pharmacology, oncology, internal medicine, gynecology, pediatrics, or any other health profession capable of providing expertise for purposes of this act. The commissioner may not appoint members who work for or with a provider in a capacity similar to the purposes of the committee and may not appoint members who are advocates for groups, associations, or other organizations promoting the use or coverage of a particular procedure, treatment, drug, or other health care service.

(2) Members of the committee shall be appointed for a term of four years and until their successors are appointed. In the event of a vacancy, the commissioner shall appoint a person to fill the unexpired portion of the term. The terms of the first four members of the committee shall be staggered so that one member shall be appointed to serve until June 1, 1994, one member until June 1, 1995, one member until June 1, 1996, and one member until June 1, 1997.

(3) The commissioner may remove a member of the committee only for inefficiency, malfeasance, or misfeasance.

(4) The committee shall operate on a part-time basis. The committee shall meet at the request of the commissioner and may meet at the request of a majority of members of the committee to consider, develop, and recommend criteria to guide future actions of health care coverage providers in determining whether a procedure, treatment, drug or other health care service is experimental, investigative, or efficacious for purposes of extending coverage. The committee shall also consider and make recommendations as to whether a procedure, treatment, drug, or other health care service is experimental, investigative, or efficacious.

(5) The committee shall as soon as practicable after the initial appointment of the members, meet and elect a chairperson and shall at least biennially thereafter meet and elect such chairperson.

(6) Members of the committee shall receive reimbursement for travel expenses incurred in the discharge of their duties in accordance with RCW 43.03.050 and 43.03.060.

(7) The insurance commissioner shall provide the committee with administrative, material, and staff support necessary for the proper functioning of the committee and may adopt all rules necessary to implement the provisions of this chapter.

NEW SECTION. Sec. 4. (1) In making a recommendation as to whether a procedure, treatment, drug, or other health care service is experimental, investigative, or efficacious the committee shall:

(a) Take into account findings, studies, or research conducted at qualified research centers in this country and abroad;

(b) Consider whether treating physicians find the procedure, drug or treatment efficacious or necessary for the health or survival of the patient, or whether there is a potential benefit to the public as a whole, as for example, where a disease is rare and treatment for it may remain experimental for the foreseeable future; and

(2) After considering the facts and without reference to any particular dispute between a provider and the person seeking coverage of a procedure, drug, treatment, or other health care service, the committee shall issue a written recommendation to the commissioner detailing its findings and conclusions.

(3) The commissioner shall publish at least once a year, and disseminate to the public and providers, a summary of the committee's determinations and deliberations.

NEW SECTION. Sec. 5. This chapter shall expire on July 1, 1998.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act shall constitute a new chapter in title 48 RCW."

Excused: Representatives Leonard, Morton and Wolfe.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1966 Prime Sponsor, Representative Wineberry: Implementing juvenile justice racial disproportionality study recommendations. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Human Services be substituted therefor and the substitute bill with the following amendment by Committee on Appropriations:

On page 7, after line 27, insert:

"NEW SECTION. Sec. 10. The implementation of this act, or any section of this act, is subject to the availability of funds."

Signed by Representatives Locke, Chair; Valle, Vice Chair; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sehlin; Sommers; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Sheahan; Stevens; and Talcott.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1969 Prime Sponsor, Representative Wang: Creating the "Washington serves" voluntary service program. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Judiciary be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representative Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1997 Prime Sponsor, Representative Quall: Redefining the relationship between the state and its postsecondary institutions. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Higher Education be substituted therefor and the substitute bill with the following amendment by Committee on Appropriations: On page 3, beginning on line 8, strike all of sections 3 through 7.

On page 5, line 23, after "rules" strike everything through "state." on line 25 and insert ". The higher education coordinating board shall report to the governor and appropriate legislative committees its recommendations for any statutory changes necessary to enhance institutional efficiencies. In cooperation with affected institutions, the board shall work with appropriate agencies to reduce administrative barriers that do not require statutory changes."

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 5, 1993

HB 2026 Prime Sponsor, Representative Karahalios: Requiring notice about fetal alcohol syndrome. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Commerce & Labor be substituted therefor and the substitute bill with the following amendment by Committee on Appropriations: On page 2, beginning on line 1, strike all of section 3.

Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Morton; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representative Sommers.

Passed to Committee on Rules for second reading.

March 5, 1993

HB 2029 Prime Sponsor, Representative Dorn: Changing funding procedures for high school students enrolled in the running start program in community or technical colleges. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Leonard; Linville; Morton; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representative Lemmon.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 2066 Prime Sponsor, Representative J. Kohl: Changing school levy provisions. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 4, 1993

HJM 4008 Prime Sponsor, Representative Mastin: Requesting a full deduction for sales taxes on federal tax returns. Reported by Committee on Revenue

Excused: Representatives Talcott and Thibaudeau.

Passed to Committee on Rules for second reading.

REPORTS OF STANDING COMMITTEES (1ST SUPPLEMENTAL)

March 6, 1993

HB 1209 Prime Sponsor, Representative Peery: Reforming education. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Education be substituted therefor and the substitute bill with the following amendments by Committee on Appropriations:

On page 10, beginning on line 35, strike all of section 203

On page 13, beginning on line 30, strike all of section 303

On page 18, beginning on line 18, strike all of sections 408, 409, 410 and 411

On page 21, beginning on line 3, strike all of section 503

On page 26, beginning on line 17, strike all of section 613

On page 30, beginning on line 1, strike all of sections 711, 712, 713 and 714

On page 31, beginning on line 30, strike all of section 803

On page 36, beginning on line 13, strike all of section 905

On page 43, after line 32, insert:

"NEW SECTION. Sec 1204. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, this act is null and void."

On page 12, line 3, after "by" insert "up to"

On page 12, after line 16, insert:

"(8) If specific funding for education restructuring grants, referencing this act by bill number and specifying that the funding is for education restructuring grants, is not provided by June 30, 1993 in the omnibus appropriation act, this section is null and void."

On page 12, line 20, strike "implementation"

On page 13, line 14, after "by" insert "up to"

On page 13, after line 29, insert:

"(8) If specific funding for education restructuring grants, referencing this act by bill number and specifying that the funding is for education restructuring grants, is not provided by June 30, 1995 in the omnibus appropriation act for the 1995-97 biennium, this section is null and void."

On page 6, line 38, strike "required" and insert "((required)) reviewed"

On page 7, line 5, after "districts" insert "for purposes of assessing the adequacy of its curriculum and teaching methods in educating students in the essential academic learning requirements"

Signed by Representatives Locke, Chair; Valle, Vice Chair; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sehlin; Sommers; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member; Sheahan; Stevens; and Talcott.

Excused: Representative Morton.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1236 Prime Sponsor, Representative Rust: Establishing fees for certain water rights. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill by Committee on Natural Resources & Parks be substituted therefor and the substitute bill with the following amendment by Committee on Revenue: On page 8, after line 20, strike all material through line 24 on page 9 and insert the following:

"NEW SECTION. Sec. 6. (1) There is created a water rights fees task force. The task force shall be comprised of fourteen members, who are appointed as follows:

(a) Two members of the Washington state house of representatives, one from each major caucus, to be appointed by the speaker of the house;

(b) Two members of the Washington state senate, one from each major caucus, to be appointed by the president of the senate;

(c) Ten members, to be appointed jointly by the speaker of the house of representatives and the president of the senate, to represent the following interests: Agriculture, aquaculture, business, cities, counties, the state department of ecology, environmentalists, water recreation interests, water utilities, and hydropower interests. The task force may establish technical advisory committees as necessary to complete its tasks.

(2) The task force shall conduct a comprehensive review of water rights fees and related policy issues. The task force's tasks shall include but not be limited to:

(a) Identification of the costs associated with the various types of activities and services provided in the water resource program and examination of how these costs compare with the fees charged for these activities and services;

(b) Identification of appropriate accountability measures for the department to employ in administration of the water rights program. Recommendations of accountability requirements and measurements shall take into account the distinctive characteristics of the water rights program, that is, that the department receives a large number of applications on a one-time basis and that the department must meet its legal obligations under the doctrine of prior appropriation.

(c) Identification of which program activities should be eligible for cost recovery from fees, as well as which direct and indirect costs of program administration;

(d) Review of the application, examination, and water rights permit requirements for marine water users, to determine if these users should receive special consideration;

(e) Review of the definition and treatment of nonconsumptive water uses, to determine if and what special consideration should be given to these uses;

(f) Review of the fees and accounting methods for the dam safety program;

(g) Review of the findings of the water resource data management task force, and identification of the appropriate distribution of responsibility between the applicant and the department for provision of technical information and analysis; and

(h) Establishment of a reasonable time framework for completion of new and pending water rights applications, and an analysis of the staff and funding levels required to meet the established time framework."

Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Anderson; Brown; Cothern; Romero; Rust; Thibaudeau; and Wang.

MINORITY recommendation: Do not pass. Signed by Representatives Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Morris; Silver; Talcott; and Van Luven.

Excused: Representative Leonard.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1320 Prime Sponsor, Representative Pruitt: Modifying the forest fire protection assessment. Reported by Committee on Revenue

"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 shall take effect immediately."

MINORITY recommendation: Do not pass. Signed by Representative Van Luven.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1336 Prime Sponsor, Representative Karahalios: Allowing property owned by nonprofit organizations to be used for certain activities without loss of property tax exemption. Reported by Committee on Revenue

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1372 Prime Sponsor, Representative Pruitt: Creating the government accountability task force. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on State Government be substituted therefor and the substitute bill with the following amendment by Committee on Appropriations:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 43.88.160 and 1992 c 118 s 8 are each amended to read as follows:

This section sets forth the major fiscal duties and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control, including efficient accounting and reporting therefor, for the executive branch of the state government and may include, in addition, such requirements as will generally promote more efficient public management in the state.

(1) Governor; director of financial management. The governor, through the director of financial management, shall devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the state. The system shall also provide for central accounts in the office of financial management at the level of detail deemed necessary by the director to perform central financial management. The director of financial management shall adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this chapter. An agency may receive a waiver from complying with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for which they are granted. The director shall forward notice of waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such financial, statistical, and other reports as the director deems necessary from all agencies covering any period.

(2) The director of financial management is responsible for quarterly reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit cost data. These reports shall be transmitted to the legislative fiscal committees or by electronic means to the legislative evaluation and accountability program committee. Quarterly reports shall include actual monthly data and the variance between actual and estimated data to date. The reports shall also include estimates of these items for the remainder of the budget period.

(3) The director of financial management shall report at least annually to the appropriate legislative committees regarding the status of all appropriated capital projects, including transportation projects, showing significant cost overruns or underruns. If funds are shifted from one project to another, the office of financial management shall also reflect this in the annual variance report. Once a project is complete, the report shall provide a final summary showing estimated start and completion dates of each project phase compared to actual dates, estimated costs of each project phase compared to actual costs, and whether or not there are any outstanding liabilities or unsettled claims at the time of completion.

(4) In addition, the director of financial management, as agent of the governor, shall:

(a) Make surveys and analyses of agencies with the object of determining better methods and increased effectiveness in the use of manpower and materials; and the director shall authorize expenditures for employee training to the end that the state may benefit from training facilities made available to state employees;

(b) Report to the governor with regard to duplication of effort or lack of coordination among agencies;

(c) Review any pay and classification plans, and changes thereunder, developed by any agency for their fiscal impact: PROVIDED, That none of the provisions of this subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director shall advise and confer with agencies including appropriate standing committees of the legislature as may be designated by the speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend or alter said plans, except that for the following agencies no amendment or alteration of said plans may be made without the approval of the agency concerned: Agencies headed by elective officials;

(d) Fix the number and classes of positions or authorized man years of employment for each agency and during the fiscal period amend the determinations previously fixed by the director except that the director shall not be empowered to fix said number or said classes for the following: Agencies headed by elective officials;

(e) Provide for transfers and repayments between the budget stabilization account and the general fund as directed by appropriation and RCW 43.88.525 through 43.88.540;

(f) Promulgate regulations to effectuate provisions contained in (a) through (e) of this subsection.

(5) The treasurer shall:

(a) Receive, keep, and disburse all public funds of the state not expressly required by law to be received, kept, and disbursed by some other persons: PROVIDED, That this subsection shall not apply to those public funds of the institutions of higher learning which are not subject to appropriation;

(b) Disburse public funds under the treasurer's supervision or custody by warrant or check;

(c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;

(d) Perform such other duties as may be required by law or by regulations issued pursuant to this law.

It shall be unlawful for the treasurer to issue any warrant or check for public funds in the treasury except upon forms duly prescribed by the director of financial management. Said forms shall provide for authentication and certification by the agency head or the agency head's designee that the services have been rendered or the materials have been furnished; or, in the case of loans or grants, that the loans or grants are authorized by law; or, in the case of payments for periodic maintenance services to be performed on state owned equipment, that a written contract for such periodic maintenance services is currently in effect and copies thereof are on file with the office of financial management; and the treasurer shall not be liable under the treasurer's surety bond for erroneous or improper payments so made: PROVIDED, That when services are lawfully paid for in advance of full performance by any private individual or business entity other than as provided for by RCW 42.24.035, such individual or entity other than central stores rendering such services shall make a cash deposit or furnish surety bond coverage to the state as shall be fixed in an amount by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of general administration but in no case shall such required cash deposit or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach of promise to fully perform such services: AND PROVIDED FURTHER, That no payments shall be made in advance for any equipment maintenance services to be performed more than three months after such payment. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head or the agency head's designee in accordance with regulations issued pursuant to this chapter. Nothing in this section shall be construed to permit a public body to advance funds to a private service provider pursuant to a grant or loan before services have been rendered or material furnished.

