HJ64

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SIXTY-FOURTH DAY

__________

MORNING SESSION

__________

House Chamber, Olympia, Monday, March 15, 1993

The House was called to order at 9:00 a.m. by the Speaker (Representative Campbell presiding). The Clerk called the roll and a quorum was present.

The Speaker (Representative Campbell presiding) called on Representative Kremen to preside.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Tiffanee Barnes and Mylei Basich. Prayer was offered by Reverend David Stathopulo, Minister of Capital Lakes Church of Olympia.

The Speaker (Representative Kremen presiding) called on Representative Wang to preside.

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

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

INTRODUCTIONS AND FIRST READING

SB 5028 by Senator Haugen

Prohibiting additives for on-site sewage disposal systems.

Referred to Committee on Environmental Affairs.

ESSB 5061 by Senate Committee on Law & Justice (originally sponsored by Senators Fraser, Winsley and A. Smith)

Limiting residential time in parenting plans and visitation orders for abusive parents.

Referred to Committee on Judiciary.

SSB 5068 by Senate Committee on Law & Justice (originally sponsored by Senators A. Smith, McCaslin, Nelson, Erwin, Vognild and Roach)

Changing the homestead exemption.

Referred to Committee on Judiciary.

SSB 5145 by Senate Committee on Labor & Commerce (originally sponsored by Senator Winsley)

Regulating bungee jumping.

Referred to Committee on Commerce & Labor.

SSB 5222 by Senate Committee on Trade, Technology & Economic Development (originally sponsored by Senators Skratek, Erwin, Bluechel, M. Rasmussen, Deccio, Winsley and Barr)

Establishing a project to assist urban/rural economic partnerships.

Referred to Committee on Trade, Economic Development & Housing.

ESB 5280 by Senators Hargrove, Erwin, Owen, Sutherland and Jesernig

Creating a certification program for contractors.

Referred to Committee on Commerce & Labor.

E2SSB 5304 by Senate Committee on Ways & Means (originally sponsored by Senators Talmadge, Gaspard, Moore, Deccio, Wojahn, Moyer, Snyder, Winsley, Fraser, Haugen, McAuliffe, Drew, Sheldon, Skratek and Pelz)

Reforming health care cost control and access.

Referred to Committee on Health Care.

SSB 5316 by Senate Committee on Labor & Commerce (originally sponsored by Senators Moore and McCaslin)

Regulating private moorage facilities.

Referred to Committee on Commerce & Labor.

SB 5358 by Senators Pelz, Fraser, Prince and Winsley; by request of Department of Licensing

Creating an appropriated real estate education account.

Referred to Committee on Commerce & Labor.

SB 5384 by Senators Moore, Newhouse, McAuliffe and Erwin; by request of Department of Licensing

Regulating investment advisory contracts.

Referred to Committee on Financial Institutions & Insurance.

SSB 5445 by Senate Committee on Energy & Utilities (originally sponsored by Senators Williams, McCaslin and Pelz)

Removing nuclear construction authority from joint operating agencies created under RCW 43.52.360.

Referred to Committee on Energy & Utilities.

ESSB 5454 by Senate Committee on Trade, Technology & Economic Development (originally sponsored by Senators Fraser, Skratek, Barr, Haugen, Pelz, Prentice, Owen, Niemi, von Reichbauer, Quigley and M. Rasmussen)

Creating jobs to restore and enhance Washington's estuaries, waterways, and watersheds.

Referred to Committee on Environmental Affairs.

SSB 5471 by Senate Committee on Law & Justice (originally sponsored by Senators A. Smith, Quigley, Nelson and Snyder; by request of Secretary of State)

Changing provisions relating to nonprofit corporations.

Referred to Committee on Judiciary.

ESSB 5482 by Senate Committee on Trade, Technology & Economic Development (originally sponsored by Senators Skratek, M. Rasmussen, Spanel, Prentice, Franklin, McAuliffe, A. Smith, Drew and von Reichbauer)

Defining rights of tenants in mobile home parks.

Referred to Committee on Trade, Economic Development & Housing.

ESB 5508 by Senators Hargrove, Niemi, A. Smith, Nelson and Spanel

Modifying child support orders in dependency cases.

Referred to Committee on Judiciary.

ESB 5522 by Senators Wojahn, L. Smith, Moore, McDonald, Franklin, Deccio, Fraser, Snyder, West, Roach, Prentice, Pelz, M. Rasmussen and Erwin

Providing a program to reduce alcohol and drug use during pregnancy.

Referred to Committee on Human Services.

ESB 5544 by Senators Hargrove, Owen and Snyder

Financing street utilities.

Referred to Committee on Transportation.

SB 5572 by Senators Prentice, Vognild, Prince, Hargrove, Barr, McAuliffe, Haugen, Snyder, Pelz, Loveland, Sheldon, Moore, Erwin, Fraser, M. Rasmussen and Wojahn

Assessing environmental costs of transportation projects.

Referred to Committee on Transportation.

ESSB 5574 by Senate Committee on Labor & Commerce (originally sponsored by Senators Williams, Moore, Pelz and Franklin)

Regulating credit information use.

Referred to Committee on Financial Institutions & Insurance.

SSB 5606 by Senate Committee on Ways & Means (originally sponsored by Senators Prince, Vognild, Cantu, Fraser, Newhouse, Prentice, McAuliffe, Sutherland, Moore and Winsley)

Directing the state auditor to scrutinize funds and accounts under the control of state agencies.

Referred to Committee on State Government.

ESB 5613 by Senators Erwin, Vognild, Nelson, Prince, Prentice, Moyer, Winsley, Barr and Oke

Making appointment of the director of the Washington traffic safety commission subject to the consent of the senate.

Referred to Committee on Transportation.

SSB 5620 by Senate Committee on Ways & Means (originally sponsored by Senators Loveland and Jesernig)

Permitting a special excise tax on hotel, motel, roominghouse, and trailer camp charges for a trade recreation agricultural center in Pasco.

Referred to Committee on Revenue.

SB 5649 by Senators Quigley, Roach and A. Smith; by request of Department of Social and Health Services

Removing the expiration date for Washington state support registry employer reporting.

Referred to Committee on Judiciary.

SB 5660 by Senators M. Rasmussen, Barr, Deccio, Loveland, Snyder, Fraser, Skratek, Sheldon, Drew, Prince, Winsley, Erwin, Bluechel, Amondson and Franklin

Developing the Washington state citizens' exchange program.

Referred to Committee on Trade, Economic Development & Housing.

SB 5675 by Senators Drew, Loveland, Skratek and Haugen

Concerning the financing of bonds for storm water facilities.

Referred to Committee on Local Government.

SB 5696 by Senators Haugen, Newhouse and Spanel; by request of Department of Retirement Systems

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

Referred to Committee on State Government.

2SSB 5715 by Senate Committee on Ways & Means (originally sponsored by Senators Bluechel, Skratek, Erwin, Sheldon, Deccio, M. Rasmussen and Williams)

Assisting businesses to form flexible networks.

Referred to Committee on Trade, Economic Development & Housing.

SSB 5744 by Senate Committee on Transportation (originally sponsored by Senators Haugen, Loveland, Vognild, Winsley and M. Rasmussen)

Changing provisions concerning streets that are part of the state highway system.

Referred to Committee on Transportation.

ESB 5745 by Senators Bluechel, Bauer, Skratek, Cantu, Erwin, M. Rasmussen and Sheldon

Creating the PNWER-Net working group.

Referred to Committee on Energy & Utilities.

ESB 5780 by Senators Sutherland, Hochstatter, Snyder, Sellar, Amondson, Vognild and Bauer

Authorizing the board of boiler rules to prescribe extended inspection schedules for power boilers.

Referred to Committee on Energy & Utilities.

ESSB 5815 by Senate Committee on Law & Justice (originally sponsored by Senators West and Moyer)

Concerning seizure and forfeiture.

Referred to Committee on Judiciary.

SB 5835 by Senators McAuliffe, Bluechel and McDonald

Exempting certain public authority property from taxation.

Referred to Committee on Revenue.

SSB 5858 by Senate Committee on Government Operations (originally sponsored by Senator Cantu)

Forbidding requiring financial security devices for permits for local government units' construction projects.

Referred to Committee on Local Government.

SSB 5874 by Senate Committee on Natural Resources (originally sponsored by Senators Owen, Oke, Haugen, Hargrove, Erwin, Snyder, Franklin, Spanel, Sutherland, Sellar, McDonald, Bauer and Winsley)

Improving recreational fishing.

Referred to Committee on Fisheries & Wildlife.

SSB 5922 by Senate Committee on Health & Human Services (originally sponsored by Senators Snyder, Deccio, Vognild and Newhouse)

Regarding the use of controlled substances by advanced registered nurse practitioners, certified nurse anesthetists.

Referred to Committee on Health Care.

SB 5925 by Senator Snyder

Allowing lodging tax for counties with national monuments.

Referred to Committee on Revenue.

ESSB 5940 by Senate Committee on Natural Resources (originally sponsored by Senators Owen, Haugen, Spanel, Snyder, Oke, McAuliffe, Sutherland and Franklin; by request of Governor Lowry)

Creating the department of fish and wildlife.

Referred to Committee on State Government.

On motion of Representative Sheldon, the bills 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 sixth order of business.

SECOND READING

MOTION

Representative Sheldon moved that the House consider the following bills in the following order: House Bill No. 1214, House Bill No. 1307, House Bill No. 1452, House Bill No. 1545, House Bill No. 1978 and House Bill No. 2009. The motion was carried.

HOUSE BILL NO. 1214, by Representative Appelwick

Modifying the definition of a reasonable fee for certain health care practices.

The bill was read the second time. On motion of Representative L. Johnson, Substitute House Bill No. 1214 was substituted for House Bill No. 1214 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1214 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 L. Johnson and Dyer 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, Representative Ballasiotes was excused.

The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Substitute House Bill No. 1214.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1214 and the bill passed the House by the following vote: Yeas - 89, Nays - 4, Absent - 2, Excused - 3.

Voting yea: Representatives Anderson, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dyer, Edmondson, Eide, Fisher, G., Fisher, R., 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, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.

Voting nay: Representatives Dunshee, Flemming, Quall and Sheldon - 4.

Absent: Representatives Cothern and Finkbeiner - 2.

Excused: Representatives Appelwick, Ballasiotes and Locke - 3.

Substitute House Bill No. 1214, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1307, by Representatives Locke, Eide, Silver, Dunshee, L. Johnson, Pruitt, Brough, Sheldon, Jones, Long, Franklin, Talcott, J. Kohl, Wood, Lemmon, Jacobsen, Wang, Leonard, Quall, Rayburn and King

Reauthorizing and modifying the Washington service corps.

The bill was read the second time. On motion of Representative Shin, Substitute House Bill No. 1307 was substituted for House Bill No. 1307 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1307 was read the second time.

Representative Forner moved adoption of the following amendment by Representatives Forner and Locke:

On page 5, after line 11, insert the following:

"NEW SECTION. Sec. 10. A new section is added to chapter 50.65 RCW as follows:

No individual may participate in the Washington serves program created by SHB 1969, Chapter Laws of 1993 if the person has previously participated for six months or longer in the Washington service corps within the last three years."

Representative Forner spoke in favor of adoption of the amendment and it 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.

Representatives Eide, Forner and Wineberry spoke in favor of passage of the bill.

The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1307.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1307 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 1, Excused - 2.

Voting yea: Representatives Anderson, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, 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, Miller, 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 - 95.

Absent: Representative Cothern - 1.

Excused: Representatives Appelwick and Ballasiotes - 2.

Engrossed Substitute House Bill No. 1307, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1452, by Representatives Riley, Heavey, Brown, Flemming, Karahalios, Cooke, Wineberry, Valle, Romero, Leonard, G. Cole, Mielke, Anderson and Ballard

Specifying information that must be made available to parties affected by adoption.