(6) The state auditor shall:

(a) Report to the legislature the results of current post audits that have been made of the financial transactions of each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official or employee charged with the receipt, custody or safekeeping of public funds. The current post audit of each agency may include a section on recommendations to the legislature as provided in (c) of this subsection.

(b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.

(c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include at least the following:

Determinations as to whether agencies, in making expenditures, complied with the laws of this state((: PROVIDED, That nothing in this section may be construed to grant the state auditor the right to perform performance audits. A performance audit for the purpose of this section is the examination of the effectiveness of the administration, its efficiency, and its adequacy in terms of the programs of departments or agencies as previously approved by the legislature. The authority and responsibility to conduct such an examination shall be vested in the legislative budget committee as prescribed in RCW 44.28.085)).

(d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's financial transactions and to cause such exceptions to be made a matter of public record, including disclosure to the agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken promptly, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110.

(e) Promptly report any irregularities to the attorney general.

(f) Investigate improper governmental activity under chapter 42.40 RCW.

(7) The legislative budget committee may:

(a) Make post audits of the financial transactions of any agency and management surveys and program reviews as provided for in RCW 44.28.085. To this end the committee may in its discretion examine the books, accounts, and other records of any agency, official, or employee.

(b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.

(i) Determinations as to the extent to which agencies in making expenditures have complied with the will of the legislature and in this connection, may take exception to specific expenditures or financial practices of any agencies; and

(ii) Such plans as it deems expedient for the support of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs and generally for an improved level of fiscal management.

Sec. 2. RCW 44.28.085 and 1975 1st ex.s. c 293 s 15 are each amended to read as follows:

The legislative budget committee shall make management surveys and program reviews as to every public body, officer or employee subject to the provisions of RCW 43.09.290 through 43.09.340. The legislative budget committee may also make management surveys and program reviews of local school districts, intermediate school districts, and other units of local government receiving state funds as grants-in-aid or as shared revenues. Management surveys for the purposes of this section shall be an independent examination for the purpose of providing the legislature with an evaluation and report of the manner in which any public agency, officer, administrator, or employee has discharged the responsibility to faithfully, efficiently, and effectively administer any legislative purpose of the state. Program reviews for the purpose of this section shall be an examination of state or local government programs to ascertain whether or not such programs continue to serve their intended purposes, are conducted in an efficient and effective manner, or require modification or elimination: PROVIDED, That nothing in this section shall limit the power or duty of the state auditor to report to the legislature as directed by subsection (3) of RCW 43.88.160 ((as now or hereafter amended. The authority in this section conferred excludes a like authority in the state auditor)).

The legislative budget committee shall receive a copy of each report of examination issued by the state auditor under RCW 43.09.310, shall review all such reports, and shall make such recommendations to the legislature and to the state auditor as it deems appropriate."

MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member and Carlson, Assistant Ranking Minority Member.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1395 Prime Sponsor, Representative Scott: Allowing counties to impose additional marriage license fees for funding family services. Reported by Committee on Revenue

MAJORITY recommendation: Do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Cothern; Morris; Romero; Rust; Silver; Talcott; Thibaudeau; and Wang.

MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Ranking Minority Member and Van Luven.

Excused: Representative Leonard.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1419 Prime Sponsor, Representative G. Fisher: Including the water pollution control revolving fund in the funds that will be credited with earnings of investments of surplus funds. Reported by Committee on Revenue

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1441 Prime Sponsor, Representative R. Johnson: Providing for flood damage reduction. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Environmental Affairs be substituted therefor and the substitute bill with the following amendments by Committee on Appropriations:

On page 12, line 3, after "transfer" strike "four million dollars"

On page 12, line 5, after "account" strike all material through "dollars))" on line 7, and insert "an amount of money, which, when combined with money remaining in the account from the previous biennium, will equal four million dollars"

On page 4, beginning on line 6, insert "(1)"

On page 4, after line 11, insert "(2) This section shall expire on July 1, 1998."

On page 17, on line 8, after "writing" insert "at least 5 days"

On page 6, line 1, after "(4)" strike all material through "county" on line 13, and insert "A flood-prone county shall submit to the department of ecology a flood hazard management plan consistent with the model ordinance developed pursuant to section 101 of this act by the later of July 1, 1997, or two years after the county has been designated as a flood-prone county. A flood-prone county, and all applicants within that county, are eligible for state matching funds for the public assistance and mitigation programs under P. L 93-288 Sec. 404, 406, and 407, only if the county has adopted a plan meeting the requirements of this subsection"

On page 7, line 9, after "county" strike all material through "act" on page 8, line 2, and insert "has adopted an ordinance pursuant to section 104 of this act, the county legislative authority of each flood-prone county shall submit an ordinance no less stringent than the model ordinance developed pursuant to section 101 of this act, by the later of July 1, 1995, or within two years of becoming a flood-prone county. A flood-prone county and all applicants within the county are eligible for state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407, only if the county has adopted an ordinance no less stringent than the model ordinance developed pursuant to section 101 of this act.

(4) A city or town within a flood-prone county, and all the applicants within that city or town, are eligible for state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407, only if the city or town has adopted an ordinance no less stringent than the model ordinance developed pursuant to section 101 of this act."

Signed by Representatives Locke, Chair; Valle, Vice Chair; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Cooke; Dellwo; Dorn; Dunshee; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sommers; Wang; and Wineberry.

MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member; Basich; Sehlin; Sheahan; and Stevens.

Excused: Representatives Morton, Talcott, G. Fisher and Wolfe.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1442 Prime Sponsor, Representative R. Johnson: Creating a watershed management task force. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Natural Resources & Parks be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Appelwick; Basich; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sommers; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Ballasiotes; Cooke; Sehlin; Sheahan; Stevens; and Talcott.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1445 Prime Sponsor, Representative J. Kohl: Modifying the scope of the state law against discrimination. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Commerce & Labor be substituted therefor and the substitute bill with the following amendment by Committee on Appropriations:

On page 4, line 28, after "1993." insert "However, the human rights commission may not consider a complaint against an employer having fewer than eight employees until after June 30, 1995 and the commission shall dismiss any such complaint filed after June 30, 1995 if the unfair practices have not been conducted after June 30, 1995. This postponed effective date does not apply to civil actions filed in court under RCW 49.60.030(2)."

Signed by Representatives Locke, Chair; Valle, Vice Chair; Appelwick; Basich; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sommers; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Ballasiotes; Cooke; Sehlin; Sheahan; Stevens; and Talcott.

Excused: Representative Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1471 Prime Sponsor, Representative King: Regulating the non-Puget Sound coastal commercial crab fishery. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Fisheries & Wildlife be substituted therefor and the substitute bill with the following amendment by Committee on Appropriations: On page 3, after line 21, insert:

"NEW SECTION. Sec. 5. A surcharge of one hundred and twenty-five dollars shall be collected with each coastal crab pot license issued under RCW 75.28.130 until June 30, 1999."

On page 8, line 5, after "The" strike the remainder of the section and insert "industry shall prepare a gear reduction plan to stabilize the coastal crab industry in Washington. The industry shall submit the plan to the department of fisheries by November 31, 1995. The department shall evaluate the plan and submit it to the Legislature by December 31, 1995."

Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Ballasiotes; Basich; Cooke; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang; and Wolfe.

Excused: Representatives Morton, Appelwick, Dellwo, Dorn, Sommers and Wineberry.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1483 Prime Sponsor, Representative Pruitt: Creating the surface mining reclamation account. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill by Committee on Natural Resources & Parks be substituted therefor and the substitute bill with the following amendment by Committee on Revenue: On page 2, line 5, strike "six hundred fifty" and insert "four hundred fifty-eight"

On page 2, line 8, strike "six hundred fifty" and insert "four hundred fifty-eight"

Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Anderson; Brown; Cothern; Leonard; Morris; Rust; Thibaudeau; and Wang.

MINORITY recommendation: Do not pass. Signed by Representatives Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Silver; Talcott; and Van Luven.

Excused: Representative Romero.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1497 Prime Sponsor, Representative Dellwo: Adopting the accredited foreign branch campus act. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill by Committee on Higher Education be substituted therefor and the substitute bill do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Leonard; Morris; Romero; Rust; Silver; Talcott; Thibaudeau; and Wang.

MINORITY recommendation: Do not pass. Signed by Representative Van Luven.

Excused: Representative Cothern.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1509 Prime Sponsor, Representative Locke: Increasing flexibility of institutions of higher education. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sehlin; Sommers; Talcott; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Sheahan and Stevens.

Excused: Representatives Morton and Leonard.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1529 Prime Sponsor, Representative Springer: Reauthorizing certain timber programs. Reported by Committee on Appropriations

On page 9, after line 8, insert:

"NEW SECTION. Sec. 12. This act is necessary for the immediate preservation of the public peace, health, safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993."

On page 9, after line 8, insert:

"NEW SECTION. Sec. 12. If specific funding for this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, this act is null and void."

On page 2, after line 30, strike all of section 5

On page 6, beginning on line 11, strike all of sections 7, 8, and 9

On page 1, line 12, after "governments" strike "including local port districts when the port district project is in compliance with local land use plans"

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1562 Prime Sponsor, Representative Brown: Authorizing local governments to exceed statutory property tax limitations for the purpose of financing affordable housing for very low-income households. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill by Committee on Local Government be substituted therefor and the substitute bill with the following amendment by Committee on Revenue:

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

"Sec. 5. RCW 84.52.069 and 1991 c 175 s 1 are each amended to read as follows:

(1) As used in this section, "taxing district" means a county, emergency medical service district, city or town, public hospital district, or fire protection district.

(2) A taxing district may impose additional regular property tax levies in an amount equal to fifty cents or less per thousand dollars of the assessed value of property in the taxing district in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the registered voters thereof approving a proposition authorizing the levies submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty per centum of the total votes cast in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty per centum of the total votes cast in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the registered voters thereof voting on the proposition when the number of registered voters voting on the proposition exceeds forty per centum of the total votes cast in such taxing district in the last preceding general election. Ballot propositions shall conform with RCW 29.30.111.

(3) Any tax imposed under this section shall be used only for the provision of emergency medical care or emergency medical services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicles and structures needed for the provision of emergency medical care or emergency medical services.

(4) If a county levies a tax under this section, no taxing district within the county may levy a tax under this section. No other taxing district may levy a tax under this section if another taxing district has levied a tax under this section within its boundaries: PROVIDED, That if a county levies less than fifty cents per thousand dollars of the assessed value of property, then any other taxing district may levy a tax under this section equal to the difference between the rate of the levy by the county and fifty cents: PROVIDED FURTHER, That if a taxing district within a county levies this tax, and the voters of the county subsequently approve a levying of this tax, then the amount of the taxing district levy within the county shall be reduced, when the combined levies exceed fifty cents. Whenever a tax is levied county-wide, the service shall, insofar as is feasible, be provided throughout the county: PROVIDED FURTHER, That no county-wide levy proposal may be placed on the ballot without the approval of the legislative authority of each city exceeding fifty thousand population within the county: AND PROVIDED FURTHER, That this section and RCW 36.32.480 shall not prohibit any city or town from levying an annual excess levy to fund emergency medical services: AND PROVIDED, FURTHER, That if a county proposes to impose tax levies under this section, no other ballot proposition authorizing tax levies under this section by another taxing district in the county may be placed before the voters at the same election at which the county ballot proposition is placed: AND PROVIDED FURTHER, That any taxing district emergency medical service levy that is authorized subsequent to a county emergency medical service levy, shall expire concurrently with the county emergency medical service levy.

(5) The tax levy authorized in this section is in addition to the tax levy authorized in RCW 84.52.043.

(6) The limitation in RCW 84.55.010 shall not apply to the first levy imposed pursuant to this section following the approval of such levy by the voters pursuant to subsection (2) of this section.

(((7) No taxing district may levy under this section more than twenty-five cents per thousand dollars of assessed value of property if reductions under RCW 84.52.010(2) are made for the year within the boundaries of the taxing district.))"

Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Anderson; Brown; Cothern; Leonard; Morris; Romero; Rust; Silver; Talcott; Thibaudeau; and Wang.

MINORITY recommendation: Do not pass. Signed by Representatives Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; and Van Luven.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1571 Prime Sponsor, Representative Ogden: Raising the limit counties may levy to acquire property interests. Reported by Committee on Revenue

MAJORITY recommendation: Do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Morris; Romero; Rust; Talcott; Thibaudeau; and Wang.

MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Ranking Minority Member; Silver; and Van Luven.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1603 Prime Sponsor, Representative Locke: Reforming higher education tuition and financial aid. Reported by Committee on Appropriations

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1641 Prime Sponsor, Representative Chandler: Excluding pollination agents from "sale at retail" and "retail sale" definition for business and occupation tax. Reported by Committee on Revenue

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1690 Prime Sponsor, Representative Rust: Changing provisions relating to hazardous waste permits. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill by Committee on Environmental Affairs be substituted therefor and the substitute bill do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Morris; Romero; Rust; Talcott; Thibaudeau; and Wang.

MINORITY recommendation: Do not pass. Signed by Representatives Silver and Van Luven.

Excused: Representative Fuhrman, Assistant Ranking Minority Member.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1704 Prime Sponsor, Representative G. Fisher: Authorizing the secretary of state to set fees by rule. Reported by Committee on Revenue

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1734 Prime Sponsor, Representative Appelwick: Adding new judges to the court of appeals. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Judiciary be substituted therefor and the substitute bill with the following amendment by Committee on Appropriations:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 2.06.020 and 1989 c 328 s 10 are each amended to read as follows:

The court shall have three divisions, one of which shall be headquartered in Seattle, one of which shall be headquartered in Spokane, and one of which shall be headquartered in Tacoma:

(1) The first division shall have ((nine)) twelve judges from three districts, as follows:

(a) District 1 shall consist of King county and shall have ((six)) eight judges;

(b) District 2 shall consist of Snohomish county and shall have two judges; and

(2) The second division shall have ((four)) six judges from the following districts:

(a) District 1 shall consist of Pierce county and shall have two judges;

(b) District 2 shall consist of Clallam, Grays Harbor, Jefferson, Kitsap, Mason, and Thurston counties and shall have ((one)) two judges;

(c) District 3 shall consist of Clark, Cowlitz, Lewis, Pacific, Skamania, and Wahkiakum counties and shall have ((one)) two judges.

(3) The third division shall have ((four)) five judges from the following districts:

(a) District 1 shall consist of Ferry, Lincoln, Okanogan, Pend Oreille, Spokane and Stevens counties and shall have two judges;

(b) District 2 shall consist of Adams, Asotin, Benton, Columbia, Franklin, Garfield, Grant, Walla Walla, and Whitman counties and shall have one judge;

(c) District 3 shall consist of Chelan, Douglas, Kittitas, Klickitat and Yakima counties and shall have ((one)) two judges.

NEW SECTION. Sec. 2. A new section is added to chapter 2.06 RCW to read as follows:

(1) Any judicial position created by section 1, chapter ..., Laws of 1993 (section 1 of this act) shall be effective only if that position is specifically funded and is referenced by division and district in an omnibus appropriations act.

(2)(a) The full term of office for the judicial positions authorized pursuant to this act shall be six years.

(b) The authorized judicial positions shall be filled at the general election in the November immediately preceding the beginning of the full term.

(i) In the first division, the initial full terms of six years for the two positions in district 1 shall begin the second Monday in January following the general election held in November 1993. If the effective dates for the judicial positions are later than the deadline to include them in the November 1993 election, the initial full terms shall begin the second Monday in January following the general election held in November 1999. The initial full term of six years for the position in district 3 shall begin on the second Monday in January following the general election held in November 1996. If the effective date for the judicial position is later than the deadline to include it in the November 1996 election, the initial full term shall begin the second Monday in January following the general election held in November 2002.

(ii) In the second division, the initial full terms of six years for the two positions in district 2 shall begin the second Monday in January following the general election held in November 1994. If the effective dates of the judicial positions are later than the deadline to include them in the November 1994 election, the initial full terms shall begin the second Monday in January following the general election held in November 2000. The initial full term for the position in district 3 shall begin the second Monday in January following the general election held in November 1998. If the effective date of the judicial position is later than the deadline to include it in the November 1998 election, the initial full term shall begin the second Monday in January following the general election held in November 2004.

(iii) In the third division, the initial full term of six years for the position in district 3 shall begin the second Monday in January following the general election held in November 1994. If the effective date of the judicial position is later than the deadline to include it in the November 1994 election, the initial full term will begin the second Monday in January following the general election held in November 2000.

(d) Upon becoming effective pursuant to subsection (1) of this section, the governor shall appoint judges to the additional judicial positions authorized in section 1, chapter ..., Laws of 1993 (section 1 of this act). The appointed judges shall hold office until the second Monday in January following the general election following the effective date of the position. The appointed judges and other judicial candidates are entitled to run for the judicial position at the general election following appointment.

(e) The initial election for these positions shall be held in November following the effective date of the position. If the initial election of a newly authorized position is not held on a date which corresponds to the beginning of a full term as specified in (c)(i) through (iii) of this subsection, the election shall be for a partial term.

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 shall take effect immediately."

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1752 Prime Sponsor, Representative Grant: Changing telephone relay service provisions. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill by Committee on Energy & Utilities be substituted therefor and the substitute bill do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven; and Wang.

MINORITY recommendation: Do not pass. Signed by Representative Fuhrman, Assistant Ranking Minority Member;

Excused: Representative Morris.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1768 Prime Sponsor, Representative Appelwick: Creating a courthouse facilitator program. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill by Committee on Judiciary be substituted therefor and the substitute bill with the following amendment by Committee on Revenue:

On page 1, beginning on line 16, strike all of section 2.

Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Morris; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven; and Wang.

Excused: Representative Fuhrman, Assistant Ranking Minority Member.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1776 Prime Sponsor, Representative Wineberry: Creating the office of science and technology. Reported by Committee on Appropriations

On page 2, after line 14, strike section 2

On page 3, line 1, after "Sec. 3." strike all material through "(2)" on line 5 and insert "Subject to the receipt of funds in the account created in section 5 of this act, the department of trade and economic development shall work with representatives from the appropriate private sector businesses and research laboratories to undertake the following:

(1)"

On page 3, line 23, after "(1)" strike the remainder of the section and insert: "The department may form an advisory council on science and technology. Expenses of the council shall be supported from the account created in section 5 of this act."

On page 5, after line 23, insert:

"NEW SECTION. Sec. 5. The science and technology support account is created in the state treasury. The department of trade and economic shall administer the account. Moneys received in the account shall include all donations, gifts, and grants in support of the duties and responsibilities outlined in section 3 of this act. No appropriation is required to permit expenditures and payments of obligations from the account."

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1785 Prime Sponsor, Representative Locke: Creating jobs to restore and enhance Washington's estuaries, waterways, forests, and watersheds. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Environmental Affairs be substituted therefor and the substitute bill with the following amendment by Committee on Appropriations: On page 1, after line 19, insert:

"(3) The legislature finds that unemployed workers and Washington's economically distressed communities can benefit from opportunities for employment through labor intensive restoration projects.

(4) The legislature recognizes that stewardship activities on state-owned lands is a responsible investment consistent with the provisions of this act. It is the intent of the legislature that stewardship activities funded under this chapter provide labor intensive employment.

(5) Employment under this chapter is not intended to displace or partially displace currently employed workers, including but not limited to, state employees and service employees under existing contracts."

On page 6, after line 24, insert:

"NEW SECTION. Sec. 13. If specific funding for section 9 of this act, specifically referencing the section by section number, is not provided by June 30, 1993, in the omnibus appropriations act, this section is null and void."

On page 5, line 35, after "conservation" insert "and service"

On page 4, line 7, after "(6)" strike "Money" and insert "Except for essential administrative and supervisory purposes, money"

On page 5, line 29, after "(2)" strike "Recipients of funds" and insert "Employers receiving funds from the account"

MINORITY recommendation: Without recommendation. Signed by Representatives Sheahan; Stevens; and Talcott.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1799 Prime Sponsor, Representative Wineberry: Clarifying the use of funds for economic development by the economic development finance authority. Reported by Committee on Capital Budget

MINORITY recommendation: Do not pass. Signed by Representatives Heavey and Silver.

Excused: Representative Sommers.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1806 Prime Sponsor, Representative Bray: Changing regulation and licensure of well contractors and operators. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill by Committee on Environmental Affairs be substituted therefor and the substitute bill with the following amendment by Committee on Revenue:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 18.104.010 and 1971 ex.s. c 212 s 1 are each amended to read as follows:

The legislature declares that the drilling, making or constructing of ((water)) wells ((using the ground water resources)) within the state is a business and activity of vital interest to the public. In order to protect the public health, welfare, and safety of the people it is necessary that provision be made for the regulation and licensing of ((water)) well contractors and operators and for the regulation of ((water)) well design and construction.

Sec. 2. RCW 18.104.020 and 1983 1st ex.s. c 27 s 14 are each amended to read as follows:

The definitions set forth in this section apply throughout this chapter, unless a different meaning is plainly required by the context.

(1) "Abandoned well" means a well that is unused, unmaintained, and is in such disrepair as to be unusable.

(2) "Constructing a well" or "construct a well" means ((and includes)):

(a) Boring, digging, drilling, or excavating ((and)) a well;

(b) Installing casing, sheeting, lining, or well screens, ((whether in the installation of a new well or)) in a well; or

"Constructing a well" or "construct a well" includes the alteration of an existing well.

(((2))) (3) "Decommission" means to fill or plug a well so that it will not produce water, serve as a channel for movement of water or pollution, or allow the entry of pollutants into the well or aquifers.

(4) "Department" means the department of ecology.

(((3))) (5) "Dewatering well" means a cased or lined excavation or boring that is intended to withdraw or divert ground water for the purpose of facilitating construction, stabilizing a landslide, or protecting an aquifer.

(6) "Director" means the director of the department of ecology.

(((4))) (7) "Geotechnical soil boring" or "boring" means an uncased well drilled for purpose of obtaining soil samples to ascertain structural properties of the subsurface. Geotechnical soil boring includes auger borings, rotary borings, cone penetrometer probes and vane shear probes, or any other uncased ground penetration for geotechnical information.

(8) "Ground water" means and includes ground waters as defined in RCW 90.44.035((, as now or hereafter amended)).

(((5))) (9) "Instrumentation well" means a well in which pneumatic or electric geotechnical or hydrological instrumentation is permanently or periodically installed to measure or monitor subsurface strength and movement. Instrumentation well includes borehole extensometers, slope indicators, pneumatic or electric pore pressure transducers, and load cells.

(10) "Monitoring well" means a well designed to obtain a representative ground water sample or designed to measure the water level elevation in either clean or contaminated water or soil.

(11) "Observation well" means a well designed to measure the depth to the water level elevation in either clean or contaminated water or soil.

(12) "Operator" means ((any)) a person((, other than a person exempted by RCW 18.104.180,)) who (a) is employed by a ((water)) well contractor ((for the control and supervision of the)); (b) is licensed under this chapter; or (c) who controls, supervises, or oversees the construction of a ((water)) well ((or for the operation of water)) or who operates well construction equipment.

(((6))) (13) "Owner" or "well owner" means the person, firm, partnership, copartnership, corporation association, or other entity who owns the property on which the well is or will be constructed.

(14) "Pollution" and "contamination" have the meanings provided in RCW 90.48.020.

(15) "Resource protection well" means a cased boring used to determine the existence or migration of pollutants within an underground formation. Resource protection wells include monitoring wells, observation wells, piezometers, spill response wells, vapor extraction wells, and instrumentation wells.

(16) "Resource protection well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing resource protection wells or geotechnical soil borings.

(17) "Water well" means ((and includes)) any excavation that is ((drilled, cored, bored, washed, driven, dug, jetted, or otherwise)) constructed when the intended use of the well is for the location, diversion, artificial recharge, observation, monitoring, dewatering, or withdrawal of ground water. (("Water well" does not mean an excavation made for the purpose of obtaining or prospecting for oil, natural gas, minerals, or products of mining, or quarrying, or for inserting media to repressure oil or natural gas bearing formations, or for storing petroleum, natural gas, or other products.

(7))) (18) "Water well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing water wells.

(19) "Well" means water wells, resource protection wells, instrumentation wells, dewatering wells, and geotechnical soil borings. Well does not mean an excavation made for the purpose of obtaining or prospecting for oil, natural gas, geothermal resources, minerals, or products of mining, or quarrying, or for inserting media to repressure oil or natural gas bearing formations, or for storing petroleum, natural gas, or other products.

(20) "Well contractor" means a resource protection well contractor and a water well contractor.

Sec. 3. RCW 18.104.030 and 1971 ex.s. c 212 s 3 are each amended to read as follows:

It is unlawful:

(1) For any ((water well contractor)) person to supervise, construct, alter, or decommission a ((water)) well ((for compensation)) without complying with the ((licensing)) provisions of this chapter((;

(2) For any water well contractor to construct a water well for compensation without complying with)) and the rules ((and regulations)) for ((water)) well construction adopted pursuant to this chapter;

(((3) For any water well construction operator to supervise the construction of a water well without having an operators license as provided in this chapter)) (2) For any person to cause a well to be constructed in violation of the standards for well construction established by this chapter and rules adopted by the department pursuant to this chapter;

(3) For a prospective water well owner to have a water well constructed without first obtaining a water right permit, if a permit is required;

(4) For any person to construct, alter, or decommission a well unless the fees required by section 9 of this act have been paid;

(5) For a person to tamper with or remove a well identification tag except during well alteration; and

(6) Except as provided in RCW 18.104.180, for any person to contract to engage in the construction of a well or to act as a well operator without first obtaining a license pursuant to this chapter.