The bill was read the second time. On motion of Representative Leonard, Substitute House Bill No. 1452 was substituted for House Bill No. 1452 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1452 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 Riley, Cooke and Karahalios spoke in favor of passage of the bill.

The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Substitute House Bill No. 1452.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1452 and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Ballard, 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, Miller, 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: Representative Padden - 1.

Excused: Representatives Appelwick and Ballasiotes - 2.

Substitute House Bill No. 1452, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1545, by Representative Appelwick

Prohibiting the establishment of new municipal courts.

The bill was read the second time. On motion of Representative Ludwig, Substitute House Bill No. 1545 was substituted for House Bill No. 1545 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1545 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 and Representatives Forner and Brough spoke against it.

The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Substitute House Bill No. 1545.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1545 and the bill passed the House by the following vote: Yeas - 55, Nays - 41, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Brown, Campbell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Fisher, G., Fisher, R., Flemming, Fuhrman, Hansen, Heavey, Jacobsen, Johanson, Johnson, L., Johnson, R., Karahalios, King, Kohl, J., Lemmon, Leonard, Locke, Long, Ludwig, Meyers, R., Miller, Morris, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Riley, Romero, Rust, Schmidt, Scott, Shin, Silver, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 55.

Voting nay: Representatives Ballard, Basich, Bray, Brough, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Finkbeiner, Foreman, Forner, Grant, Holm, Horn, Jones, Kessler, Kremen, Linville, Lisk, Mastin, Mielke, Morton, Patterson, Rayburn, Reams, Roland, Schoesler, Sehlin, Sheahan, Sheldon, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 41.

Excused: Representatives Appelwick and Ballasiotes - 2.

Substitute House Bill No. 1545, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I wish to vote "NAY" on Substitute House Bill No. 1545.

PAULL SHIN, 21st District

HOUSE BILL NO. 1978, by Representatives J. Kohl, G. Cole, Karahalios, Jacobsen, Dorn, Cothern, Roland, Pruitt, Basich, Miller, Forner, L. Johnson, Vance, Cooke, Rust and Hansen

Allowing counties to permit public libraries on county land used for park and recreation purposes.

The bill was read the second time. On motion of Representative H. Myers, Substitute House Bill No. 1978 was substituted for House Bill No. 1978 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1978 was read the second time.

With consent of the House, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives H. Myers, Edmondson, J. Kohl and G. Cole spoke in favor of passage of the bill and Representatives Dunshee, Van Luven and Casada spoke against it.

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

The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Substitute House Bill No. 1978.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1978 and the bill passed the House by the following vote: Yeas - 91, Nays - 6, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, 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, Miller, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Thibaudeau, Thomas, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.

Voting nay: Representatives Casada, Dunshee, Morton, Sheahan, Tate and Van Luven - 6.

Excused: Representative Ballasiotes - 1.

Substitute House Bill No. 1978, having received the constitutional majority, was declared passed.

The Speaker (Representative Wang presiding) declared the House to be at ease.

The Speaker (Representative R. Meyers presiding) called the House to order.

MOTION

Representative Sheldon moved that the House immediately consider bills on the suspension calendar, beginning with House Bill No. 1224. The motion was carried.

HOUSE BILL NO. 1224, by Representatives Dellwo, King, Jones, L. Johnson, Flemming and Springer; by request of Department of Social and Health Services

Eliminating the termination of hospice care and service coverage as medical assistance.

The bill was read the second time.

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

Representatives Dorn and Talcott 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. 1224.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1224 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, 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, Miller, 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 - 97.

Excused: Representative Ballasiotes - 1.

House Bill No. 1224, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1336, by Representatives Karahalios, Sehlin, Orr, Zellinsky, Dellwo, Hansen, Sheldon, Rayburn, Grant, Bray, Riley, Mastin, Linville, Basich, Campbell, Lemmon, Kremen, Flemming and Ogden

Allowing property owned by nonprofit organizations to be used for certain activities without loss of property tax exemption.

The bill was read the second time.

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

Representative Karahalios 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. 1336.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1336 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

Substitute House Bill No. 1336, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1396, by Representatives Anderson, Zellinsky, Mielke, Reams, Wineberry and Dellwo

Creating a department of financial institutions.

The bill was read the second time.

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

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1396.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1396 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

Substitute House Bill No. 1396, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1497, by Representative Dellwo

Adopting the accredited foreign branch campus act.

The bill was read the second time.

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

Representatives Dellwo and Silver 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. 1497.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1497 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

Substitute House Bill No. 1497, having received the constitutional majority, was declared passed.

RESOLUTION

HOUSE RESOLUTION NO. 93-4624, by Representatives Jacobsen, Brough, J. Kohl, Miller, Ogden and G. Cole

WHEREAS, Many Washington state women have demonstrated leadership and provided direction as positive role models for Washington citizens; and

WHEREAS, Exceptional coaching enhances positive self-esteem and the development of pride and confidence; and

WHEREAS, Washington women coaches have encouraged, motivated, and enhanced the lives of our state's citizens by opening doors for participation in athletics; and

WHEREAS, These individuals have selflessly dedicated time, energy, emotions, and efforts into the sports arena, and successfully provided exceptional environments for all athletes; and

WHEREAS, Womens' athletics is one of the most effective avenues available for women in the United States to develop self-discipline, initiative, confidence, and leadership skills; and

WHEREAS, Female athletes need women role models as coaches, administrators, and athletic directors. There are many outstanding women serving in these positions including: Barbara Hedges serves as the University of Washington's Athletic Director, Chris Gobrecht as head women's basketball coach at the University of Washington, Doris Heritage Brown with the Seattle Pacific University Athletic Department, Dr. Sue Durrant with Washington State University, Sandy Neeley with Everett Community College, Marie Sather with Western Washington University, Joann Neil as a Federal Way High School coach, Lynda Goodrich as Western Washington University's Athletic Director, and Sandra Schneider as Lakeside High School's Athletic Director; and

WHEREAS, These and other women have exercised remarkable leadership by: Encouraging females to enroll in coaching courses, administration courses, officiating courses, and in athletic training programs in college; have spent extra time to work with and teach young women who are interested in learning about coaching, athletic training, officiating, and athletic administration; and created networks among women coaches, officials, sports information directors, and athletic directors to promote the interest of females in all aspects of sport;

NOW, THEREFORE, BE IT RESOLVED, In recognition of the outstanding leadership of women in athletic leadership positions, the House of Representatives honor the female coaches, administrators, and athletic directors in Washington state.

Representative Jacobsen moved adoption of the resolution. Representatives Jacobsen, Miller, Stevens, J. Kohl and Forner spoke in favor of adoption of the resolution.

House Resolution No. 93-4624 was adopted.

HOUSE BILL NO. 1583, by Representatives Jacobsen, Carlson, Quall, Bray, Rayburn, Kessler, J. Kohl, Shin, Wood, Basich, Ogden, Brumsickle, King, Van Luven and L. Johnson

Clarifying eligibility requirements for state-funded benefits for part-time academic employees of community and technical colleges.

The bill was read the second time.

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

Representatives Quall and Carlson 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. 1583.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1583 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

Substitute House Bill No. 1583, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1622, by Representatives Chappell, Chandler and Rayburn; by request of Department of Agriculture

Modifying the regulation of fertilizer.

The bill was read the second time.

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

MOTION

Substitute House Bill No. 1622 was passed to Committee on Rules for third reading.

HOUSE BILL NO. 1632, by Representatives Anderson, Locke, Morton, Grant, Tate, Brough, Thomas and J. Kohl

Modifying funeral expenses of a deceased person.

The bill was read the second time.

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

Representative Cooke 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. 1632.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1632 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

House Bill No. 1632, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1650, by Representatives Romero, Campbell, Rayburn, Chappell, Ludwig, Jacobsen, Veloria and Pruitt

Providing administrative review of agency decisions concerning access to public records.

The bill was read the second time.

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

Representatives Romero 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 Substitute House Bill No. 1650.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1650 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

Substitute House Bill No. 1650, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1677, by Representatives Brown, Karahalios, Wolfe, Thibaudeau, Campbell, Flemming, Jones, King, Holm, J. Kohl, H. Myers and Anderson

Developing chemical dependency services for victims of sexual assault and domestic violence.

The bill was read the second time.

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

Representatives Brown and Cooke 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. 1677.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1677 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, 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, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, 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.

Voting nay: Representative Johnson, L. - 1.

Excused: Representative Ballasiotes - 1.

House Bill No. 1677, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1694, by Representatives Dellwo, Dyer and Morris; by request of Department of Health

Modifying the examination of health profession candidates for credentialing.

The bill was read the second time.

Representative Valle moved that the committee recommendation be adopted and the bill was 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 House Bill No. 1694.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1694 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, 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, Meyers, R., Mielke, Miller, 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.

Voting nay: Representative Mastin - 1.

Excused: Representative Ballasiotes - 1.

House Bill No. 1694, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I wish to change my vote from a "NAY" to a "YEA" on House Bill No. 1694.

DAVE MASTIN, 16th District

HOUSE BILL NO. 1704, by Representatives G. Fisher, Locke, Silver, Talcott and Flemming; by request of Secretary of State

Authorizing the secretary of state to set fees by rule.

The bill was read the second time.

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

Representatives G. Fisher and Foreman 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. 1704.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1704 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

Substitute House Bill No. 1704, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1713, by Representatives Bray, R. Fisher, Grant and Mastin

Revising vehicular window tinting labels.

The bill was read the second time.

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

Representative Bray 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. 1713.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1713 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, 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, Miller, 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.

Voting nay: Representative Brough - 1.

Excused: Representative Ballasiotes - 1.

House Bill No. 1713, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1727, by Representatives Morris, Long, G. Cole, Padden, Mastin, Lemmon and L. Johnson; by request of Department of Corrections

Providing a procedure for releasing alien offenders for the purpose of deportation.

The bill was read the second time.

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

Representatives Mastin and Long 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. 1727.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1727 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

Substitute House Bill No. 1727, having received the constitutional majority, was declared passed.

On motion of Representative Sheldon, the House recessed until 1:00 p.m.

AFTERNOON SESSION

The Speaker (Representative Patterson presiding) called the House to order at 1:00 p.m.

The Clerk called the roll and a quorum was present.

The Speaker (Representative R. Meyers presiding) assumed the chair.

With consent of the House, the House resumed consideration of bills on the Suspension Calendar.

HOUSE BILL NO. 1734, by Representatives Appelwick, Ludwig, Dellwo, Silver, Padden, Peery, Ogden, Mastin, Scott and Johanson; by request of Administrator for the Courts

Adding new judges to the court of appeals.

The bill was read the second time.

Representative Valle moved that the committee recommendations be adopted and the substitute bill was advanced to third reading. (For committee amendments see Journal, 57th Day, March 8, 1993). The motion was carried.

On motion of Representative Wood, Representatives Sheahan, Dyer, Brough, Ballasiotes and Silver were excused.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1734.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1734 and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 5, Excused - 3.

Voting yea: Representatives Anderson, Ballard, Basich, Bray, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheldon, Shin, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 90.

Absent: Representatives Appelwick, Dorn, Jacobsen, Morris and Silver - 5.

Excused: Representatives Ballasiotes, Brough and Sheahan - 3.

Engrossed Substitute House Bill No. 1734, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1751, by Representatives Anderson and Reams

Modifying compensation of forest practices board members.

The bill was read the second time.

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

Representative 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. 1751.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1751 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 2, Excused - 2.

Voting yea: Representatives Anderson, Ballard, 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, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Absent: Representatives Appelwick and Silver - 2.

Excused: Representatives Ballasiotes and Brough - 2.