Sec. 4. RCW 18.104.040 and 1991 c 3 s 249 are each amended to read as follows:

The department shall have the power:

(1) To issue, deny, suspend or revoke licenses pursuant to the provisions of this chapter;

(2) At all reasonable times, to enter upon lands for the purpose of inspecting, taking measurements from, or tagging any ((water)) well, ((drilled or being drilled, at all reasonable times)) constructed or being constructed;

(3) To call upon or receive professional or technical advice from ((any)) the department of health, the technical advisory group created in section 25 of this act, or any other public agency or ((any)) person;

(4) To ((make such)) adopt rules, in consultation with the department of health and the technical advisory group created in section 25 of this act, governing licensing ((hereunder)) and ((water)) well construction as may be appropriate to carry out the purposes of this chapter. ((Without limiting the generality of the foregoing,)) The rules adopted by the department may ((in cooperation with the department of health make rules regarding)) include, but are not limited to:

(a) Standards for the construction and maintenance of ((water)) wells and their casings;

(b) Methods of capping, sealing ((artesian)), and decommissioning wells ((and water wells to be abandoned or which may contaminate other)) to prevent contamination of ground water resources and to protect public health and safety;

(c) Methods of artificial recharge of ground water bodies and of construction of wells which insure separation of individual water bearing formations;

(d) The manner of conducting and the content of examinations required to be taken by applicants for license hereunder;

(e) Requirements for the filing of notices of intent, well reports, and the payment of fees;

(f) Reporting requirements of ((water)) well contractors;

(((f))) (g) Limitations on ((water)) well construction in areas identified by the department as requiring intensive control of withdrawals in the interests of sound management of the ground water resource;

(5) To require the operator in the construction of a well and the property owner in the maintenance of a well to guard against waste and contamination of the ground water resources;

(6) To require the operator to place a well identification tag on a new well and on an existing well on which work is performed after the effective date of rules requiring well identification tags and to place or require the owner to place a well identification tag on an existing well;

(7) To require the well owner to repair or decommission any well:

(a) That is abandoned, unusable, or not intended for future use; or

(b) That is an environmental, safety, or public health hazard.

Sec. 5. RCW 18.104.043 and 1992 c 67 s 2 are each amended to read as follows:

(1) If requested in writing by the governing body of a local health district or county, the department by memorandum of agreement may delegate to the governing body the authority to administer and enforce the well tagging, sealing, and decommissioning portions of the water well construction program.

(2) The department shall determine whether a local health district or county that seeks delegation under this section has the resources, capability, and expertise, including qualified field inspectors, to administer the delegated program. If the department determines the local government has these resources, it shall notify ((drilling)) well contractors, consultants, and operators of the proposal. The department shall accept written comments on the proposal for sixty days after the notice is mailed.

(3) If the department determines that a delegation of authority to a local health district or county to administer and enforce the well sealing and decommissioning portions of the water well construction program will enhance the public health and safety and the environment, the department and the local governing body may enter into a memorandum of agreement setting forth the specific authorities delegated by the department to the local governing body. The memorandum of agreement shall provide for an initial review of the delegation within one year and for periodic review thereafter.

(4) The local governing body shall exercise any authority delegated under this section in accordance with this chapter, other applicable laws, the memorandum of agreement, and applicable ordinances. If, after a public hearing, the department determines that a local governing body is not administering the program in accordance with this chapter, it shall notify the local governing body of the deficiencies. If corrective action is not taken within a reasonable time, not to exceed sixty days, the department by order shall withdraw the delegation of authority.

(5) The department shall promptly furnish the local governing body with a copy of each water well report and notification of start cards received in the area covered by a delegated program.

(6) The department and the local governing body shall coordinate to reduce duplication of effort and shall share all appropriate information including technical reports, violations, and well reports.

(7) Any person aggrieved by a decision of a local health district or county under a delegated program may appeal the decision to the department. The department's decision is subject to review by the pollution control hearings board as provided in RCW ((18.104.130)) 43.21B.110.

(8) The department shall not delegate the authority to license ((water)) well contractors, renew licenses, receive notices of intent to commence ((drilling)) constructing a well, receive well reports, or collect state fees provided for in this chapter.

Sec. 6. RCW 18.104.048 and 1987 c 394 s 3 are each amended to read as follows:

((To enable the department to monitor the construction, reconstruction, and abandonment of water wells more efficiently and effectively, water well contractors)) A property owner or the owner's agent shall ((provide notification to)) notify the department of ((their)) his or her intent to begin well construction, reconstruction, or ((abandonment)) decommissioning procedures at least seventy-two hours in advance of commencing work. The ((notification)) notice shall be submitted on forms provided by the department and shall be accompanied by the fees required by section 9 of this act. The notice shall contain the name of the owner of the well, location of the well, proposed use, approximate start date, ((driller's)) well contractor's or operator's name and license number, ((drilling)) company's name, and other pertinent information as prescribed by rule of the department. Rules of the department shall also provide for prior telephonic notification by well ((drillers)) contractors or operators in exceptional situations. The department shall issue a receipt indicating that the notice required by this section has been filed and the fees required by section 9 of this act have been paid not later than three business days after the department has received the notice and fees.

NEW SECTION. Sec. 7. A new section is added to chapter 18.104 RCW to read as follows:

The department by rule shall adopt procedures to permit a well operator to modify construction standards to meet unforeseen circumstances encountered during the construction of a well. The procedures shall be developed in consultation with the technical advisory group established in section 25 of this act.

Sec. 8. RCW 18.104.050 and 1971 ex.s. c 212 s 5 are each amended to read as follows:

((In order to enable the state to protect the welfare, health and safety of its citizens, any water)) (1) A well contractor shall furnish a ((water)) well report to the director within thirty days after the completion of the construction or alteration of a well by ((him of any water well)) the contractor. The director, by ((regulation)) rule, shall prescribe the form of the report and the information to be contained therein.

(2) In the case of a dewatering well project:

(a) A single well construction report may be submitted for all similar dewatering wells constructed with no significant change in geologic formation; and

(b) A single well decommissioning report may be submitted for all similar dewatering wells decommissioned that have no significant change in geologic formation.

NEW SECTION. Sec. 9. A new section is added to chapter 18.104 RCW to read as follows:

(1) A fee is hereby imposed on each well constructed in this state on or after July 1, 1993.

(2)(a) The fee for one new water well, other than a dewatering well, with a minimum top casing diameter of less than twelve inches is one hundred dollars.

(b) The fee for one new water well, other than a dewatering well, with a minimum top casing diameter of twelve inches or greater is two hundred dollars.

(d) The combined fee for construction and decommissioning of a dewatering well system shall be forty dollars for each two hundred horizontal lineal feet, or portion thereof, of the dewatering well system.

(3) The fees imposed by this section shall be paid at the time the notice of well construction is submitted to the department as provided by RCW 18.104.048. The department by rule may adopt procedures to permit the fees required for resource protection wells to be paid after the number of wells actually constructed has been determined. The department shall refund the amount of any fees collected for any wells on which construction is not started.

Sec. 10. RCW 18.104.060 and 1971 ex.s. c 212 s 6 are each amended to read as follows:

Notwithstanding and in addition to any other powers granted to the department, whenever it appears to the director, or to an assistant authorized by the director to issue regulatory orders under this section, that a person is violating or is about to violate any of the provisions of this chapter, the director, or ((his)) the director's authorized assistant, may cause a written regulatory order to be served upon said person either personally, or by registered or certified mail delivered to the addressee only with return receipt requested and acknowledged by him or her. The order shall specify the provision of this chapter, and if applicable, the rule ((or regulation)) adopted pursuant to this chapter alleged to be or about to be violated, and the facts upon which the conclusion of violating or potential violation is based, and shall order the act constituting the violation or the potential violation to cease and desist or, in appropriate cases, shall order necessary corrective action to be taken with regard to such acts within a specific and reasonable time. ((A regulatory)) An order issued ((hereunder)) under this chapter shall become effective immediately upon receipt by the person to whom the order is directed, and shall become final unless review thereof is requested as provided in this chapter.

NEW SECTION. Sec. 11. A new section is added to chapter 18.104 RCW to read as follows:

(1) The department may order a well contractor or well operator to repair, alter, or decommission a well if the department demonstrates that the construction of the well did not meet the standards for well construction in effect at the time construction of the well was completed.

(2) The department may not issue an order pursuant to this section:

(a) For wells for which construction has been substantially completed before July 1, 1993, more than six years after construction has been substantially completed; or

(b) For wells for which construction has been substantially completed on or after July 1, 1993, more than three years after construction has been substantially completed.

For purposes of this subsection, "construction has been substantially completed" has the same meaning as "substantial completion of construction" in RCW 4.16.310.

(3) Subsection (2) of this section shall only apply to a well for which the notice of construction required by RCW 18.104.048 and the report required by RCW 18.104.050 have been filed with the department.

Sec. 12. RCW 18.104.070 and 1987 c 394 s 2 are each amended to read as follows:

((Except as provided in RCW 18.104.180, no person may contract to engage in the construction of a water well and no person may act as an operator without first obtaining a license by applying to the department.))

A person shall be qualified to receive a water well ((construction)) operator's license if ((he)) the person:

(1) Has ((made)) submitted a completed application ((therefor)) to the department on forms provided by the department and has paid to the department ((an)) the application fee ((of twenty-five dollars)) determined by rule adopted pursuant to this chapter; and

(2) Has ((at least two years of field experience with a licensed well driller or one year of field experience and an equivalent of at least one school year of qualifying educational training that satisfies the criteria established by department rule)) the field experience and educational training required by rule adopted by the department pursuant to this chapter; and

(3) Has passed a written examination as provided for in RCW 18.104.080((: PROVIDED, That should any applicant establish his illiteracy to the satisfaction of the department, such applicant shall be entitled to an oral examination in lieu of the written examination authorized herein)); and

(4) Has passed an on-site examination by the department if the person's qualifying field experience under subsection (2) of this section is from another state. The department may waive the on-site examination.

NEW SECTION. Sec. 13. A new section is added to chapter 18.104 RCW to read as follows:

The department may issue a water well construction operator's training license if the person:

(1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter;

(2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;

(3) Has passed a written examination as provided for in RCW 18.104.080;

(4) Has passed an on-site examination by the department; and

(5) Presents a statement by a person licensed under this chapter, other than a trainee, signed under penalty of perjury as provided in RCW 9A.72.085, verifying that the applicant has the field experience required by rules adopted pursuant to this chapter and assuming liability for any and all well construction activities of the person seeking the training license.

A person with a water well construction operator's training license may operate a drilling rig without the direct supervision of a licensed operator if a licensed operator is available by radio, telephone, or other means of communication.

NEW SECTION. Sec. 14. A new section is added to chapter 18.104 RCW to read as follows:

A person shall be qualified to receive a resource protection well operator's license if the person:

(1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter;

(2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;

(3) Has passed a written examination as provided for in RCW 18.104.080. This requirement shall not apply to a person who passed the written examination to obtain a resource protection well construction operator's training license; and

(4) Has passed an on-site examination by the department if the person's qualifying field experience is from another state. The department may waive the on-site examination.

A person with a license issued pursuant to this chapter before the effective date of this section may obtain a resource protection well construction operator's license by paying the application fee determined by rule adopted by the department pursuant to this chapter and submitting evidence required by the department to demonstrate that the person has the required experience to construct resource protection wells.

NEW SECTION. Sec. 15. A new section is added to chapter 18.104 RCW to read as follows:

The department may issue a resource protection well operator's training license if the person:

(1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter;

(2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;

(3) Has passed a written examination as provided for in RCW 18.104.080;

(4) Has passed an on-site examination by the department; and

A person with a resource protection well construction operator's training license may operate a drilling rig without direct supervision of a licensed operator if a licensed operator is accessible by radio, telephone, or other means of communication.

Sec. 16. RCW 18.104.080 and 1991 c 3 s 250 are each amended to read as follows:

The examination((, which is made a prerequisite for obtaining a license hereunder,)) for a license issued pursuant to this chapter shall be prepared to test knowledge and understanding of at least the following subjects:

(1) Washington ground water laws as they relate to well construction;

(2) Sanitary standards for ((water)) well drilling and construction of ((water)) wells;

(3) Types of ((water)) well construction;

(4) Drilling tools and equipment;

(5) Underground geology as it relates to ((water)) well construction; and

(6) Rules of the department and the department of health relating to ((water)) well construction.

Examinations shall be held at such times and places as may be determined by the department but not later than thirty days after an applicant has filed a completed application with the department. The department shall make a determination of the applicant's qualifications for a license within ten days after the examination.

Sec. 17. RCW 18.104.100 and 1971 ex.s. c 212 s 10 are each amended to read as follows:

((The term for the effectiveness of any license)) (1) Licenses issued pursuant to this chapter shall be ((one)) renewed every two years((, commencing on the date the license is issued)). ((Every)) A license shall be renewed ((annually)) upon payment of a renewal fee ((of ten dollars)) and completion of continuing education required by rule adopted by the department. If a licensee fails to submit an application for renewal, ((together with)) the renewal fee, ((before the end of the effective term of his license, his license shall be suspended for thirty days on notice by the director. If his renewal fee is paid prior to the end of said suspension period, the suspension shall automatically terminate. If during the period of suspension renewal is not completed, his license shall be revoked: PROVIDED, That the director shall give the licensee ten days notice prior to the revocation of any license for failure to renew)) and proof of completion of the required continuing education, the license shall expire at the end of its effective term.

(2) A person whose license ((is revoked under this section and who thereafter desires to engage in the supervision of construction of water wells)) has expired must ((make application)) apply for a new license ((and pay twenty-five dollars)) as provided in ((RCW 18.104.070)) this chapter. The department may waive the requirement for a written examination and on-site testing for a person whose license has expired.

(3) The department may refuse to renew a license if the licensee has not complied with an order issued by the department or has not paid a penalty imposed in accordance with this chapter, unless the order or penalty is under appeal.

(4) The department may issue a conditional license to enable a former licensee to comply with an order to correct problems with a well.

Sec. 18. RCW 18.104.110 and 1991 c 3 s 251 are each amended to read as follows:

In cases other than those relating to the failure of a licensee to renew a license, ((any license issued hereunder may be suspended or revoked by)) the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:

(1) For fraud or deception in obtaining the license;

(2) For fraud or deception in reporting under RCW 18.104.050;

(3) For violating the provisions of this chapter, or of any lawful rule or regulation of the department or the department of health.

No license shall be suspended for more than six months. No person whose license is revoked shall be eligible to apply for a license for one year from the effective date of the final order of revocation.

Sec. 19. RCW 18.104.120 and 1983 c 93 s 1 are each amended to read as follows:

Any person with an economic or noneconomic interest may make a complaint against any ((water)) well contractor or operator for violating this chapter or any regulations under it to the department of ecology. The complaint shall be in writing, signed by the complainant, and specify the grievances against the licensee. The department shall respond to the complaint by issuance of an order it deems appropriate. Review of the order shall be subject to the hearings procedures set forth in RCW 18.104.130.

Sec. 20. RCW 18.104.150 and 1971 ex.s. c 212 s 15 are each amended to read as follows:

((All receipts realized in the administration of this chapter shall be paid into the general fund.)) (1) All fees paid under this chapter shall be credited by the state treasurer to the reclamation account established by chapter 89.16 RCW. Subject to legislative appropriation, the fees collected under this chapter shall be allocated and expended by the director for the administration of the well construction, well operators' licensing, and education programs.

(2) The department shall provide grants to local governing entities that have been delegated portions of the well construction program pursuant to RCW 18.104.043 to assist in supporting well inspectors hired by the local governing body. Grants provided to a local governing body shall not exceed the revenues generated from fees for the portion of the program delegated and from the area in which authority is delegated to the local governing body.

Sec. 21. RCW 18.104.155 and 1987 c 394 s 1 are each amended to read as follows:

(1) The department of ecology may ((levy)) assess a civil penalty ((of up to one hundred dollars per day)) for a violation of this chapter or rules or orders of the department adopted or issued pursuant to it. ((Procedures of RCW 90.48.144 shall be applicable to all phases of levying of such a penalty as well as review and appeal of them))

(2) There shall be three categories of violations: Minor, serious, and major.

(a) A minor violation is a violation that does not seriously threaten public health, safety, and the environment. Minor violations include, but are not limited to:

(i) Failure to submit completed start cards and well reports within the required time;

(ii) Failure to submit variance requests before construction;

(iii) Failure to submit well construction fees;

(iv) Failure to place a well identification tag on a new well; and

(v) Minor or reparable construction problems.

(b) A serious violation is a violation that poses a critical or serious threat to public health, safety, and the environment. Serious violations include, but are not limited to:

(i) Improper well construction;

(ii) Intentional and improper location or siting of a well;

(iii) Construction of a well without a required permit;

(iv) Violation of decommissioning requirements;

(v) Repeated minor violations; or

(vi) Construction of a well by a person whose license has expired or has been suspended for not more than ninety days.

(i) Without a license; or

(ii) After the person's license has been suspended for more than ninety days or revoked.

(3)(a) The penalty for a minor violation shall be not less than one hundred dollars and not more than five hundred dollars. Before the imposition of a penalty for a minor violation, the department may issue an order of noncompliance to provide an opportunity for mitigation or compliance.

(b) The penalty for a serious violation shall be not less than five hundred dollars and not more than five thousand dollars.

(c) The penalty for a major violation shall be not less than five thousand dollars and not more than ten thousand dollars.

(4) In determining the appropriate penalty under subsection (3) of this section the department shall consider whether the person:

(a) Has demonstrated a general disregard for public health and safety through the number and magnitude of the violations;

(b) Has demonstrated a disregard for the well construction laws or rules in repeated or continuous violations; or

(5) Penalties provided for in this section shall be imposed pursuant to RCW 43.21B.300. The department shall provide thirty days written notice of a violation as provided in RCW 43.21B.300(3).

(6) For ((each notice regarding)) informational purposes, a copy of the notice of violation, resulting from the improper construction of a well, that is sent to a water well contractor or water well construction operator, ((the department shall send a copy of the notice for information purposes only to the owner of the land on which the improperly constructed well is located)) shall also be sent by the department to the well owner.

(7) Penalties collected by the department pursuant to this section shall be deposited in the reclamation account established by chapter 89.16 RCW. Subject to legislative appropriation, the penalties may be spent only for purposes related to the restoration and enhancement of ground water resources in the state.

Sec. 22. RCW 43.21B.110 and 1992 c 174 s 13 and 1992 c 73 s 1 are each reenacted and amended to read as follows:

(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, the administrator of the office of marine safety, and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, or local health departments:

(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330.

(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, and 90.48.120.

(c) The issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, or the modification of the conditions or the terms of a waste disposal permit.

(d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.

(e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.

(f) Any other decision by the department, the administrator of the office of marine safety, or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

(2) The following hearings shall not be conducted by the hearings board:

(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.

(b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.

(c) Proceedings by the department relating to general adjudications of water rights pursuant to chapter 90.03 or 90.44 RCW.

(d) Hearings conducted by the department to adopt, modify, or repeal rules.

(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW.

Sec. 23. RCW 43.21B.300 and 1992 c 73 s 2 are each amended to read as follows:

(1) Any civil penalty provided in RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330 shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department, the administrator of the office of marine safety, or the local air authority, describing the violation with reasonable particularity. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department, the administrator, or the authority for the remission or mitigation of the penalty. Upon receipt of the application, the department, the administrator, or authority may remit or mitigate the penalty upon whatever terms the department, the administrator, or the authority in its discretion deems proper. The department or the authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

(2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department, the administrator, or authority thirty days after receipt by the person penalized of the notice imposing the penalty or thirty days after receipt of the notice of disposition of the application for relief from penalty.

(3) A penalty shall become due and payable on the later of:

(a) Thirty days after receipt of the notice imposing the penalty;

(b) Thirty days after receipt of the notice of disposition on application for relief from penalty, if such an application is made; or

(4) If the amount of any penalty is not paid to the department or the administrator within thirty days after it becomes due and payable, the attorney general, upon request of the department or the administrator, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty. If the amount of the penalty is not paid to the authority within thirty days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.

(5) All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW 18.104.155, which shall be credited to the reclamation account as provided in RCW 18.104.155(7), RCW 70.94.431, the disposition of which shall be governed by that provision, RCW 70.105.080, which shall be credited to the hazardous waste control and elimination account, created by RCW 70.105.180, and RCW 90.56.330, which shall be credited to the coastal protection fund created by RCW 90.48.390.

Sec. 24. RCW 18.104.180 and 1971 ex.s. c 212 s 18 are each amended to read as follows:

No license ((hereunder)) under this chapter shall be required of:

(1) Any individual who personally ((drills)) constructs a well on land which is owned or leased by ((him)) the individual or in which ((he)) the individual has a beneficial interest as a contract purchaser and is used by the individual for farm or ((noncommercial domestic)) single-family residential use only. An individual who constructs a well without a license pursuant to this subsection shall comply with all other requirements of this chapter and rules adopted by the department, including but not limited to, well construction standards, payment of well construction fees, and notification of well construction required by RCW 18.104.048. An individual without a license may construct not more than one well every two years pursuant to the provisions of this subsection.

(2) ((Any)) An individual who performs labor or services for a ((water)) well contractor in connection with the ((drilling)) construction of a well at the direction and under the supervision and control of a licensed operator who is present at the construction site.

(3) A person licensed under the provisions of chapter 18.08 or 18.43 RCW if in the performance of duties covered by those licenses.

NEW SECTION. Sec. 25. A new section is added to chapter 18.104 RCW to read as follows:

(1) For the purpose of carrying out the provisions of this chapter, the director shall appoint a technical advisory group, chaired by the department. The technical advisory group shall have twelve members: Two members shall represent the department of ecology, six members shall represent resource protection well contractors or water well contractors, one member shall represent the department of health, one member shall represent local health departments, one member shall represent licensed professional engineers, and one member shall be a scientist knowledgeable in the design and construction of wells.

(2) The technical advisory group shall assist the department in the development and revision of rules; the preparation and revision of licensing examinations; the development of training criteria for inspectors, well contractors, and well operators; and the review of proposed changes to the minimum standards for construction and maintenance of wells by local governments for the purpose of achieving continuity with technology and state rules.

(3) The group shall meet at least twice each year to review rules and suggest any necessary changes.

(4) Each member of the group shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses while engaged in the business of the group as prescribed in RCW 43.03.050 and 43.03.060.

Sec. 26. RCW 18.104.900 and 1971 ex.s. c 212 s 19 are each amended to read as follows:

This chapter shall be known and may be cited as the "Washington ((Water)) well construction act(("))."

Sec. 27. RCW 89.16.055 and 1981 c 216 s 1 are each amended to read as follows:

In addition to the powers provided in RCW 89.16.050, the department of ecology is authorized and empowered to:

(1) Conduct surveys, studies, investigations, and water right examinations for proposed reclamation projects or the rehabilitation of existing reclamation projects that may be funded fully or partially from the receipts of the sale of bonds issued by the state of Washington.

(2) Support the preparation for and administration of proceedings, provided in RCW 90.03.110 or 90.44.220, or both, pertaining to river systems or other water bodies that are associated with existing or proposed reclamation projects.

(3) Conduct a regulatory program for well construction as provided in chapter 18.104 RCW.

Funds of the account established by RCW 89.16.020 may, as appropriated by the legislature, be used in relation to the powers provided in this section, notwithstanding any other provisions of chapter 89.16 RCW that may be to the contrary.

NEW SECTION. Sec. 28. Section 5 of this act expires on June 30, 1996."

Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Leonard; Morris; Romero; Rust; Silver; Talcott; Thibaudeau; and Wang.

MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Minority Member, and Van Luven.

Excused: Representative Cothern.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1818 Prime Sponsor, Representative Karahalios: Providing for military dependent communities. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Linville; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

Excused: Representatives Lemmon, Leonard, Perry and Morton.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1862 Prime Sponsor, Representative Mastin: Permitting a special excise tax on hotel, motel, roominghouse, and trailer camp charges for a trade recreation agricultural center in Pasco. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Romero; Silver; Talcott; and Thibaudeau.

MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Ranking Minority Member; Morris; Rust; Van Luven; and Wang.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1871 Prime Sponsor, Representative Heavey: Regulating chiropractic care for industrial insurance. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Commerce & Labor be substituted therefor and the substitute bill with the following amendments by Committee on Appropriations:

On page 1, line 6, after "18.25 RCW" strike all material Through "prohibited" on line 9

On page 1, line 11, after "chapter 18.25 RCW" strike "must" and insert "may"

On page 1, line 16, after "department" strike "shall" and insert "may"

On page 2, line 8, after "treatments" strike all material through "reviewers" on line 20

On page 2, line 21, after "appoint an" strike all material through "director" on line 32 and insert "associate director for chiropractic. The associate director must be eligible to be licensed under chapter 18.25 RCW"

On page 3, line 2, after "representatives" strike "shall" and insert "may"

On page 3, line 3, after "and" strike "shall" and insert "may"

Signed by Representatives Locke, Chair; Valle, Vice Chair; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sehlin; Sommers; Stevens; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member and Sheahan.

Excused: Representatives Leonard, Morton and Talcott.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1946 Prime Sponsor, Representative Chappell: Clarifying definitions relating to farmers. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill by Committee on Agriculture & Rural Development be substituted therefor and the substitute bill with the following amendment by Committee on Revenue:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 82.04 RCW to read as follows:

(1) "Agricultural product" means any product of plant cultivation or animal husbandry including, but not limited to: A product of horticulture, grain cultivation, vermiculture, viticulture, or aquaculture as defined in RCW 15.85.020; plantation Christmas trees; turf; or any animal including but not limited to an animal that is a private sector cultured aquatic product as defined in RCW 15.85.020, or a bird, or insect, or the substances obtained from such an animal. "Agricultural product" does not include animals intended to be pets.

(2) "Farmer" means any person engaged in the business of growing or producing, upon the person's own lands or upon the lands in which the person has a present right of possession, any agricultural product whatsoever for sale. "Farmer" does not include a person using such products as ingredients in a manufacturing process, or a person growing or producing such products for the person's own consumption. "Farmer" does not include a person selling any animal or substance obtained therefrom in connection with the person's business of operating a stockyard or a slaughter or packing house. "Farmer" does not include any person in respect to the business of taking, cultivating, or raising timber. "Farmer" does not include any association of persons whatever, whether mutual, cooperative, or otherwise, engaging in any business activity with respect to which tax liability is imposed under the provisions of this chapter.

NEW SECTION. Sec. 2. A new section is added to chapter 82.08 RCW to read as follows:

The tax levied by RCW 82.08.020 shall not apply to sales of:

(1) Feed, seed, seedlings, fertilizer, and spray materials to persons who participate in the federal conservation reserve program or its successor administered by the United States department of agriculture with respect to land enrolled in that program, or to farmers for the purpose of producing for sale any agricultural product.