House Bill No. 1751, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1792, by Representatives Zellinsky, Schmidt, King and Ballasiotes; by request of Secretary of State

Providing state flags and mementos for certain official purposes.

The bill was read the second time.

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

Representative Zellinsky 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. 1792.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1792 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 2, Excused - 2.

Voting yea: Representatives Anderson, Ballard, 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, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Absent: Representatives Appelwick and Silver - 2.

Excused: Representatives Ballasiotes and Brough - 2.

Substitute House Bill No. 1792, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1804, by Representatives Campbell, Mastin and Flemming

Clarifying procedures for temporary remedies from agency action.

The bill was read the second time.

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

Representatives Campbell 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. 1804.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1804 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 1, Excused - 1.

Voting yea: Representatives Anderson, Ballard, 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, Miller, 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 Appelwick - 1.

Excused: Representative Ballasiotes - 1.

House Bill No. 1804, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1842, by Representatives R. Fisher, Wood, King, Scott, Conway, Karahalios, Roland and Flemming

Authorizing exemptions from county vehicle license fees.

The bill was read the second time.

Representative R. Fisher moved that the committee recommendation be adopted and the bill was 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. 1842.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1842 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

House Bill No. 1842, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1925, by Representatives Orr, Pruitt and King

Requiring registration of persons carrying passengers for hire on whitewater river sections.

The bill was read the second time.

Representative King moved that the committee recommendation be adopted and the engrossed bill was advanced to third reading. (For committee recommendation see Journal, 52nd Day, March 3, 1993.) The motion was carried.

Representative Orr 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 Engrossed House Bill No. 1925.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1925 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

Engrossed House Bill No. 1925, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1940, by Representatives Orr, King, Springer and Morris

Establishing fishing guide licenses for Oregon residents.

The bill was read the second time.

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

Representative Orr 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. 1940.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1940 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

House Bill No. 1940, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2008, by Representative Dunshee

Affecting withdrawal of territory by special districts.

The bill was read the second time.

Representative Bray moved that the committee recommendation be adopted and the engrossed bill was 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. 2008.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 2008 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, 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, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, 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.

Voting nay: Representative Leonard - 1.

Excused: Representative Ballasiotes - 1.

House Bill No. 2008, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2049, by Representative R. Fisher

Restructuring statutes on state participation in rail freight service.

The bill was read the second time.

Representative R. Fisher moved that the committee recommendation be adopted and the bill was 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. 2049.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 2049 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

House Bill No. 2049, having received the constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4008, by Representatives Mastin, Campbell, Horn, Pruitt, Kremen and Long

Requesting a full deduction for sales taxes on federal tax returns.

The memorial was read the second time.

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

Representative Mastin spoke in favor of passage of the memorial.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Joint Memorial No. 4008.

ROLL CALL

The Clerk called the roll on final passage of House Joint Memorial No. 4008 and the memorial passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, 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, Miller, 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.

Voting nay: Representative Fuhrman - 1.

Excused: Representative Ballasiotes - 1.

House Joint Memorial No. 4008, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

It was my intention to vote "YEA" instead of "NAY" on House Joint Memorial No. 4008.

STEVE FUHRMAN, Seventh District

HOUSE JOINT MEMORIAL NO. 4009, by Representatives R. Johnson, Quall, Veloria, Rust, Kremen and J. Kohl

Petitioning for consistency and flexibility of actions of the United States Army Corps of Engineers and the Federal Emergency Management Agency with regard to flood projects.

The memorial was read the second time.

Representative Flemming moved that the committee recommendation be adopted and the engrossed memorial was advanced to third reading. The motion was carried.

Representative R. Johnson spoke in favor of adoption of the memorial.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Joint Memorial No. 4009.

ROLL CALL

The Clerk called the roll on final passage of House Joint Memorial No. 4009 and the memorial passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

House Joint Memorial No. 4009, having received the constitutional majority, was declared passed.

MOTION

Representative Sheldon moved the House consider the following bills on the second reading calendar in the following order: House Joint Memorial No. 4015, House Bill No. 1203, House Bill No. 1156 and House Bill No. 1168. The motion was carried.

HOUSE JOINT MEMORIAL NO. 4015, by Representatives Veloria, Wineberry, Leonard, Johanson, Wang, Chandler, Miller, Wood, Shin, Quall, Rayburn, J. Kohl, Kessler, Dyer and Anderson

Requesting the Philippines to keep its consulate open

The memorial was read the second time. On motion of Representative Veloria, Substitute House Joint Memorial No. 4015 was substituted for House Joint Memorial No. 4015 and the substitute memorial was placed on the second reading calendar. The motion was carried.

Substitute House Joint Memorial was read the second time.

Representative Veloria moved adoption of the following amendment by Representative Veloria and Anderson:

On page 1, beginning on line 1, after "TO" strike the remainder of the memorial and insert "THE HONORABLE WARREN CHRISTOPHER, SECRETARY OF STATE OF THE UNITED STATES:

We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

WHEREAS, There exists a long history of warm relations between the people of Washington and the Philippines, of personal friendships, and family ties; and

WHEREAS, Washington is greatly honored that the Philippines chose to open a Consulate in our state; and

WHEREAS, The Pacific Northwest and the Philippines are neighbors in the Pacific Rim with a shared economic future; and

WHEREAS, The Philippine Consulate has played a critical role in trade between the Philippines and Washington State; and

WHEREAS, The Philippines conducted over two hundred twenty-five million dollars worth of waterborne trade with the Port of Seattle in 1991; and

WHEREAS, The Philippines are a major buyer of Washington wheat and other agricultural products; and

WHEREAS, Exports from the Philippines to Washington State reached almost five hundred million dollars in 1991, representing a nearly three hundred million dollar trade surplus in favor of the Philippines; and

WHEREAS, The estimated sixty-five thousand Washington State residents of Philippine descent are closely linked to the Consulate and raised over thirty-seven thousand dollars for the victims of the Mt. Pinatubo volcanic eruption; and

WHEREAS, The Filipino community in Washington State is growing at a rate in excess of one thousand persons per year; and

WHEREAS, We look forward to the months and years ahead as the people of the Philippines and Washington continue to build a firm foundation of business and personal ties to create a better future for our children;

NOW, THEREFORE, Your Memorialists respectfully pray that the United States Department of State seek through diplomatic efforts to encourage the Philippine government to allow its Seattle Consulate to remain open, and to consider downsizing staff and office space to cut costs instead of closing the Consulate.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Warren Christopher, Secretary of State of the United States and to His Excellency Fidel Ramos, President of the Republic of the Philippines."

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

The memorial was ordered engrossed.

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

Representatives Veloria and Reams spoke in favor of passage of the memorial.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Joint Memorial No. 4015.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Joint Memorial No. 4015 and the memorial passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

Engrossed Substitute House Joint Memorial No. 4015, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1203, by Representatives Leonard, Cooke, Riley and Wood

Modifying provisions of the department of social and health services' job training program.

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 Leonard and Cooke 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. 1203.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1203 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

House Bill No. 1203, having received the constitutional majority, was declared passed.

With the consent of the House, consideration of House Bill No. 1156 was deferred and it held its place on the second reading calendar.

HOUSE BILL NO. 1168, by Representatives King, Chappell, Basich, Orr, Fuhrman, Flemming, Springer and Wood

Leasing beds of tidal waters.

The bill was read the second time.

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

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1168.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1168 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

House Bill No. 1168, having received the constitutional majority, was declared passed.

MOTION

Representative Sheldon moved that the House consider the following bills in the following order: House Bill No. 1375, House Bill No. 1543, House Bill No. 1686, House Bill No. 1767, House Bill No. 1832, House Bill No. 1877 and House Bill No. 1886. The motion was carried.

HOUSE BILL NO. 1375, by Representatives Brough, Appelwick, Padden, Heavey, Ballard, Ludwig, Vance, Forner, Wineberry, Jones, Roland, Horn, Casada, Sheahan, Long, Foreman, Rayburn, Brumsickle, Van Luven, Springer, Wood, Johanson, Miller, Schoesler, Reams and Silver

Imposing liability for furnishing liquor to minors.

The bill was read the second time.

On motion of Representative H. Myers Substitute House Bill No. 1375 was substituted for House Bill No. 1375 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1375 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.

Representative Brough 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. 1375.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1375 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Ballasiotes - 1.

Substitute House Bill No. 1375, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1543, by Representatives Zellinsky, Mielke, Tate, Dellwo, Scott, Sommers, G. Cole, R. Johnson, Dyer, R. Meyers, Jones and Basich

Insuring longshore and harbor workers.

The bill was read the second time.

On motion of Representative Valle, Substitute House Bill No. 1543 was substituted for House Bill No. 1543 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1543 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 Zellinsky 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. 1543.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1543 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

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, Miller, 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 - 98.

Substitute House Bill No. 1543, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1686, by Representatives Anderson, Ludwig, R. Meyers, Foreman, Dorn, Orr, Vance, Brough, Tate, Casada, Edmondson, Horn, Wood, Carlson, Ballard, Brumsickle, Ballasiotes, Van Luven, Mielke, Sheahan, Long, Thomas, Cooke, Forner, Morton and Lisk

Defining a term for the administrative procedure act.

The bill was read the second time.

On motion of Representative H. Myers, Substitute House Bill No. 1686 was substituted for House Bill No. 1686 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1686 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 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 Substitute House Bill No. 1686.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1686 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Substitute House Bill No. 1686, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1767, by Representatives Basich, Jacobsen, Brumsickle, Dellwo, Leonard, J. Kohl, Ogden, Quall, Bray, Kessler, Shin and Johanson

Requiring certification of community and technical college intercollegiate coaches.

The bill was read the second time.

On motion of Representative Jacobsen, Substitute House Bill No. 1767 was substituted for House Bill No. 1767 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1767 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.

Representative Basich 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. 1767.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1767 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Substitute House Bill No. 1767, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1832, by Representatives Dyer, R. Meyers, Mielke, Schmidt, R. Johnson, Zellinsky, Tate, Anderson, Reams, Dellwo, Foreman and Long

Regulating medical malpractice insurance.

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.

Representative 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 House Bill No. 1832.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1832 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

House Bill No. 1832, having received the constitutional majority, was declared passed.

With consent of the House, the House considered House Bill No. 1758 on the second reading calendar.

HOUSE BILL NO. 1758, by Representatives Chappell, Brumsickle, Orr, Springer, Riley and Sheldon

Including public safety directors in the definition of "law enforcement officer."

The bill was read the second time.

On motion of Representative Valle, Substitute House Bill No. 1758 was substituted for House Bill No. 1758 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1758 was read the second time.

With consent of the House, Floor amendment No. 69 was withdrawn.

Representative Sommers moved adoption of the following amendment by Representatives R. Meyers Sommers and Riley:

On page 2, line 35, after "duties" insert "in a city or town with a population of less than ten thousand"

Representative Sommers spoke in favor of adoption of the amendment and it 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.

Representatives Chappell, Silver 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 Engrossed Substitute House Bill No. 1758.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1758 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Engrossed Substitute House Bill No. 1758, having received the constitutional majority, was declared passed.

The Speaker (Representative R. Meyers presiding) declared the House to be at ease.

The Speaker (Representative R. Meyers presiding) called the House to order.

MOTION

Representative Sheldon moved that the House consider the following bills in the following order: House Bill No. 2009, House Bill No. 1156, House Bill No. 1256, House Bill No. 1507, House Bill No. 1653, House Bill No. 1695, House Bill No. 1731, House Bill No. 1845, House Bill No. 1877, House Bill No. 1886 and House Joint Memorial No. 4003. The motion was carried.

HOUSE BILL NO. 2009, by Representatives J. Kohl, Wineberry, G. Cole and Holm

Including condominiums in parking and business improvement areas.

The bill was read the second time.

Representative J. Kohl moved adoption of the following amendment by Representative J. Kohl, Wineberry, Forner and Sommers:

On page 6, after line 7, insert the following:

"Sec. 11. RCW 64.34.304 and 1990 c 166 s 3 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, and subject to the provisions of the declaration, the association may:

(a) Adopt and amend bylaws, rules, and regulations;

(b) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from unit owners;

(d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium;

(e) Make contracts and incur liabilities;

(f) Regulate the use, maintenance, repair, replacement, and modification of common elements;

(g) Cause additional improvements to be made as a part of the common elements;

(h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, but common elements may be conveyed or subjected to a security interest only pursuant to RCW 64.34.348;

(i) Grant easements, leases, licenses, and concessions through or over the common elements and petition for or consent to the vacation of streets and alleys;

(j) Impose and collect any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements described in RCW 64.34.204 (2) and (4), and for services provided to unit owners;

(k) Impose and collect charges for late payment of assessments pursuant to RCW 64.34.364(((10)))(13) and, after notice and an opportunity to be heard by the board of directors or by such representative designated by the board of directors and in accordance with such procedures as provided in the declaration or bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule thereof adopted by the board of directors and furnished to the owners for violations of the declaration, bylaws, and rules and regulations of the association;

(l) Impose and collect reasonable charges for the preparation and recording of amendments to the declaration, resale certificates required by RCW 64.34.425, and statements of unpaid assessments;

(m) Provide for the indemnification of its officers and board of directors and maintain directors' and officers' liability insurance;

(n) Assign its right to future income, including the right to receive common expense assessments, but only to the extent the declaration provides;

(o) Join in a petition for the establishment of a parking and business improvement area, participate in the rate payers' board or other advisory body set up by the legislative authority for operation of a parking and business improvement area, and pay special assessments levied by the legislative authority on a parking and business improvement area encompassing the condominium property for activities and projects which benefit the condominium directly or indirectly;

(p) Exercise any other powers conferred by the declaration or bylaws;

(((p))) (q) Exercise all other powers that may be exercised in this state by the same type of corporation as the association; and

(((q))) (r) Exercise any other powers necessary and proper for the governance and operation of the association.

(2) The declaration may not impose limitations on the power of the association to deal with the declarant which are more restrictive than the limitations imposed on the power of the association to deal with other persons.

Sec. 12. RCW 64.34.010 and 1992 c 220 s 1 are each amended to read as follows:

(1) This chapter applies to all condominiums created within this state after July 1, 1990. RCW 64.34.040 (separate titles and taxation), RCW 64.34.050 (applicability of local ordinances, regulations, and building codes), RCW 64.34.060 (condemnation), RCW 64.34.208 (construction and validity of declaration and bylaws), RCW 64.34.212 (description of units), RCW 64.34.304(1)(a) through (f) and (k) through (((q))) (r) (powers of unit owners' association), RCW 64.34.308(1) (board of directors and officers), RCW 64.34.340 (voting—proxies), RCW 64.34.344 (tort and contract liability), RCW 64.34.354 (notification on sale of unit), RCW 64.34.360(3) (common expenses—assessments), RCW 64.34.364 (lien for assessments), RCW 64.34.372 (association records), RCW 64.34.425 (resales of units), RCW 64.34.455 (effect of violation on rights of action; attorney's fees), and RCW 64.34.020 (definitions) to the extent necessary in construing any of those sections, apply to all condominiums created in this state before July 1, 1990; but those sections apply only with respect to events and circumstances occurring after July 1, 1990, and do not invalidate or supersede existing, inconsistent provisions of the declaration, bylaws, or survey maps or plans of those condominiums.

(2) The provisions of chapter 64.32 RCW do not apply to condominiums created after July 1, 1990, and do not invalidate any amendment to the declaration, bylaws, and survey maps and plans of any condominium created before July 1, 1990, if the amendment would be permitted by this chapter. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by chapter 64.32 RCW. If the amendment grants to any person any rights, powers, or privileges permitted by this chapter which are not otherwise provided for in the declaration or chapter 64.32 RCW, all correlative obligations, liabilities, and restrictions in this chapter also apply to that person.

(3) This chapter does not apply to condominiums or units located outside this state.

(4) RCW 64.34.400 (applicability—waiver), RCW 64.34.405 (liability for public offering statement requirements), RCW 64.34.410 (public offering statement—general provisions), RCW 64.34.415 (public offering statement—conversion condominiums), RCW 64.34.420 (purchaser's right to cancel), RCW 64.34.430 (escrow of deposits), RCW 64.34.440 (conversion condominiums—notice—tenants), and RCW 64.34.455 (effect of violations on rights of action—attorney's fees) apply with respect to all sales of units pursuant to purchase agreements entered into after July 1, 1990, in condominiums created before July 1, 1990, in which as of July 1, 1990, the declarant or an affiliate of the declarant owns or had the right to create at least ten units constituting at least twenty percent of the units in the condominium."

Representatives J. Kohl and Forner spoke in favor of adoption of the amendment and it 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 J. Kohl spoke in favor of passage of the bill.

On motion of Representative Wood, Representative Talcott was excused.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2009.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 2009 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, 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, Miller, 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, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Talcott - 1.

Engrossed House Bill No. 2009, having received the constitutional majority was declared passed.

HOUSE BILL NO. 1156, by Representatives H. Myers, Ludwig, Scott, Riley, Cothern, R. Meyers, L. Johnson and Ogden

Transferring county sheriff's office employees.

The bill was read the second time.

On motion of Representative H. Myers, Substitute House Bill No. 1156 was substituted for House Bill No. 1156 and the substitute bill was placed on the second reading calendar.

Substitute House Bill no. 1156 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 H. Myers 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. 1156.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1156 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, 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, Miller, 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, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Talcott - 1.

Substitute House Bill No. 1156, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1256, by Representatives Dellwo, Morris and Dyer; by request of Department of Health

Modifying disciplining of health professionals under the uniform disciplinary act.

The bill was read the second time. Committee on Health Care recommendation: Majority, do pass as amended. (For committee amendment see Journal, 45th Day, February 24, 1993.)

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

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

On page 3, after line 31, insert the following:

"Sec. 2. RCW 18.130.050 and 1987 c 150 s 2 are each amended to read as follows:

The disciplining authority has the following authority:

(1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this chapter;

(2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings as provided in this chapter;

(3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this chapter;

(4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;

(5) To compel attendance of witnesses at hearings;

(6) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews;

(7) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the disciplining authority;

(8) To use the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. However, the disciplining authority shall make the final decision regarding disposition of the license;

(9) To use individual members of the boards to direct investigations. However, the member of the board shall not subsequently participate in the hearing of the case;

(10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

(11) To contract with licensees or other persons or organizations to provide services necessary for the monitoring and supervision of licensees who are placed on probation, whose professional activities are restricted, or who are for any authorized purpose subject to monitoring by the disciplining authority;

(12) To adopt standards of professional conduct or practice;

(13) To grant or deny license applications, and in the event of a finding of unprofessional conduct by an applicant or license holder, to impose any sanction against a license applicant or license holder provided by this chapter;

(14) ((To enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant or license holder shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action;

(15))) To designate individuals authorized to sign subpoenas and statements of charges."

On page 3, line 34, after "finding" insert ", after hearing,"

On page 4, after line 25, insert the following:

"The licensee or applicant may enter into a stipulated disposition of charges that includes one or more of the sanctions of this section, but only after a statement of charges has been issued and the licensee has been afforded the opportunity for a hearing and has elected on the record to forego such a hearing. The stipulation shall either contain one or more specific findings of unprofessional conduct or inability to practice, or a statement by the licensee acknowledging that evidence is sufficient to justify one or more specified findings of unprofessional conduct or inability to practice. The stipulation entered into pursuant to this subsection shall be considered formal disciplinary action for all purposes."

On page 4, after line 25, insert the following:

"NEW SECTION. Sec. 3. A new section is added to chapter 18.130 RCW to read as follows:

(1) Prior to serving a statement of charges under RCW 18.130.090 or 18.130.170, the disciplinary authority may furnish a statement of allegations to the licensee or applicant along with a detailed summary of the evidence relied upon to establish the allegations and a proposed stipulation for informal resolution of the allegations. These documents shall be exempt from public disclosure until such time as the allegations are resolved either by stipulation or otherwise.

(2) The disciplinary authority and the applicant or licensee may stipulate that the allegations may be disposed of informally in accordance with this subsection. The stipulation shall contain a statement of the facts leading to the filing of the complaint; the act or acts of unprofessional conducted alleged to have been committed or the alleged basis for determining that the applicant or licensee is unable to practice with reasonable skill and safety; a statement that the stipulation is not to be construed as a finding of either unprofessional conduct or inability to practice; an acknowledgement that a finding of unprofessional conduct or inability to practice, if proven, constitutes grounds for discipline under this chapter; and an agreement on the part of the licensee or applicant that the sanctions set forth in RCW 18.130.160, except RCW 18.130.160 (1), (2), (6), and (8), may be imposed as part of the stipulation, except that no fine may be imposed but the licensee or applicant may agree to reimburse the disciplinary authority the costs of investigation and processing the complaint up to an amount not exceeding one thousand dollars per allegation; and an agreement on the part of the disciplinary authority to forego further disciplinary proceedings concerning the allegations. A stipulation entered into pursuant to this subsection shall not be considered formal disciplinary action.

(3) If the licensee or applicant declines to agree to disposition of the charges by means of a stipulation pursuant to subsection (2) of this section, the disciplinary authority may proceed to formal disciplinary action pursuant to RCW 18.130.090 or 18.130.170.

(4) Upon execution of a stipulation under subsection (2) of this section by both the licensee or applicant and the disciplinary authority, the complaint is deemed disposed of and shall become subject to public disclosure on the same basis and to the same extent as other records of the disciplinary authority. Should the licensee or applicant fail to pay any agreed reimbursement within thirty days of the date specified in the stipulation for payment, the disciplinary authority may seek collection of the amount agreed to be paid in the same manner as enforcement of a fine under RCW 18.130.165."

On page 15, after line 15, insert the following:

"Sec. 18. RCW 18.130.180 and 1991 c 332 s 34 and 1991 c 215 c 3 are each reenacted and amended to read as follows:

The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter:

(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession, whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;

(2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;

(3) All advertising which is false, fraudulent, or misleading;

(4) Incompetence, negligence, or malpractice which results in injury to a patient or which creates an unreasonable risk that a patient may be harmed. The use of a nontraditional treatment by itself shall not constitute unprofessional conduct, provided that it does not result in injury to a patient or create an unreasonable risk that a patient may be harmed;

(5) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

(6) The possession, use, prescription for use, or distribution of controlled substances or legend drugs in any way other than for legitimate or therapeutic purposes, diversion of controlled substances or legend drugs, the violation of any drug law, or prescribing controlled substances for oneself;

(7) Violation of any state or federal statute or administrative rule regulating the profession in question, including any statute or rule defining or establishing standards of patient care or professional conduct or practice;

(8) Failure to cooperate with the disciplining authority by:

(a) Not furnishing any papers or documents;

(b) Not furnishing in writing a full and complete explanation covering the matter contained in the complaint filed with the disciplining authority; or

(c) Not responding to subpoenas issued by the disciplining authority, whether or not the recipient of the subpoena is the accused in the proceeding;

(9) Failure to comply with an order issued by the ((disciplining)) disciplinary authority or ((an assurance of discontinuance)) a stipulation for informal disposition entered into with the ((disciplining)) disciplinary authority;

(10) Aiding or abetting an unlicensed person to practice when a license is required;

(11) Violations of rules established by any health agency;

(12) Practice beyond the scope of practice as defined by law or rule;

(13) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

(14) Failure to adequately supervise auxiliary staff to the extent that the consumer's health or safety is at risk;

(15) Engaging in a profession involving contact with the public while suffering from a contagious or infectious disease involving serious risk to public health;

(16) Promotion for personal gain of any unnecessary or inefficacious drug, device, treatment, procedure, or service;

(17) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;

(18) The procuring, or aiding or abetting in procuring, a criminal abortion;

(19) The offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine, or the treating, operating, or prescribing for any health condition by a method, means, or procedure which the licensee refuses to divulge upon demand of the disciplining authority;

(20) The willful betrayal of a practitioner-patient privilege as recognized by law;

(21) Violation of chapter 19.68 RCW;

(22) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the disciplining authority or its authorized representative, or by the use of threats or harassment against any patient or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

(23) Current misuse of:

(a) Alcohol;

(b) Controlled substances; or

(24) Abuse of a client or patient or sexual contact with a client or patient;

(25) Acceptance of more than a nominal gratuity, hospitality, or subsidy offered by a representative or vendor of medical or health-related products or services intended for patients, in contemplation of a sale or for use in research publishable in professional journals, where a conflict of interest is presented, as defined by rules of the disciplining authority, in consultation with the department, based on recognized professional ethical standards."