(2) Chemical sprays or washes to persons for the purpose of post harvest treatment of fruit for the prevention of scald, fungus, mold, or decay.

NEW SECTION. Sec. 3. A new section is added to chapter 82.12 RCW to read as follows:

The provisions of this chapter shall not apply in respect to the use of:

(1) Feed, seed, seedlings, fertilizer, and spray materials by persons who participate in the federal conservation reserve program or its successor administered by the United States department of agriculture with respect to land enrolled in that program, or by farmers for the purpose of producing for sale any agricultural product.

(2) Chemical sprays or washes by persons for the purpose of post harvest treatment of fruit for the prevention of scald, fungus, mold, or decay.

Sec. 4. RCW 82.04.050 and 1988 c 253 s 1 are each amended to read as follows:

(1) "Sale at retail" or "retail sale" means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers other than a sale to a person who (a) purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person, or (b) installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an ingredient or component of such real or personal property without intervening use by such person, or (c) purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale, or (d) purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon, or (e) purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a "sale at retail" or "retail sale" even though such property is resold or utilized as provided in (a), (b), (c), (d), or (e) above following such use. The term also means every sale of tangible personal property to persons engaged in any business which is taxable under RCW 82.04.280, subsections (2) and (7) and RCW 82.04.290.

(2) The term "sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following: (a) The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding charges made for the use of coin operated laundry facilities when such facilities are situated in an apartment house, hotel, motel, rooming house, trailer camp or tourist camp for the exclusive use of the tenants thereof, and also excluding sales of laundry service to members by nonprofit associations composed exclusively of nonprofit hospitals, and excluding services rendered in respect to live animals, birds and insects; (b) the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture; (c) the charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner; (d) the sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for purposes of this section the term "janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term "janitorial services" does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal or sandblasting; (e) the sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under chapter 82.16 RCW; (f) the sale of and charge made for the furnishing of lodging and all other services by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same; (g) the sale of or charge made for tangible personal property, labor and services to persons taxable under (a), (b), (c), (d), (e), and (f) above when such sales or charges are for property, labor and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property, labor and services may be resold after such use or consumption. Nothing contained in this paragraph shall be construed to modify the first paragraph of this section and nothing contained in the first paragraph of this section shall be construed to modify this paragraph.

(3) The term "sale at retail" or "retail sale" shall include the sale of or charge made for personal business or professional services including amounts designated as interest, rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities: (a) Amusement and recreation businesses including but not limited to golf, pool, billiards, skating, bowling, ski lifts and tows and others; (b) abstract, title insurance and escrow businesses; (c) credit bureau businesses; (d) automobile parking and storage garage businesses.

(4) The term shall also include the renting or leasing of tangible personal property to consumers.

(5) The term shall also include the providing of telephone service, as defined in RCW 82.04.065, to consumers.

(6) The term shall not include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind. ((The term shall also not include sales of feed, seed, seedlings, fertilizer, and spray materials to persons who participate in the federal conservation reserve program or its successor administered by the United States department of agriculture, or to persons for the purpose of producing for sale any agricultural product whatsoever, including plantation Christmas trees and milk, eggs, wool, fur, meat, honey, or other substances obtained from animals, birds, or insects but only when such production and subsequent sale are exempt from tax under RCW 82.04.330, nor shall it include sales of chemical sprays or washes to persons for the purpose of post-harvest treatment of fruit for the prevention of scald, fungus, mold, or decay.))

(7) The term shall not include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW, including the installing, or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation. Nor shall the term include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority.

Sec. 5. RCW 82.04.330 and 1988 c 253 s 2 are each amended to read as follows:

This chapter shall not apply to any ((person in respect to the business of growing or producing for sale upon the person's own lands or upon land in which the person has a present right of possession, any agricultural or horticultural produce or crop, or of raising upon the person's own lands or upon land in which the person has a present right of possession, any plantation Christmas tree or any animal, bird, fish, or insect, or the milk, eggs, wool, fur, meat, honey, or other substance obtained therefrom, or in respect to the sale of such products)) farmer that sells any agricultural product at wholesale ((by such grower, producer, or raiser thereof)). This exemption shall not apply to any person selling such products at retail ((or using such products as ingredients in a manufacturing process; nor to the sale of any animal or substance obtained therefrom by a person in connection with the person's business of operating a stockyard or a slaughter or packing house; nor to any person in respect to the business of taking, cultivating, or raising timber; nor to any association of persons whatever, whether mutual, cooperative or otherwise, engaging in any business activity with respect to which tax liability is imposed under the provisions of this chapter. As used in this section, "fish" means fish which are cultivated or raised entirely within confined rearing areas on the person's own land or on land in which the person has a present right of possession)).

This chapter shall also not apply to any persons who participate in the federal conservation reserve program or its successor administered by the United States department of agriculture with respect to land enrolled in that program.

NEW SECTION. Sec. 6. 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 shall take effect immediately."

Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven; and Wang.

Excused: Representative Morris.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1949 Prime Sponsor, Representative Morris: Prohibiting tax exempt nonprofit organizations from political activity. Reported by Committee on Revenue

MINORITY recommendation: Do not pass. Signed by Representatives Talcott and Van Luven.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 1986 Prime Sponsor, Representative Wineberry: Facilitating neighborhood reinvestment. Reported by Committee on Revenue

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) Neighborhoods are a powerful indicator of the diversity and health of the state;

(b) There are geographic areas within communities that are characterized by a lack of employment opportunities and high unemployment, by an average income level that is below the median income level for the surrounding community, by a lack of affordable housing, by deteriorating infrastructure, and by a lack of facilities for community services, job training, and education;

(c) Strategies to encourage reinvestment in these neighborhoods by assisting local businesses to become stronger and neighborhood residents to gain economic power involve a variety of activities;

(d) Reinvestment in these neighborhoods cannot be accomplished with only governmental resources and requires a comprehensive approach that integrates various incentives, initiatives, and programs to meet the economic, physical, and social needs of the neighborhood;

(e) Successful neighborhood reinvestment depends on a local government's ability to coordinate public resources in a cohesive strategy designed to leverage long-term private investment;

(f) Neighborhood reinvestment can strengthen the overall community tax base through increased taxes realized from the establishment of new business and physical property improvements;

(g) Local governments, in cooperation with neighborhood residents, can provide leadership as well as planning and coordination of resources and necessary services to address reinvestment in neighborhoods; and

(h) It is in the public interest to adopt a targeted approach to neighborhood reinvestment and enlist the resources of the public and private sectors, and neighborhood groups to revitalize neighborhoods.

(2) The legislature declares that the purposes of the neighborhood reinvestment act are to:

(a) Encourage neighborhood reinvestment through strong partnerships and cooperation between all levels of government, community-based organizations, neighborhood residents, and the private sector;

(b) Involve and educate the private sector and stimulate private reinvestment through the judicious use of public resources;

(d) Include neighborhood individuals and organizations in the policy-making process.

PART I -- GENERAL PROVISIONS AND POLICIES

NEW SECTION. Sec. 101. (1) It is the goal of the state of Washington to create an environment that fosters economic reinvestment and empowerment of neighborhood residents through public and private sectors, and neighborhood efforts. The legislature declares that attainment of that goal is a state priority.

(2) The objectives of the neighborhood reinvestment act are to attain the state's goal of economic reinvestment and empowerment of neighborhood residents by working with the public and private sectors, and neighborhood residents to:

(a) Develop local comprehensive neighborhood reinvestment strategies that reflect the diverse elements of the neighborhood;

(b) Expand homeownership and rental housing opportunities;

(d) Link housing and supportive services;

(e) Revitalize the physical infrastructure;

(f) Develop new private investment in the neighborhood; and

(g) Stimulate neighborhood business development and retention.

NEW SECTION. Sec. 102. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Affordable housing" means residential housing that is rented or owned by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed thirty percent of the household's monthly income.

(2) "Business firm" means any incorporated or unincorporated business entity authorized to do business in the state of Washington and subject to the state's business and occupation taxes levied in chapter 82.04 RCW.

(3) "Community service" means any type of counseling and advice, emergency assistance, or medical care furnished to individuals or groups in a designated neighborhood reinvestment area.

(4) "Crime prevention" means any activity that aids in the reduction of crime in a designated neighborhood reinvestment area.

(5) "Designated neighborhood reinvestment area" means a geographic area within the boundaries of a local government that meets the requirements of section 104 of this act and is so designated by the director of the department of community development.

(6) "Education" means any type of scholastic instruction or scholarship assistance to any person who resides in a designated neighborhood reinvestment area that enable that person to prepare for better employment opportunities.

(7) "Housing assistance" means any activity that aids in the acquisition, preservation, rehabilitation, or construction of affordable housing within a designated neighborhood reinvestment area.

(8) "Job training" means any type of instruction to any person who resides in a designated neighborhood reinvestment area that enable that person to acquire vocational skills to become employable or seek a higher grade of employment.

(9) "Local government" means a city, town, or county.

(10) "Neighborhood assistance" means furnishing financial assistance, labor, material, or technical assistance to aid in the provision of community services, crime prevention, education, job training, and housing assistance activities in a designated neighborhood reinvestment area.

(11) "Nonprofit organization" means any public or private nonprofit organization that: (a) Is organized under federal, state, or local laws; (b) has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; and (c) has among its purposes significant activities related to neighborhood assistance activities in designated neighborhood reinvestment areas. The term also includes public housing authorities created under chapter 35.82 RCW and public corporations created under chapter 35.21 RCW that are located in designated neighborhood reinvestment areas.

NEW SECTION. Sec. 103. (1) Any local government may apply to the director of the department of community development for designation of an area within the local government as a designated neighborhood reinvestment area.

(2) The application shall be in the form and manner and contain such information as the director of the department of community development may, by rule, determine, provided that the application for designation shall:

(a) Contain information sufficient for the director of the department of community development to determine if the criteria established in section 104 of this act have been met.

(b) Be submitted on behalf of the local government by its chief elected official, or, if none, by the governing body of the local government.

(c) Contain a five-year neighborhood reinvestment plan that describes the proposed designated neighborhood reinvestment area's community development needs and present a strategy for meeting those needs. The plan shall address the following categories: Housing needs; public infrastructure needs, such as transportation, water, sanitation, energy, and drainage/flood control; other public facilities needs, such as neighborhood facilities or facilities for provision of health, education, recreation, public safety, or other services; community economic development needs, such as commercial/industrial revitalization, job creation and retention considering the unemployment and underemployment of area residents, accessibility to financial resources by area residents and businesses, investment within the area, or other related components of community economic development; and social service needs.

The local government is required to provide a description of its strategy for meeting the needs identified in this subsection (2)(c). As part of the strategy, the local government is required to identify the needs for which specific plans are currently in place and the source of funds expected to be used. For the balance of the area's needs, the local government must identify the source of funds expected to become available during the next two-year period and actions the local government will take to acquire those funds.

(d) Certify that neighborhood residents were given the opportunity to participate in the development of the five-year neighborhood reinvestment strategy required under (c) of this subsection.

(3) No local government shall submit more than two neighborhoods to the director of the department of community development for possible designation as a designated neighborhood reinvestment area under this section.

(4)(a) Within ninety days after January 1, 1994, the director of the department of community development may designate up to six designated neighborhood reinvestment areas from among the applications eligible for designation as a designated neighborhood reinvestment area under this section. The director of the department of community development shall make determinations of designated neighborhood reinvestment areas on the basis of the following factors:

(i) The strength and quality of the local government commitments to meet the needs identified in the five-year neighborhood reinvestment plan required under this section.

(ii) The level of private commitments by private entities of additional resources and contribution to the designated neighborhood reinvestment area.

(iii) The potential for reinvestment in the area as a result of designation as a designated neighborhood reinvestment area.

(iv) Other factors the director of the department of community development deems necessary.

(b) The determination of the director of the department of community development as to the areas designated as neighborhood reinvestment areas shall be final.

NEW SECTION. Sec. 104. (1) The director of the department of community development may not designate any area as a designated neighborhood reinvestment area unless that area meets the following requirements:

(a) The area must be designated by the legislative authority of the local government as an area to receive federal, state, and local assistance designed to increase economic, physical, or social activity in the area;

(b) The area must have at least fifty-one percent of the households in the area with incomes at or below eighty percent of the county's median income, adjusted for household size;

(c) The average unemployment rate for the area, for the most recent twelve-month period for which data is available must be at least one hundred twenty percent of the average unemployment rate of the county; and

(d) A five-year neighborhood reinvestment plan for the area that meets the requirements of section 103(2)(c) of this act and as further defined by the director of the department of community development must be adopted.

(2) The director of the department of community development may establish, by rule, such other requirements as the director may reasonably determine necessary and appropriate to assure that the purposes of this section are satisfied.

(3) In determining if an area meets the requirements of this section, the director of the department of community development may consider data provided by the United State bureau of the census from the most recent census or any other reliable data that the director determines to be acceptable for the purposes for which the data is used.

PART II -- BUSINESS AND HOUSING TAX INCENTIVES

Subpart A - Business and Occupation Tax Credits for Contributions

NEW SECTION. Sec. 201. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 202 through 206 of this act.

(1) "Affordable housing" has the same meaning as in section 102 of this act.

(2) "Business firm" has the same meaning as in section 102 of this act.

(3) "Community service" has the same meaning as in section 102 of this act.

(4) "Crime prevention" has the same meaning as in section 102 of this act.