Representatives Appelwick, Padden, Morris and Dyer spoke in favor of adoption of the amendment and the amendment was adopted.

The bill was ordered engrossed.

With consent of the House, further consideration of Engrossed House Bill No. 1256 was deferred.

HOUSE BILL NO. 1507, by Representatives Zellinsky, Ballard, Chappell, Van Luven, R. Johnson, Campbell, R. Meyers, Springer and Sheldon

Penalizing owners of abandoned, unauthorized, or junk vehicles.

The bill was read the second time.

On motion of Representative R. Fisher, Substitute House Bill No. 1507 was substituted for House Bill No. 1507 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1507 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 Zellinsky and Schmidt spoke in favor of passage of the bill and Representative Fuhrman spoke against it.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1507.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1507 and the bill passed the House by the following vote: Yeas - 92, Nays - 5, 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, Ludwig, Mastin, Meyers, R., Mielke, Miller, 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, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.

Voting nay: Representatives Fuhrman, Long, Morton, Padden and Stevens - 5.

Excused: Representative Talcott - 1.

Substitute House Bill No. 1507, having received the constitutional majority, was declared passed.

With the consent of the House, the House resumed consideration on Engrossed House Bill No. 1256 on today's second reading calendar.

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

Representatives Appelwick 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 Engrossed House Bill No. 1256.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1256, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, 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, Miller, 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, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Talcott - 1.

Engrossed House Bill No. 1256, having received the constitutional majority, was declared passed.

MOTIONS

On motion of Representative Sheldon, the House deferred consideration of House Bill No. 1653 and House Bill No. 1695 and they hold their place on the second reading calendar.

Representative Sheldon moved that the House immediately consider House Bill No. 1731 on the second reading calendar. The motion was carried.

HOUSE BILL NO. 1731, by Representatives Jones, Chandler, Kessler and Brumsickle

Exempting certain public works involving electrical generating systems from bid laws.

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 Jones 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. 1731.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1731 and the bill passed the House by the following vote: Yeas - 89, Nays - 8, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, 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, Stevens, Tate, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.

Voting nay: Representatives Cooke, Fuhrman, Horn, Morton, Padden, Thomas, Vance and Van Luven - 8.

Excused: Representative Talcott - 1.

House Bill No. 1731, having received the constitutional majority, was declared passed.

With consent of the House, consideration of House Bill No. 1845 was deferred and it held its place on the second reading calendar.

MOTION

On motion of Representative Sheldon, the House resumed consideration of House Bill No. 1653 and House Bill No. 1695.

HOUSE BILL NO. 1653, by Representatives King, Lisk, G. Cole and Fuhrman

Regulating vocational rehabilitation services in industrial insurance.

The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass. Committee on Appropriations recommendation: Majority, do pass substitute. (For committee amendment see Journal, 57th Day, March 8, 1993.)

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

Representative King moved adoption of the following amendment by Representatives King, Lisk and Heavey

On page 3, line 17, after "criteria." insert "Organizations to which referrals are made may include administrative entities of service delivery areas as established under the federal job training partnership act if the entities meet minimum standards established by the department."

Representative King spoke in favor of the amendment and it 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.

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 Engrossed House Bill No. 1653.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1653 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, 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, Miller, 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, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Talcott - 1.

Engrossed House Bill No. 1653, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1695, by Representatives G. Fisher, Heavey, Valle, Patterson and H. Myers

Changing provisions relating to port districts.

The bill was read the second time.

Representative G. Fisher moved adoption of the following amendment by Representative G. Fisher:

On page 1, line 13, strike "((having a population of five hundred thousand or more))" and insert "and having a population of less than five hundred thousand or more than one million"

On page 2, line 1, after "district" insert "that is required to be divided into commissioner districts"

On page 2, line 19, strike "five hundred thousand" and insert "one million"

Representative G. Fisher spoke in favor of the amendment and it 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.

Representatives G. Fisher, Brough and Patterson spoke in favor of passage of the bill and Representative Edmondson spoke against it.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1695.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1695 and the bill passed the House by the following vote: Yeas - 70, Nays - 27, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brough, Brown, Campbell, Casada, Chandler, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Dyer, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Scott, Sheldon, Shin, Sommers, Springer, Tate, Thibaudeau, Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 70.

Voting nay: Representatives Ballard, Ballasiotes, Brumsickle, Carlson, Cooke, Edmondson, Foreman, Forner, Fuhrman, Horn, Kohl, J., Long, Mielke, Miller, Morton, Padden, Rust, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Thomas, Vance, Wood and Zellinsky - 27.

Excused: Representative Talcott - 1.

Engrossed House Bill No. 1695, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1845, by Representatives Lemmon, Locke, R. Fisher, Forner, J. Kohl, Orr, Hansen, R. Meyers, Edmondson, Eide, Rayburn, Grant, Johanson, Leonard and Brough

Modifying certain horse racing purses.

With consent of the House, consideration of House Bill No. 1845 was deferred and it held its place on the second reading calendar.

HOUSE BILL NO. 1877, by Representatives Flemming, Eide, Mastin and Morris

Providing for examination of nursing home care and charges.

The bill was read the second time.

On motion of Representative L. Johnson, Substitute House Bill No. 1877 was substituted for House Bill No. 1877 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1877 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.

Representative Flemming 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. 1877.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1877 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, 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, Miller, 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, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Talcott - 1.

Substitute House Bill No. 1877, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1886, by Representatives Grant, Miller, Kessler, Horn, Kremen and Casada

Authorizing the board of boiler rules to prescribe extended inspection schedules for power boilers.

The bill was read the second time.

On motion of Representative Grant, Substitute House Bill No. 1886 was substituted for House Bill No. 1886 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1886 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 Grant 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 Substitute House Bill No. 1886.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1886 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, 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, Miller, 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, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Talcott - 1.

Substitute House Bill No. 1886, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2007, by Representatives Ogden, Wood and H. Myers

Allowing tax proceeds to be used for low-income housing.

On motion of Representative Zellinsky, Substitute House Bill No. 2007 was substituted for House Bill No. 2007 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2007 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.

Representative Ogden spoke in favor of passage of the bill and Representative Silver spoke against it.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2007.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 2007 and the bill passed the House by the following vote: Yeas - 60, Nays - 37, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Bray, Brown, Campbell, Carlson, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Fisher, G., Fisher, R., Flemming, Grant, 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, Rayburn, Riley, Romero, Rust, Scott, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 60.

Voting nay: Representatives Ballard, Ballasiotes, Basich, Brough, Brumsickle, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Finkbeiner, Foreman, Forner, Fuhrman, Hansen, Heavey, Horn, Lisk, Long, Mielke, Miller, Morton, Padden, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Stevens, Tate, Thomas, Vance and Van Luven - 37.

Excused: Representative Talcott - 1.

Substitute House Bill No. 2007, having received the constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4003, by Representatives Mastin, Rayburn, Lisk, Sheahan, Grant, Bray, Ludwig, Chandler, Schoesler, Ballard, Foreman, Roland, Edmondson, Lemmon and Hansen

Concerning the preservation of salmon.

The memorial was read the second time.

Representative Mastin moved adoption of the following amendment by Representatives Mastin Grant, Schoesler and Sheahan:

On page 2, after line 8, strike all material through line 24 and insert the following:

"WHEREAS, There is continued uncertainty regarding the extent of biological benefits to salmon of some proposed solutions, including increased stream velocity; and

WHEREAS, Drawdowns below minimum operating pool on the Snake River, demonstrated by the test drawdowns conducted in March 1992 for the limited purpose of evaluating impacts to physical structures and facilities, provided limited migration benefits for the salmon, caused the loss of as many as thirty thousand resident fish, disrupted navigation, and caused substantial physical property damage to public and private facilities; and

WHEREAS, Maintaining reservoir levels at minimum operating pool and, in the absence of modifications to existing irrigation pump stations, at minimum irrigation pool on the John Day reservoir, enables the river system to support critical economic activity;

NOW, THEREFORE, Your Memorialists respectfully pray that any future drawdowns on the Columbia-Snake River system be limited to minimum operating pool on the Snake River projects or minimum operating pool coupled with irrigation pump modification on the John Day reservoir unless, based on and supported by the best available scientific knowledge, further drawdowns are determined to be a biologically prudent alternative and, where equally effective alternative means of achieving the same sound biological objective exist, are the alternative with the minimum economic cost; and"

Representatives Mastin and Sheahan spoke in favor of adoption of the amendment and it was adopted.

The memorial was ordered engrossed.

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

Representatives Mastin and Sheahan spoke in favor of passage of the memorial.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Joint Memorial No. 4003.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Joint Memorial Bill No. 4003, and the memorial passed the House by the following vote: Yeas - 97, Nays - 0, 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, Miller, 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, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Talcott - 1.

Engrossed House Joint Memorial No. 4003, having received the constitutional majority, was declared passed.

MOTION

Representative Sheldon moved that the House immediately consider the following bills in the following order: House Bill No. 1481 and House Bill No. 2047. The motion was carried.

MESSAGE FROM THE SENATE

March 15, 1993

Mr. Speaker:

The Senate has passed:

ENGROSSED SENATE BILL NO. 5120,

SENATE BILL NO. 5164,

SUBSTITUTE SENATE BILL NO. 5263,

SENATE BILL NO. 5385,

SUBSTITUTE SENATE BILL NO. 5483,

SECOND SUBSTITUTE SENATE BILL NO. 5511,

SENATE BILL NO. 5638,

ENGROSSED SENATE BILL NO. 5831,

SENATE BILL NO. 5903,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5911,

ENGROSSED SENATE BILL NO. 5917,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5948,

the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

HOUSE BILL NO. 1481, by Representatives G. Fisher, Foreman, Wang and Quall; by request of Department of Revenue

Modifying taxation of ships and vessels.

The bill was read the second time. Committee on Revenue recommendation: Majority, do pass as amended. (For amendment see Journal, 50th Day, March 1, 1993.)

Representative G. Fisher moved 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.

Representatives G. Fisher and Foreman 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 Engrossed House Bill No. 1481.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1481 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, 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, Miller, 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, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Talcott - 1.

Engrossed House Bill No. 1481, having received the constitutional majority, was declared passed.

SPEAKER'S PRIVILEGE

The Speaker (Representative R. Meyers presiding) introduced Mr. John Allen Donnely, a British Member of the European Parliament. Mr. Donnely briefly addressed the members of the House of Representatives.

HOUSE BILL NO. 2047, by Representatives Anderson, Wang, Reams, Veloria, Valle, R. Fisher, Springer, Orr and Conway; by request of Department of General Administration

Providing consolidated mail service for state agencies.