(5) "Designed neighborhood reinvestment area" has the same meaning as in section 102 of this act.

(6) "Education" has the same meaning as in section 102 of this act.

(7) "Housing assistance" has the same meaning as in section 102 of this act.

(8) "Job training" has the same meaning as in section 102 of this act.

(9) "Neighborhood assistance" has the same meaning as in section 102 of this act.

(10) "Nonprofit organization" has the same meaning as in section 102 of this act.

(11) "Recipient" means the person or business firm receiving tax credits under this chapter.

NEW SECTION. Sec. 202. The department shall establish a program to provide tax credits to business firms making contributions to nonprofit organizations that are undertaking neighborhood assistance activities in designated neighborhood reinvestment areas. The tax credit may be used as a credit against any of the taxes imposed on the business firm under this chapter.

NEW SECTION. Sec. 203. (1) Application for tax credit under this chapter must be made before the actual contribution to the neighborhood assistance activity is made. The application shall be made to the department of community development in a form and manner prescribed by the department of revenue and department of community development.

(2) The department of community development shall transmit a copy of the completed application for tax credits to the department of revenue, with its recommendations, within ten working days after receipt thereof. Within thirty days after receipt of the completed application from the department of community development, the department of revenue shall determine the amount of tax credits to be allocated to the business firm. The department of revenue shall notify the department of community development of its decision within ten working days.

(3) The department of revenue, in consultation with the department of community development, shall adopt rules specifying the administrative procedures applicable to applicants for tax credits, the form and manner in which the applications shall be filed, and the information to be contained therein. The rule shall apply to administrative procedure before the department of revenue and the department of community development.

NEW SECTION. Sec. 204. In order to qualify for the tax credits in section 202 of this act, the neighborhood assistance activity must meet the following requirements:

(1) The neighborhood assistance activity must be located in a designated neighborhood reinvestment area;

(2) The business firm's contribution must be made to a nonprofit organization that is undertaking neighborhood assistance activities that are consistent with the area's five-year neighborhood reinvestment strategy under section 103 of this act.

NEW SECTION. Sec. 205. (1) No tax credit under this chapter for neighborhood assistance activities may be issued after December 31, 2001.

(2) The department shall grant a credit against the tax due under this chapter of an amount equal to fifty percent of the approved amount contributed by the business firm for eligible neighborhood assistance activities in designated neighborhood reinvestment areas during the taxable year.

(3) Any tax credit not used during the taxable year in which the contribution was made may be carried forward for the five immediately succeeding taxable years until the full credit has been used.

(4) The department shall keep a running total of all tax credits granted under this chapter during each fiscal biennium. The department shall not allow any credits that would cause the total tabulation for a biennium to exceed one million dollars. If all or part of an application for credit is disallowed under this subsection, the disallowed portion shall be carried over for approval the next biennium.

(5) No tax credit shall be granted to any bank, bank and trust company, trust company, national bank, savings bank, savings association, or savings and loan association for activities that are a part of its normal course of business.

(6) No recipient is eligible for tax credits in excess of one hundred thousand dollars during the taxable year and no tax credit shall be granted to any business firm for any amount contributed of less than two hundred fifty dollars.

NEW SECTION. Sec. 206. Applications and any other information received by the department under sections 202 through 205 of this act shall not be confidential and shall be subject to disclosure.

Subpart B - Tax Incentives for the Preservation of Affordable Housing

NEW SECTION. Sec. 207. A new section is added to chapter 82.08 RCW to read as follows:

(1) The tax levied by RCW 82.08.020 shall not apply to the retail sale of building materials used in the remodeling, rehabilitation, or new construction of affordable housing or to the labor used to incorporate such building materials into real estate. As used in this section, "affordable housing" is as defined in section 102 of this act.

(2) In order to qualify for the exemption of retail sales tax on materials or labor under this section, the affordable housing must meet the following requirements:

(a) The affordable housing must be located in a designated neighborhood reinvestment area under section 103 of this act;

(b) The affordable housing development must be owned by an organization eligible to receive assistance through the Washington housing trust fund created in chapter 43.185 RCW;

(c) The affordable housing development must contain two or more residential rental dwelling units. Rental units used on a transient basis shall not be considered under this section; and

(d) At least fifty percent of the dwelling units must be set aside for occupancy by households with incomes at or below eighty percent of the median income, adjusted for household size, for the county where the dwelling unit is located for a period of at least twenty-five years.

(3) The department of revenue, in consultation with the department of community development, shall adopt rules specifying the administrative procedures applicable to applicants for exemption from retail sales tax on materials or labor, the form, manner, and time in which applications shall be filed, the information to be contained therein, and criteria for the approval or denial of requests for the exemption from retail sales tax on materials or labor under this chapter. The rules shall apply to both the department of revenue and the department of community development.

(4) The department of revenue shall grant an exemption from retail sales tax on materials or labor for affordable housing that is approved by the department of community development. The department of revenue shall keep a running total of exemptions granted under this section and section 208 of this act during each fiscal biennium. The department of revenue shall not allow any exemption that would cause the total tabulation for a biennium to exceed seven hundred fifty thousand dollars.

(5) This section shall expire January 1, 2002.

NEW SECTION. Sec. 208. A new section is added to chapter 82.12 RCW to read as follows:

(1) The provisions of this chapter shall not apply in respect to the use of building materials used in the remodeling, rehabilitation, or new construction of affordable housing or to the labor used to incorporate such building materials into real estate. As used in this section, "affordable housing" is as defined in section 102 of this act.

(2) In order to qualify for the exemption granted by this section, the affordable housing must meet the following requirements:

(a) The affordable housing must be located in a designated neighborhood reinvestment area under section 103 of this act;

(b) The affordable housing development must be owned by an organization eligible to receive assistance through the Washington housing trust fund created in chapter 43.185 RCW;

(c) The affordable housing development must contain two or more residential rental dwelling units. Rental units used on a transient basis shall not be considered under this section; and

(3) The department of revenue, in consultation with the department of community development, shall adopt rules specifying the administrative procedures applicable to applicants for the tax exemption under this section, the form, manner, and time in which applications shall be filed, the information to be contained therein, and criteria for the approval or denial of requests for the tax exemption under this chapter. The rules shall apply to both the department of revenue and the department of community development.

(4) This section shall expire January 1, 2002.

Subpart C - Tax Incentives for Business Development and Retention

Sec. 209. RCW 82.62.010 and 1988 c 42 s 17 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Applicant" means a person applying for a tax credit under this chapter.

(2) "Department" means the department of revenue.

(3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; ((or)) (b) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent((. Applications under this subsection (3)(b) shall be filed by April 30, 1989)); or (c) a designated neighborhood reinvestment area approved under section 103 of this act.

(4)(a) "Eligible business project" means manufacturing or research and development activities which are conducted by an applicant in an eligible area at a specific facility: PROVIDED, That the applicant's average full-time qualified employment positions at the specific facility will be at least fifteen percent greater in the year for which the credit is being sought than the applicant's average full-time qualified employment positions at the same facility in the immediately preceding year.

(b) "Eligible business project" does not include any portion of a business project undertaken by a light and power business as defined in RCW 82.16.010(5) or that portion of a business project creating qualified full-time employment positions outside an eligible area or those recipients of a sales tax deferral under chapter 82.61 RCW.

(5) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.

(6) "Person" has the meaning given in RCW 82.04.030.

(7) "Qualified employment position" means a permanent full-time employee employed in the eligible business project during the entire tax year.

(8) "Tax year" means the calendar year in which taxes are due.

(9) "Recipient" means a person receiving tax credits under this chapter.

(10) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.

Sec. 210. RCW 82.62.040 and 1988 c 41 s 4 are each amended to read as follows:

RCW 82.62.020 and 82.62.030 shall expire ((July 1, 1994)) January 1, 2002.

Sec. 211. RCW 82.60.020 and 1988 c 42 s 16 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Applicant" means a person applying for a tax deferral under this chapter.

(2) "Department" means the department of revenue.

(4)(a) "Eligible investment project" means that portion of an investment project which:

(i) Is directly utilized to create at least one new full-time qualified employment position for each three hundred thousand dollars of investment on which a deferral is requested; and

(ii) Either initiates a new operation, or expands or diversifies a current operation by expanding or renovating an existing building with costs in excess of twenty-five percent of the true and fair value of the plant complex prior to improvement; or

(iii) Acquires machinery and equipment to be used for either manufacturing or research and development if the machinery and equipment is housed in a new leased structure: PROVIDED, That the lessor/owner of the structure is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person.

(b) "Eligible investment project" does not include any portion of an investment project undertaken by a light and power business as defined in RCW 82.16.010(5) or investment projects which have already received deferrals under this chapter.

(5) "Investment project" means an investment in qualified buildings and qualified machinery and equipment, including labor and services rendered in the planning, installation, and construction of the project.

(6) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.

(7) "Person" has the meaning given in RCW 82.04.030.

(8) "Qualified buildings" means new structures used for manufacturing and research and development activities, including plant offices and warehouses or other facilities for the storage of raw material or finished goods if such facilities are an essential or an integral part of a factory, mill, plant, or laboratory used for manufacturing or research and development. If a building is used partly for manufacturing or research and development and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.

(9) "Qualified employment position" means a permanent full-time employee employed in the eligible investment project during the entire tax year.

(10) "Qualified machinery and equipment" means all new industrial and research fixtures, equipment, and support facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified machinery and equipment" includes: Computers; software; data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; operating structures; and all equipment used to control or operate the machinery.

(11) "Recipient" means a person receiving a tax deferral under this chapter.

(12) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.

Sec. 212. RCW 82.60.050 and 1988 c 41 s 5 are each amended to read as follows:

RCW 82.60.030 and 82.60.040 shall expire ((July 1, 1994)) January 1, 2002.

Sec. 213. RCW 82.61.010 and 1988 c 41 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Applicant" means a person applying for a tax deferral under this chapter.

(2) "Person" has the meaning given in RCW 82.04.030.

(3) "Department" means the department of revenue.

(4) "Eligible investment project" means:

(a) Construction of new buildings and the acquisition of new related machinery and equipment when the buildings, machinery, and equipment are to be used for either manufacturing or research and development activities, which construction is commenced prior to December 31, ((1994)) 2001; or

(b) Acquisition prior to December 31, ((1994)) 2001, of new machinery and equipment to be used for either manufacturing or research and development if the machinery and equipment is housed in a new leased structure: PROVIDED, That the lessor/owner of the structure is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person; or

(c) Acquisition of all new or used machinery, equipment, or other personal property for use in the production or casting of aluminum at an aluminum smelter or at facilities related to an aluminum smelter, if the plant was in operation prior to 1975 and has ceased operations or is in imminent danger of ceasing operations for economic reasons, as determined by the department, and if the person applying for a deferral (i) has consulted with any collective bargaining unit that represented employees of the plant pursuant to a collective bargaining agreement that was in effect either immediately prior to the time the plant ceased operations or during the period when the plant was in imminent danger of ceasing operations, on the proposed operation of the plant and on the terms and conditions of employment for wage and salaried employees and (ii) has obtained a written concurrence from the bargaining unit on the decision to apply for a deferral under this chapter; or

(d) Modernization projects involving construction, acquisition, or upgrading of equipment or machinery, including services and labor, which are commenced after May 19, 1987, and are intended to increase the operating efficiency of existing plants which are either aluminum smelters or aluminum rolling mills or of facilities related to such plants, if the plant was in operation prior to 1975, and if the person applying for a deferral (i) has consulted with any collective bargaining unit that represents employees of the plant on the proposed operation of the plant and the terms and conditions of employment for wage and salaried employees and (ii) has obtained a written concurrence from the bargaining unit on the decision to apply for a deferral under this chapter.

(6) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun.

(7) "Buildings" means only those new structures used for either manufacturing or research and development activities, including plant offices and warehouses or other facilities for the storage of raw materials or finished goods if such facilities are an essential or an integral part of a factory, mill, plant, or laboratory used for manufacturing or research and development purposes. If a building is used partly for manufacturing or research and development and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.

(8) "Machinery and equipment" means all industrial and research fixtures, equipment, and support facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified machinery and equipment" includes computers; software; data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; operating structures; and all equipment used to control or operate the machinery. For purposes of this chapter, new machinery and equipment means either new to the taxing jurisdiction of the state or new to the certificate holder. Used machinery and equipment may be treated as new equipment and machinery if the certificate holder either brings the machinery and equipment into Washington or makes a retail purchase of the machinery and equipment in Washington or elsewhere.

(9) "Qualified employment position" means a permanent full-time employee employed in the eligible investment project during the entire tax year.

(10) "Recipient" means a person receiving a tax deferral under this chapter.

(11) "Certificate holder" means an applicant to whom a tax deferral certificate has been issued.

(12) "Operationally complete" means constructed or improved to the point of being functionally useable for the intended purpose.

(13) "Initiation of construction" means that date upon which on-site construction commences.

Sec. 214. RCW 82.61.040 and 1988 c 41 s 2 are each amended to read as follows:

RCW 82.61.020 and 82.61.030 shall expire ((July 1, 1994)) January 1, 2002.

Sec. 215. RCW 82.61.070 and 1988 c 41 s 3 are each amended to read as follows:

The department and the department of trade and economic development shall jointly report to the legislature about the effects of this chapter on new manufacturing and research and development activities in this state. The report shall contain information concerning the number of deferral certificates granted, the amount of sales tax deferred, the number of jobs created and other information useful in measuring such effects. Reports shall be submitted by January 1, 1986, and by January 1 of each year through ((1995)) 2003.

NEW SECTION. Sec. 216. A new section is added to chapter 82.08 RCW to read as follows:

(1) The tax levied by RCW 82.08.020 shall not apply to the retail sale of building materials used in the remodeling or expansion of a commercial or industrial structure or to the labor used to incorporate such building materials into real estate.

(2) In order to qualify for the exemption of retail sales tax on materials or labor under this section, the commercial or industrial structure must be located in a designated neighborhood reinvestment area under section 103 of this act.

(3) The department of revenue, in consultation with the department of community development, shall adopt rules specifying the administrative procedures applicable to applicants for exemption from retail sales tax on materials or labor, the form, manner, and time in which applications shall be filed, the information to be contained therein, and criteria for the approval or denial of requests for the exemption from retail sales tax on materials or labor under this chapter. The rules shall apply to both the department of revenue and the department of community development.

(4) The department of revenue shall grant an exemption from retail sales tax on materials or labor for commercial or industrial structures that are approved by the department of community development. The department of revenue shall keep a running total of exemptions granted under this section and section 217 of this act during each fiscal biennium. The department of revenue shall not allow any exemption that would cause the total tabulation for a biennium to exceed two hundred fifty thousand dollars.

(5) This section shall expire January 1, 2002.

NEW SECTION. Sec. 217. A new section is added to chapter 82.12 RCW to read as follows:

(1) The provisions of this chapter shall not apply in respect to the use of building materials used in the remodeling or expansion of a commercial or industrial structure or to the labor used to incorporate such building materials into real estate.

(2) In order to qualify for the exemption granted by this section, the commercial or industrial structure must be located in a designated neighborhood reinvestment area under section 103 of this act.

(3) The department of revenue, in consultation with the department of community development, shall adopt rules specifying the administrative procedures applicable to applicants for the tax exemption under this section, the form, manner, and time in which applications shall be filed, the information to be contained therein, and criteria for the approval or denial of requests for the tax exemption under this chapter. The rules shall apply to both the department of revenue and the department of community development.

(4) This section shall expire January 1, 2002.

PART III -- COMMUNITY REINVESTMENT AND PRIVATE INVESTMENT

Subpart A - Deposit of Surplus State Funds

NEW SECTION. Sec. 301. (1) No later than fifteen days after receipt of a written evaluation under the federal community reinvestment act (12 U.S.C. Sec. 2901 et seq.) each qualified public depository under the provisions of chapter 39.58 RCW shall submit to the Washington public deposit protection commission a copy of such written evaluation.

(2) Only those qualified public depositories assigned a rating of satisfactory or better shall be eligible to receive deposits under the provisions of chapter 43.86A RCW. Those qualified public depositories assigned a rating less than satisfactory shall be notified by the Washington public deposit protection commission that a failure to receive at least a rating of satisfactory, at the next written evaluation, will make the qualified public depository ineligible to receive deposits under chapter 43.86A RCW.

(3) Those qualified public depositories assigned less than satisfactory ratings for two consecutive evaluations shall be ineligible to receive deposits under the provisions of chapter 43.86A RCW, until the performance of the qualified public depository in meeting the community credit needs is determined to be at least satisfactory by the Washington public deposit protection commission.

NEW SECTION. Sec. 302. The Washington public deposit protection commission shall compile community reinvestment act ratings required under the federal community reinvestment act (12 U.S.C. Sec. 2901 et seq.). The Washington public deposit protection commission shall make this information available to the public.

Subpart B - Linked Deposit Program

NEW SECTION. Sec. 303. (1) The legislature finds that:

(a) There are parts of communities throughout the state that are experiencing economic stagnation or decline;

(b) The unemployment and underemployment in these areas threaten the safety, health, and welfare of residents of these areas, decreasing the value of private investment and jeopardizing the sources of public revenue; and

(c) The revitalization of these areas requires the development of new business ventures and the stimulation of private investment.

(2) The legislature declares that it is the intent of the linked deposit program to provide capital to promote community economic development and job creation in designated neighborhood reinvestment areas by authorizing the state treasurer to operate a program which links state deposits to business and residential loans by financial institutions.

NEW SECTION. Sec. 304. (1) The state treasurer shall establish a linked deposit program for investments in certificates of deposit in Washington financial institutions. As a condition of participating in the program, financial institutions must make qualifying loans as provided in section 305 of this act. Each certificate of deposit purchased by the state treasurer shall be equal to the amount of the qualifying loan made by the financial institution. The state treasurer is authorized to set interest rates on certificates and on qualifying loans consistent with the intent of sections 303 through 306 of this act and sound financial practices.

(2) Qualifying loans under the linked deposit program are those which:

(a) Are made in designated neighborhood reinvestment areas as defined in section 102 of this act;

(b)(i) Are made to a small business with a majority of employees in the state or (ii) are residential mortgage loans for single-family or multifamily housing that is affordable to low-income households as defined in RCW 43.185A.010; and

(3) In setting interest rates on certificates, the state treasurer shall offer rates so that a two percent preference in lending will be given to businesses engaged in manufacturing, export, providing services for sale outside the state, or residential mortgage lending.

NEW SECTION. Sec. 305. The state and those acting as its agents are not liable in any manner for payment of the principal or interest on qualifying loans under the linked deposit program. Any delay in payments or default on the part of the borrower does not in any manner affect the deposit agreement between the financial institution and the state treasurer.

NEW SECTION. Sec. 306. The state treasurer may use up to fifty million dollars per year of state funds for the linked deposit program.

PART IV -- EMPLOYMENT OF NEIGHBORHOOD RESIDENTS

NEW SECTION. Sec. 401. A business receiving assistance under chapter . . . , Laws of 1993 (this act) shall seek to employ as many of its employees as possible from the designated neighborhood reinvestment area the assistance is related to, with a minimum goal of at least thirty percent of the employees from the respective designated neighborhood reinvestment area.

NEW SECTION. Sec. 402. The department shall require that local governments receiving financial assistance under chapter . . . , Laws of 1993 (this act) include a provision in their construction contracts for projects in neighborhood reinvestment areas, that require the contractor to increase outreach and recruitment efforts to employ as many of its employees as possible from the designated neighborhood reinvestment area the assistance is related to, with a minimum goal of thirty percent of the employees from the respective designated neighborhood reinvestment area.

PART V -- TECHNICAL PROVISIONS

NEW SECTION. Sec. 501. (1) Sections 1, 101 through 104, 401, and 402 of this act shall constitute a new chapter in Title 43 RCW.

(2) Sections 201 through 206 of this act are each added to chapter 82.04 RCW.

(3) Sections 301 and 302 of this act are each added to chapter 30.60 RCW.

(4) Sections 303 through 306 of this act are each added to chapter 43.84 RCW.

NEW SECTION. Sec. 502. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 503. Part and subpart headings as used in this act constitute no part of the law.

NEW SECTION. Sec. 504. This act may be known and cited as the "neighborhood reinvestment act.""

Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Morris; Talcott; Thibaudeau; and Van Luven.

MINORITY recommendation: Do not pass. Signed by Representatives Foreman, Ranking Minority Member; Romero; Rust; Silver; and Wang.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 1988 Prime Sponsor, Representative Sheldon: Providing for employment and training services. Reported by Committee on Appropriations

On page 4, line 34, after "sources." insert "For fiscal year 1994, the state board for community and technical colleges may borrow from the general fund to initiate the programs authorized under this act. However, the board shall repay the borrowed amount by the end of the fiscal biennium from funds appropriated to it from the employment and training trust fund."

Signed by Representatives Locke, Chair; Valle, Vice Chair; Appelwick; Basich; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Linville; Peery; Rust; Sommers; Wang; Wineberry; and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Ballasiotes; Cooke; Sehlin; Sheahan; Stevens; and Talcott.

Excused: Representatives Leonard and Morton.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 2004 Prime Sponsor, Representative Morris: Changing provisions relating to criminal sentencing and correctional industries. Reported by Committee on Capital Budget

MAJORITY recommendation: The substitute bill by Committee on Corrections be substituted therefor and the substitute bill with the following amendment by Committee on Capital Budget:

On page 3, line 27, after "RCW 43.19.534." insert "The rules must reference the following: Goods and services purchased from correctional industries must meet the reasonable requirements of the purchaser including timeliness of delivery, equal or better quality compared to goods or services provided by the private sector, and cost-effectiveness based on fair market value. The preference assured under the rules must be no more than ten percent of the total bid amount."

On page 4, line 4, after "quantity" insert ", cost,"

On page 4, line 13, after "asbestos" strike "removal and the cleanup of leaking" and insert "abatement and the removal, replacement, and cleanup of"

On page 4, beginning on line 18, strike "removal and underground storage tank removal" and insert "abatement and underground storage tank removal, replacement, and cleanup"

On page 4, line 21, after "removal" insert "replacement, and cleanup"

On page 4, line 22, after "programs" strike "based on" and insert "on a"

On page 4, beginning on line 26, strike all material through "budget" on line 27 and insert "to contracting with correctional industries for asbestos abatement and underground storage tank removal, replacement, and cleanup projects authorized in the state capital budget"

On page 4, line 24, after "information." insert "The teams

must be available to contract for work with state agencies."

On page 4, line 27, after "budget." insert "When contracting for asbestos abatement and underground storage tank removal, replacement, and clean up projects state agencies shall consider factors including the cost and complexity of the project, the qualifications of bidders, project time constraints, and the availability of work crews."

Signed by Representatives Wang, Chair; Ogden, Vice Chair; Brough; Eide; Jacobsen; Jones; Ludwig; Romero; and Sommers.

MINORITY recommendation: Do not pass. Signed by Representatives Sehlin, Ranking Minority Member; Morton, Assistant Ranking Minority Member; R. Fisher; Heavey; Silver; and Thomas.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 2007 Prime Sponsor, Representative Ogden: Allowing tax proceeds to be used for low-income housing. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Romero; Rust; Thibaudeau; and Wang.

MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Ranking Minority Member; Morris; Silver; Talcott; and Van Luven.

Passed to Committee on Rules for second reading.

March 6, 1993

HB 2054 Prime Sponsor, Representative Peery: Reforming public employment law. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Locke, Chair; Valle, Vice Chair; Appelwick; Basich; Dellwo; Dorn; Dunshee; G. Fisher; Jacobsen; Lemmon; Leonard; Linville; Peery; Rust; Sommers; Wang; and Wineberry.

MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Ballasiotes; Cooke; Sehlin; Sheahan; Stevens; Talcott; and Wolfe.

Excused: Representative Morton.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 2058 Prime Sponsor, Representative G. Fisher: Providing a homestead property tax exemption. Reported by Committee on Revenue

MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Ranking Minority Member; Silver; and Talcott.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 2059 Prime Sponsor, Representative G. Fisher: Reducing gross receipts taxes for small businesses. Reported by Committee on Revenue

MAJORITY recommendation: Do pass with the following amendment:

On page 10, line 30, strike "Three and ((sixty-two one-hundredths)) four" and insert "((Three and sixty-two one-hundredths)) Four"

Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Anderson; Brown; Cothern; Leonard; Morris; Romero; Rust; Thibaudeau; and Wang.

MINORITY recommendation: Do not pass. Signed by Representatives Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Silver; Talcott; and Van Luven.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 2071 Prime Sponsor, Representative L. Johnson: Regulating access to tobacco. Reported by Committee on Revenue

MAJORITY recommendation: The substitute bill by Committee on Health Care be substituted therefor and the substitute bill with the following amendment by Committee on Revenue:

On page 7, line 4, after "products" insert ", other than general business taxes and license fees not primarily levied on tobacco products.

On page 6, line 12, after "account" insert: ", except that thirteen percent of the all such fees and penalties shall be deposited in the state general fund"

Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Morris; Romero; Rust; Talcott; Thibaudeau; Van Luven; and Wang.

MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Ranking Minority Member and Silver.

Passed to Committee on Rules for second reading.

March 8, 1993

HB 2073 Prime Sponsor, Representative Wang: Modifying eligibility requirements for the nonprofit homes for the aging property tax exemption. Reported by Committee on Revenue

MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Ranking Minority Member; Silver; and Van Luven.

Passed to Committee on Rules for second reading.

March 8, 1993

HJR 4213 Prime Sponsor, Representative G. Fisher: Amending the Constitution to authorize the legislature to provide a homestead exemption for real property occupied as residences by the owners. Reported by Committee on Revenue

MAJORITY recommendation: Do pass with the following amendment:

On page 1, line 9, strike "The" and insert "Notwithstanding any other provision of this Constitution, the"

Signed by Representatives G. Fisher, Chair; Foreman, Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Morris; Romero; Rust; Thibaudeau; Van Luven; and Wang.

MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Ranking Minority Member; Silver; and Talcott.

Excused: Representative Holm, Vice Chair.

Passed to Committee on Rules for second reading.

On motion of Representative Peery, the bills, memorial and resolution on the Supplemental and first Supplemental committee reports under the fifth order of business were referred to the committees so designated.

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

MOTION

On motion of Representative Peery, the House adjourned until 10:00 a.m., Tuesday March 9, 1993.

BRIAN EBERSOLE, Speaker

ALAN THOMPSON, Chief Clerk