The bill was read the second time. On motion of Representative Anderson, Substitute House Bill No. 2047 was substituted for House Bill No. 2047 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2047 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 Anderson and Reams spoke in favor of passage of the bill and Representative Romero spoke against it.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2047.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 2047 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, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Voting nay: Representative Romero - 1.

Excused: Representative Talcott - 1.

Substitute House Bill No. 2047, having received the constitutional majority, was declared passed.

MOTION

Representative Sheldon moved that the House immediately consider the following bills in the following order: House Bill No. 1527, House Bill No. 1733 and House Bill No. 1739. The motion was carried.

HOUSE BILL NO. 1527, by Representatives Linville and Locke; by request of Office of Financial Management

Modifying funding of the dependent care program.

The bill was read the second time. On motion of Representative Valle, Substitute House Bill No. 1527 was substituted for House Bill No. 1527 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1527 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 Linville and Silver 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. 1527.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1527 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, 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, Miller, 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, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Talcott - 1.

Substitute House Bill No. 1527, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1733, by Representatives Linville, Reams, Brumsickle, Anderson, Pruitt, Kremen, Wolfe, Sommers, Ballard, Peery, Jones, King, Basich, Roland, G. Fisher, L. Johnson, Romero, Lemmon, Ogden, Karahalios, Eide and H. Myers; by request of Productivity Board

Clarifying productivity awards programs.

The bill was read the second time. On motion of Representative Anderson, Substitute House Bill No. 1733 was substituted for House Bill No. 1733 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1733 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 Linville 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 Substitute House Bill No. 1733.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1733 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, 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, Miller, 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, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Talcott - 1.

Substitute House Bill No. 1733, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1739, by Representatives Finkbeiner, Dyer, Heavey, Quall, Cothern, Johanson, Springer, Brumsickle, Schoesler, Dunshee, H. Myers, Sheldon, Romero, Pruitt, G. Fisher, Orr, Roland, Lemmon and Anderson

Creating the citizen suggestion program.

The bill was read the second time. Committee on State Government recommendation: Majority, do pass substitute. Committee on Appropriations recommendation: Majority, do pass substitute by Committee on State Government as amended by Committee on Appropriations. (For committee amendments see Journal 57th Day, March 8, 1993.)

On motion of Representative Anderson, Substitute House Bill No. 1739 was substituted for House Bill No. 1739 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1739 was read the second time.

Representative Valle moved 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 Finkbeiner 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 Engrossed Substitute House Bill No. 1739.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1739 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, 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, Miller, 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, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Talcott - 1.

Engrossed Substitute House Bill No. 1739, having received the constitutional majority, was declared passed.

MOTION

Representative Sheldon moved that the House immediately consider House Bill No. 1258 on the second reading calendar. The motion was carried.

HOUSE BILL NO. 1258, by Representative Rayburn

Modifying water rights claims provision.

The bill was read the second time. On motion of Representative Rayburn, Substitute House Bill No. 1258 was substituted for House Bill No. 1258 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1258 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 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. 1258.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1258 and the bill passed the House by the following vote: Yeas - 75, Nays - 23, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Conway, Cooke, Dellwo, Dorn, Dyer, Edmondson, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Horn, Jacobsen, Johnson, L., Johnson, R., Karahalios, Kessler, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Ludwig, Mastin, Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, Valle, Vance, Van Luven, Wineberry, Wood, Zellinsky and Mr. Speaker - 75.

Voting nay: Representatives Cole, G., Cothern, Dunshee, Eide, Holm, Johanson, Jones, King, Locke, Long, Meyers, R., Miller, Pruitt, Quall, Riley, Romero, Rust, Scott, Sheldon, Thibaudeau, Veloria, Wang and Wolfe - 23.

Substitute House Bill No. 1258, having received the constitutional majority, was declared passed.

MOTION

Representative Sheldon moved that the House immediately consider House Joint Memorial No. 4204 on today's second reading calendar. The motion was carried.

HOUSE JOINT RESOLUTION NO. 4204, by Representatives G. Cole, Brough, Flemming, Dorn, Peery, Karahalios, Rust, Sheldon, Jones, Chappell, Holm, Shin, R. Johnson, Johanson, J. Kohl, Springer, Cooke, Wood, Lemmon, Jacobsen, Wang, Leonard, Quall, Brumsickle, Thomas, H. Myers, Rayburn and King; by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction

Amending the Constitution to provide for a simple majority of electors voting to authorize school district and library district levies and bonds.

The resolution was read the second time.

On motion of Representative Dorn, Substitute House Joint Resolution No. 4204 was substituted for House Joint Resolution No. 4204 and the substitute resolution was placed on the second reading calendar.

Substitute House Joint Resolution No. 4204 was read the second time.

Representative Dorn moved the following amendment by Representatives G. Cole and Dorn:

On page 2, line 4, after "proposed" insert "initial"

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

Representative Thomas moved the following amendment by Representative Thomas:

On page 2, line 28, after "proposition" insert "when the number of electors voting on the proposition is not less than fifteen per centum of the total number of the registered voters in such taxing district"

On page 3, line 12, after "proposition" insert "when the number of electors voting on the proposition is not less than fifteen per centum of the total number of the registered voters in such taxing district"

Representatives Thomas, Vance and Padden spoke in favor of adoption of the amendment and Representatives Dorn and G. Cole spoke against it.

The Speaker called upon the House to divide. The result of the division was YEAS; 35 NAYS 62. The amendment was not adopted.

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

On page 3, line 20, strike "school district," and insert "((school district,))"

On page 3, line 23, strike "school district," and insert "((school district,))"

On page 3, line 31, after "PROVIDED:" insert "That the assent necessary to authorize a school district to incur such debt shall be a majority vote: PROVIDED FURTHER,"

On page 4, line 1, beginning with "((with" strike all matter through "districts" on line 5, and insert " with ((such)) majority assent"

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

With the consent of the House, Representative Dorn withdrew amendment No. 67.

Representative Locke moved the following amendment by Representatives Locke, Peery and Sommers:

On page 3, line 9, after "proposition" strike all material through "proposition" on line 12 and insert "by a school district or library district to issue bonds with a term of nine years or less, and to pay the principal and interest on the bonds by an annual tax levy during the term of the bonds in excess of the limitation provided in this section, shall be authorized by a majority of the voters voting on the proposition"

Representative Locke moved the following amendment to the amendment by Representatives Dorn and Locke:

On page 1, at the beginning of line 5 of the amendment, strike "or library district"

Representative Locke spoke in favor of the amendment to the amendment and it was adopted.

Representative Locke spoke in favor of the amendment as amended and it was adopted.

The resolution 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.

Representatives G. Cole, Brough, Wineberry, Dorn, G. Fisher, Foreman and Orr spoke in favor of passage of the resolution and Representatives Miller, Schoesler, and Vance spoke against it.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Joint Resolution No. 4204.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Joint Resolution No. 4204 and the bill passed the House by the following vote: Yeas - 78, Nays - 20, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, 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, Roland, Romero, Rust, Scott, Sehlin, Sheldon, Shin, Sommers, Springer, Talcott, Thibaudeau, Thomas, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 78.

Voting nay: Representatives Ballard, Ballasiotes, Casada, Chandler, Fuhrman, Horn, Lisk, Mielke, Miller, Morton, Padden, Reams, Schmidt, Schoesler, Sheahan, Silver, Stevens, Tate, Vance and Van Luven - 20.

Engrossed Substitute House Joint Resolution No. 4204, having received the constitutional majority, was declared passed.

MOTION

Representative Sheldon moved that the House consider House Bill No. 1298, House Bill No. 1845 and House Bill No. 1493. The motion was carried.

HOUSE BILL NO. 1298, by Representatives G. Cole, Brough, Flemming, Dorn, Peery, Karahalios, Pruitt, Rust, Cothern, Jones, Long, Chappell, Holm, Eide, Linville, Johanson, Foreman, Riley, J. Kohl, Springer, Cooke, Wood, Lemmon, Jacobsen, Wang, Leonard, Carlson, Brumsickle, Thomas, H. Myers, Rayburn and Orr; by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction

Providing for a simple majority of electors voting to authorize school district and library district levies and bonds.

The bill was read the second time.

On motion of Representative Dorn, Substitute House Bill No. 1298 was substituted for House Bill No. 1298 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1298 was read the second time.

Representative Dorn moved the following amendment by Representative Dorn:

On page 1, beginning on line 5, strike all of section 1

On page 5, after line 19, insert:

"NEW SECTION. Sec. 6. RCW 28A.530.020 and 1990 c 33 s 478, 1984 c 186 s 11, 1970 ex.s. c 42 s 9, & 1969 ex.s. c 223 s 28A.51.020 are each repealed."

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

Representative Dorn moved the following amendment by Representative Dorn:

On page 3, line 4, after "school districts" strike "and library districts"

On page 3, beginning on line 13, strike all of section 5

On page 4, beginning on line 14, after "therein" strike all matter through "district" on line 19

On page 5, line 23, after "school district and" strike "and library district"

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

With the consent of the House, Representative Dorn withdrew amendment No. 179.

Representative Locke moved that the following amendment by Representatives Locke, Sommers and Dorn:

On page 3, line 4, after "that" strike all material through "election" on line 6 and insert "a proposition by a school district or library district to issue bonds with a term of nine years or less, and to pay the principal and interest on the bonds by annual tax levies during the term of the bonds in excess of the limitation contained in RCW 84.52.043 and 84.52.050 through 84.52.056, shall receive a majority of the voters voting on the proposition"

Representative Locke moved that the following amendment to the amendment by Representatives Dorn and Locke:

On page 1, at the beginning of line 5 of the amendment, strike "or library district"

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

Representative Locke spoke in favor of adoption of the amendment as amended and it was adopted.

With the consent of the House, Representative Thomas withdrew amendment No. 33.

Representative Dorn moved the following amendment by Representative Dorn:

On page 5, after line 19, insert the following:

"NEW SECTION. Sec. 7. 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."

Representative Dorn spoke in favor of adoption of the amendment and it 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.

Representatives G. Cole 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 Engrossed Substitute House Bill No. 1298.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1298 and the bill passed the House by the following vote: Yeas - 77, Nays - 21, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Scott, Sehlin, Sheldon, Shin, Sommers, Springer, Talcott, Thibaudeau, Thomas, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 77.

Voting nay: Representatives Ballard, Ballasiotes, Casada, Chandler, Fuhrman, Horn, Lisk, Mielke, Miller, Morris, Morton, Padden, Reams, Schmidt, Schoesler, Sheahan, Silver, Stevens, Tate, Vance and Van Luven - 21.

Engrossed Substitute House Bill No. 1298, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1845, by Representatives Lemmon, Locke, R. Fisher, Forner, J. Kohl, Orr, Hansen, R. Meyers, Edmondson, Eide, Rayburn, Grant, Johanson, Leonard and Brough

Modifying certain horse racing purses.

The bill was read the second time.

Representative Silver moved the following amendment by Representatives Silver and Dellwo:

On page 1, line 9, after "Washington." insert "It is recognized by the Washington Legislature that the enhancement in purses provided in this legislation will not directly benefit all race tracks in Washington. It is the Legislature's intent that the Horse Racing Commission work with the horse racing community to ensure that this opportunity for increased purses will not inadvertently injure horse racing at tracks not directly benefiting from this legislation."

Representatives Silver and Lemmon spoke in favor of adoption of the amendment and it was adopted.

Representative Lisk moved the following amendment by Representatives Lisk, Heavey, Lemmon and G. Fisher:

On page 2, after line 33, insert the following:

"(5) Provided that the additional one and one-quarter percent of the monies allowed to be retained by this act must be used for increased purses. The commission shall adopt such rules as may be necessary to enforce this subsection."

Representative Lisk spoke in favor of adoption of the amendment and it 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 Lemmon 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 Engrossed House Bill No. 1845.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1845 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Engrossed House Bill No. 1845, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1493, by Representatives Wineberry, Forner, Shin, Sheldon, Leonard, Basich, Locke, J. Kohl, Morris and Anderson

Assisting minority and women-owned businesses.

The bill was read the second time. Committee on Trade, Economic Development & Housing recommendation: Majority, do pass substitute. Committee on Appropriations recommendation: Majority, do pass substitute by Committee on Trade, Economic Development & Housing as amended by Committee on Appropriations. (For committee amendment see Journal 57th Day, March 8, 1993.)

On motion of Representative Wineberry, Substitute House Bill No. 1493 was substituted for House Bill No. 1493 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1493 was read the second time.

Representative Valle moved the committee amendment not be adopted. The amendment was not adopted.

Representative Wineberry moved the following amendment by Representatives Wineberry, Wang, Miller, Chandler, J. Kohl, Forner and Shin:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. INTENT. It is the intent of the legislature to combat discrimination in the economy.

(1) The legislature finds that discrimination is in part responsible for:

(a) The disproportionately small percentage of the state's businesses that are owned by minorities and women;

(b) The limited and unequal opportunity minority and women entrepreneurs and business owners have to procure small business financing; and

(2) The legislature further finds that:

(a) Many minority and women entrepreneurs and business owners lack training in how to establish and operate a business. This lack of training inhibits their competitiveness when they apply for business loans, bonds, and contracts;

(b) Minorities and women are an increasingly expanding portion of the population and work force. In order for these individuals to fully contribute to the society and economy it is necessary to ensure that minority and women entrepreneurs and business owners are provided an equal opportunity to procure small business financing, bonds, and contracts; and

(c) The growth of small businesses will have a favorable impact on the Washington economy by creating jobs, increasing competition in the marketplace, and expanding tax revenues. Access to financial markets, bonds, and contracts by entrepreneurs and small business owners is vital to this process. Without reasonable access to financing, bonds, and contracts, talented and aggressive entrepreneurs and small business owners are cut out of the economic system and the state's economy suffers.

(3) Therefore, the legislature declares there to be a substantial public purpose in providing technical assistance in the areas of marketing, finance, and management, and access to capital resources, bonds, and contracts, to help start or expand a minority or women-owned business, and specifically to encourage and make possible greater participation by minorities and women in international trade, public works and construction, and public facility concessions. To accomplish these purposes, it is the intent of the legislature to:

(a) Develop or contract for training courses in financing, marketing, managing, accounting, and recordkeeping for a small business and to make these programs available to minority and women entrepreneurs and small business owners;

(b) Make public works and construction projects, public facility concessions, and purchase of goods and services accessible to a greater number of minority and women-owned businesses;

(c) Provide for the lending of nonstate funds to qualified minority and women entrepreneurs and business owners in order to provide the maximum practicable opportunity for innovative minority and women entrepreneurs and business owners to compete for small business financing; and

(d) Provide professional services assistance grants and bond guarantees on behalf of qualified contractors in order to provide the maximum practicable opportunity for minority and women-owned contracting businesses to participate in the Washington state economy by bidding and completing various public and private contracting jobs.

NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Minority" means persons of color, including African-Americans, Hispanic/Latino Americans, Native Americans, and Asian/Pacific Islanders Americans;

(2) "Minority and women-owned business" means any resident minority business enterprise or women's business enterprise, certified as such by the office of minority and women's business enterprises under chapter 39.19 RCW and consistent with subsection (1) of this section.

I. EDUCATION AND TECHNICAL ASSISTANCE

Sec. 3. RCW 43.31.085 and 1989 c 430 s 2 are each amended to read as follows:

MARKETING, FINANCE, AND MANAGEMENT ASSISTANCE. The business assistance center shall:

(1) Serve as the state's lead agency and advocate for the development and conservation of businesses.

(2) Coordinate the delivery of state programs to assist businesses.

(3) Provide comprehensive referral services to businesses requiring government assistance.

(4) Serve as the business ombudsman within state government and advise the governor and the legislature of the need for new legislation to improve the effectiveness of state programs to assist businesses.

(5) Aggressively promote business awareness of the state's business programs and distribute information on the services available to businesses.

(6) Develop, in concert with local economic development and business assistance organizations, coordinated processes that complement both state and local activities and services.

(7) ((The business assistance center shall)) Work with other federal, state, and local agencies and organizations to ensure that business assistance services including small business, trade services, and distressed area programs are provided in a coordinated and cost-effective manner.

(8) Provide or contract for technical assistance to minority and women-owned business enterprises in a variety of areas, including, but not limited to, marketing, finance, bidding and estimating assistance, public contracting assistance, and management.

(9) In collaboration with the child care coordinating committee in the department of social and health services, prepare and disseminate information on child care options for employers and the existence of the program. As much as possible, and through interagency agreements where necessary, such information should be included in the routine communications to employers from (a) the department of revenue, (b) the department of labor and industries, (c) the department of community development, (d) the employment security department, (e) the department of trade and economic development, (f) the small business development center, and (g) the department of social and health services.

(((9))) (10) In collaboration with the child care coordinating committee in the department of social and health services, compile information on and facilitate employer access to individuals, firms, organizations, and agencies that provide technical assistance to employers to enable them to develop and support child care services or facilities.

(((10))) (11) Actively seek public and private money to support the child care facility fund described in RCW 43.31.502, staff and assist the child care facility fund committee as described in RCW 43.31.504, and work to promote applications to the committee for loan guarantees, loans, and grants.

Sec. 4. RCW 43.31.055 and 1985 c 466 s 6 are each amended to read as follows:

EXPORT ASSISTANCE. The department shall assist in expanding the state's role as a major international gateway for landing and transshipping goods bound for domestic and foreign markets. The department shall identify and work with Washington businesses, especially women and minority-owned businesses and ethnic community-based organizations, which can utilize state assistance to increase domestic and foreign exports and are capable of increasing production of goods and services, including but not limited to manufactured goods, raw materials, services, and retail trade. The department shall participate in trade and industry exhibitions both foreign and domestic to promote and market state products and services. The department's activities shall include, but not be limited to:

(1) Operating an active and vigorous effort to market the state's products and services internationally, coordinated with private and public international trade efforts throughout the state.

(2) Coordinating with the domestic and foreign export market development activities of the state department of agriculture.

(3) Sending delegations to foreign countries and other states to promote trade with Washington.

(4) Acting as a centralized location for the assimilation and distribution of trade information.

(5) Identifying domestic and international markets in which minority and women-owned businesses may have an advantage and providing technical assistance to develop capacity for minority and women-owned businesses to participate in international trade.

NEW SECTION. Sec. 5. A new section is added to chapter 43.210 RCW to read as follows:

The small business export finance assistance center shall develop a minority business export outreach program. The program shall provide outreach services to minority businesses in Washington to inform them of the importance of and opportunities in international trade, and to inform them of the export assistance programs available to assist these businesses to become exporters.

NEW SECTION. Sec. 6. A new section is added to chapter 43.31 RCW to read as follows:

ENTREPRENEURIAL TRAINING COURSES. The department of trade and economic development shall contract with public and private agencies, institutions, and organizations to conduct entrepreneurial training courses for minority and women-owned small businesses. The instruction shall be intensive, practical training courses in financing, marketing, managing, accounting, and recordkeeping for a small business, with an emphasis on federal, state, local, or private programs available to assist small businesses. The business assistance center may recommend professional instructors, with practical knowledge and experience on how to start and operate a business, to teach the courses. Instruction shall be offered in major population centers throughout the state at times and locations which are convenient for minority and women small business owners and entrepreneurs.

NEW SECTION. Sec. 7. If specific funding for the purposes of sections 5 and 6 of this act, referencing sections 5 and 6 of this act by bill and section numbers, is not provided by June 30, 1993, in the omnibus appropriations act, sections 5 and 6 of this act are null and void.

II. FAIRNESS IN CONTRACTING AND CONCESSIONS

Sec. 8. RCW 39.19.060 and 1983 c 120 s 6 are each amended as follows:

Each state agency and educational institution shall comply with the annual goals established for that agency or institution under this chapter for public works and procuring goods or services. This chapter applies to all public works and procurement by state agencies and educational institutions, including all contracts and other procurement under chapters 28B.10, 39.04, 39.29, 43.19, and 47.28 RCW. Each state agency shall adopt a plan, developed in consultation with the director and the advisory committee, to insure that minority and women-owned businesses are afforded the maximum practicable opportunity to directly and meaningfully participate in the execution of public contracts for public works and construction. In order to achieve the established participation goals, this plan shall include, but not be limited to, the agency contracting directly with certified minority and women-owned businesses for public works, construction, and goods and services. The office shall annually notify the governor, the state auditor, and the legislative budget committee of all agencies and educational institutions not in compliance with this chapter. NEW SECTION. Sec. 9. A new section is added to chapter 39.19 RCW to read as follows:

State agencies shall not require a performance bond for any public works project that does not exceed twenty-five thousand dollars awarded to a certified minority or woman-owned business.

III. LOAN FUND AND GUARANTEES

Sec. 10. 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. ((Four)) Five members of the committee constitute a quorum and ((four)) five 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. 11. 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 who do not meet the credit criteria, 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 provide referrals to credit rehabilitation services. In circumstances of competing applications, priority shall be given to members of eligible groups which previously have been least served by this fund.

NEW SECTION. Sec. 12. 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. 13. 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. 14. 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.

IV. BONDING ASSISTANCE

NEW SECTION. Sec. 15. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 16 through 25 of this act.

(1) "Approved surety company" means a surety company approved by the department for participation in providing direct bonding assistance to qualified contractors.

(2) "Bond" means any bond or security required for bid, payment, or performance of contracts.

(3) "Department" means the department of trade and economic development.

(4) "Program" means the Washington state small business bonding assistance program provided for in this chapter.

(5) "Qualified contractor" means any resident minority business enterprise or women's business enterprise, as determined by the department to be consistent with the requirements of chapter 39.19 RCW and engaged in the contracting business, which has obtained a certificate of accreditation from the Washington state small business bonding assistance program.

NEW SECTION. Sec. 16. PROGRAM ESTABLISHED. There is established within the department of trade and economic development the Washington state small business bonding assistance program to assist resident minority and women-owned small contracting businesses to acquire the managerial and financial skills, standards, and assistance necessary to enable them to obtain bid, payment, and performance bonds from surety companies for either advertised or designated contracts. The department shall implement the program by establishing a course of instruction as set forth in section 18 of this act. The department shall encourage surety companies and other private interests to help implement this course of instruction to assist minority and women-owned small contracting businesses. The department shall adopt rules to ensure the proper implementation of the program set forth in this chapter.

NEW SECTION. Sec. 17. ASSISTANCE. The department shall seek information, advice, and assistance from regional minority contractor organizations, and the United States small business administration and any other appropriate organization or agency.

The following departments, offices, and agencies shall, at the request of the department, provide information, advice, and assistance to the department:

(1) The department of general administration;

(2) The Washington state business assistance center;

(3) The office of the insurance commissioner;

(4) The Washington state economic development finance authority; and

(5) The office of minority and women's business enterprises.

NEW SECTION. Sec. 18. SPECIALIZED INSTRUCTION FOR SMALL CONTRACTING BUSINESSES. The business assistance center shall modify the entrepreneurial training course established in section 6 of this act in order to provide instruction which is appropriate to the specific needs of contracting businesses. This course of instruction shall be available to resident minority and women small business contractors. The instruction shall be intensive, practical training courses in financing, bidding for contracts, managing, accounting, and recordkeeping for a contracting business, with an emphasis on federal, state, local, or private programs available to assist small contractors. The business assistance center shall appoint professional instructors, with practical knowledge and experience in the field of small business contracting, to teach those courses developed to meet the specific needs of contracting businesses. Instruction shall be offered in major population centers throughout the state at times and locations which are convenient for people in the contracting business.

NEW SECTION. Sec. 19. ACCREDITATION OF SMALL CONTRACTING BUSINESSES. Any resident minority or woman small business contractor may select a key management employee or employees to attend any course of instruction established under section 6 of this act. When the records, maintained by the business assistance center, indicate that a key management employee of a small contracting business has attended all the courses offered, and has successfully completed any tests required, the department shall award the small contracting business a certificate of accreditation which acknowledges successful completion of the courses. The department may also award a certificate of accreditation if a review of the key management employee's education, experience, and business history indicates that the business already possesses the knowledge and skills offered through the course of instruction, or if the key management employee successfully completes all tests required of those who attend the entrepreneurial training course.

NEW SECTION. Sec. 20. PROFESSIONAL SERVICES ASSISTANCE--GRANTS. Any qualified contractor seeking a grant for professional services assistance may apply to the department. If approved, the department may enter into an agreement to provide a grant of up to two thousand five hundred dollars on behalf of a qualified contractor for the acquisition of the professional services of certified public accountants, construction management companies, or any other technical, surety, financial, or managerial professionals. This assistance is only available to a qualified contractor on a one-time basis.

NEW SECTION. Sec. 21. GRANT MONITORING. The department shall administer all grants issued to assist qualified contractors and shall monitor the performance of all grant recipients in order to provide such further assistance as is necessary to ensure that all program requirements are met and that the program's purpose is fulfilled. However, nothing in this chapter should be construed to restrict the rendering of program services to any qualified contractor over and above the services provided by the grant.

NEW SECTION. Sec. 22. BOND GUARANTEE APPLICATIONS. If a qualified contractor makes a bond application to an approved surety company for a public or private contracting job, but fails to obtain the bond because the contractor is unable to meet the requirements of the surety company on such bonding contracts, for reasons other than nonperformance, and if the approved surety company applies to the department to have the bond guaranteed by the program, then the department may provide a bond guarantee of up to seventy-five thousand dollars on behalf of the qualified contractor.

NEW SECTION. Sec. 23. BOND GUARANTEE APPROVAL. Upon receipt of an approved surety company's application for a bond guarantee, the department shall review the application in order to verify that:

(1) The bond being sought by the qualified contractor is needed;

(2) The contracting job is within the qualified contractor's capability to perform; and

(3) The qualified contractor has not been denied a bond due to nonperformance.

Based upon subsections (1) through (3) of this section, the department shall either approve or disapprove the application. If the application is approved, the department has the authority to enter into a contract with the approved surety company. Under the terms of this contract the approved surety company shall enter into a contract with, and issue the required bond to, the qualified contractor at the standard fees and charges usually made by the company for the type and amount of the bond issued. The bond issued by the approved surety company shall be guaranteed by money in the program fund. The approved surety company shall also agree to make a reasonable, good faith effort to pursue and collect any claims it may have against a qualified contractor who defaults on a bond guaranteed by the program, including, but not limited to, the institution of legal proceedings against the defaulting contractor, prior to collecting on the guarantee.

NEW SECTION. Sec. 24. PROGRAM FUND ESTABLISHED. The Washington state small business bonding assistance program fund is created in the state treasury. Any amounts appropriated, donated, or granted to the program shall be deposited and credited to the program fund. Moneys in the program fund may be spent only after appropriation. Expenditures from the program fund shall only be used as follows:

(1) To pay the implementation costs of the program provided for in this chapter;

(2) To be disbursed by the department to enable qualified contractors to obtain services provided for in this chapter; and

(3) To guarantee bonds issued pursuant to sections 22 and 23 of this act and to pay such bonds in the event of default by a qualified contractor.

However, the full faith and credit of the state of Washington shall not be used to secure the bonds and the state's liability shall be limited to the money appropriated by the legislature.

NEW SECTION. Sec. 25. FUND SUPPORT. The department shall solicit funds and support from surety companies and other public and private entities with an interest in assisting Washington's small business contractors and may enter into agreements with such companies and interests by which they provide funds to the program fund to be matched with funds from nonstate sources.

NEW SECTION. Sec. 26. The department may receive gifts, grants, and endowments from public or private sources that may be made from time to time, in trust or otherwise, for the use and benefit of the Washington state small business bonding assistance program and spend gifts, grants, endowments or any income from the public or private sources according to their terms.

NEW SECTION. Sec. 27. If specific funding for the purposes of sections 15 through 26 of this act, referencing sections 15 through 26 of this act by bill and section numbers, is not provided by June 30, 1993, in the omnibus appropriations act, sections 15 through 26 of this act are null and void.

V. MISCELLANEOUS

Sec. 28. RCW 43.31.091 and 1990 c 297 s 9 are each amended to read as follows:

The business assistance center and its powers and duties shall be terminated on June 30, ((1993)) 1995, as provided in RCW 43.31.092.

Sec. 29. RCW 43.31.092 and 1990 c 297 s 10 are each amended to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((1994)) 1996:

(1) Section 2, chapter 348, Laws of 1987 and RCW 43.31.083;

(2) Section 11, chapter 466, Laws of 1985, section 3, chapter 348, Laws of 1987, section 2, chapter 430, Laws of 1989 and RCW 43.31.085;

(3) Section 4, chapter 348, Laws of 1987 and RCW 43.31.087; and

(4) Section 5, chapter 348, Laws of 1987 and RCW 43.31.089.

NEW SECTION. Sec. 30. RCW 43.31.091 and 43.31.092 are each recodified as sections in chapter 41.131 RCW.

NEW SECTION. Sec. 31. This act may be known and cited as the omnibus minority and women-owned businesses assistance act.

NEW SECTION. Sec. 32. Sections 1, 2, and 15 through 26 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 33. CAPTIONS NOT LAW. Part headings and section captions as used in this act do not constitute part of the law.

NEW SECTION. Sec. 34. 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. 35. 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 July 1, 1993."

Representative Forner moved the following amendment to the amendment by Representative Forner:

On page 7 of the striking amendment, line 23, before "State" insert "(1)"

On page 7 of the striking amendment, line 25, after "business" insert "that has been prequalified as provided under subsection (2) of this section"

On page 7 of the striking amendment, after line 25, insert:

"(2) A limited prequalification questionnaire shall be required assuring:

(a) That the bidder has adequate financial resources or the ability to secure such resources;

(b) That the bidder can meet the performance schedule;

(d) That all equipment to be used is adequate and functioning and that all equipment operators are qualified to operate such equipment."

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

Representative Forner moved the following amendment to the amendment by Representative Forner:

On page 7, of the amendment, line 25, after "awarded to a" insert "pre-qualified and "

Representatives Forner and Wineberry spoke in favor of the amendment to the amendment and it was adopted.

Representative Wineberry spoke in favor of the amendment as amended and the amendment was adopted.

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

Representatives Wineberry, Forner and Wang spoke in favor of passage of the bill and Representative Silver 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. 1493.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1493 and the bill passed the House by the following vote: Yeas - 90, Nays - 8, Absent - 0, Excused - 0.

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, 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., Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 90.

Voting nay: Representatives Edmondson, Fuhrman, Lisk, Mielke, Morton, Padden, Riley and Silver - 8.

Engrossed Substitute House Bill No. 1493, having received the constitutional majority, was declared passed.

MESSAGE FROM THE SENATE

March 15, 1993

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 5077,

SENATE BILL NO. 5107,

ENGROSSED SENATE BILL NO. 5155,

SUBSTITUTE SENATE BILL NO. 5176,

SECOND SUBSTITUTE SENATE BILL NO. 5264,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5307,

SENATE BILL NO. 5349,

SUBSTITUTE SENATE BILL NO. 5368,

SUBSTITUTE SENATE BILL NO. 5397,

ENGROSSED SENATE BILL NO. 5534,

SUBSTITUTE SENATE BILL NO. 5537,

SENATE BILL NO. 5578,

SENATE BILL NO. 5597,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5682,

ENGROSSED SENATE BILL NO. 5729,

ENGROSSED SENATE BILL NO. 5768,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5778,

SUBSTITUTE SENATE BILL NO. 5829,

SENATE BILL NO. 5875,

SENATE BILL NO. 5905,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

MOTION

Representative Sheldon moved that the House consider the following bills in the following order: House Bill No. 1562, House Bill No. 1404 and House Bill No. 1743. The motion was carried.

HOUSE BILL NO. 1562, by Representatives Brown, Dellwo, H. Myers, Orr, Mastin and J. Kohl

Authorizing local governments to exceed statutory property tax limitations for the purpose of financing affordable housing for very low-income households.

The bill was read the second time. Committee on Local Government recommendation: Majority, do pass substitute. Committee on Revenue recommendation: Majority, do pass substitute by Committee on Local Government as amended by Committee on Revenue. (For committee amendment see Journal, 57th Day, March 8, 1993.)

On motion of Representative H. Myers, Substitute House Bill No. 1562 was substituted for House Bill No. 1562 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1562 was read the second time.

Representative G. Fisher moved 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.

Representatives Brown, Edmondson and H. Myers spoke in favor of passage of the bill and Representatives Horn, Van Luven and Tate 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. 1562.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1562 and the bill passed the House by the following vote: Yeas - 57, Nays - 41, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Bray, Brown, Cole, G., Conway, Cothern, Dellwo, Dunshee, Edmondson, Fisher, G., Fisher, R., Flemming, Grant, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Mielke, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Quall, Rayburn, Riley, Roland, Romero, Rust, Scott, Shin, Silver, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 57.

Voting nay: Representatives Ballard, Ballasiotes, Basich, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Dorn, Dyer, Eide, Finkbeiner, Foreman, Forner, Fuhrman, Hansen, Heavey, Horn, Karahalios, Lisk, Long, Miller, Morton, Padden, Pruitt, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 41.

Engrossed Substitute House Bill No. 1562, having received the constitutional majority, was declared passed.

The Speaker assumed the chair.

Representative Peery demanded a Call of the House and the demand was sustained.

The Clerk called the roll under the call of the House and all members were present.

The Speaker called on Representative Dorn to preside.

Representative King moved that the House proceed under the call of the House. The motion was carried.

The Speaker (Representative Dorn presiding) called the House to order.

Representative Peery moved that the House immediately consider House Bill No. 2054.

HOUSE BILL NO. 2054, by Representatives Peery, Reams, Anderson, Heavey, R. Fisher, G. Cole, Ogden and Lemmon; by request of Governor Lowry

Reforming public employment law.

The bill was read the second time. On motion of Representative Locke, Substitute House Bill No. 2054 was substituted for House Bill No. 2054 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2054 was read the second time.

Representative Pruitt moved the following amendment by Representative Pruitt:

On page 2, after line 12, insert the following new paragraph:

"The legislature also finds that the efficiency and effectiveness with which government services are provided to the public depends on the motivation of the state employee workforce and the leadership provided to it. In recent years, experience in the private sector has demonstrated that productivity in the modern world is enhanced by a workplace environment that has a clear and overall focus on serving the needs of customers, that empowers employees by involving them in the workplace decisions that historically have been considered the exclusive province of management, and that treat employees with fairness, respect, and dignity. It is imperative that the department of human resources created under this act and each state agency exercising powers under this act establish and implement policies that strive to provide such a workplace environment."

On page 32, line 25, after "diversity;" insert "empower employees by enabling them to share in workplace decision making and to be innovative, willing to take risks, and able to accept and deal with change; promote a workplace where the overall focus is on the recipient of the government services and how these services can be improved;"

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

Representative Anderson moved the following amendment by Representatives Anderson, Wolfe and Veloria:

On page 6, line 18, after "exceed" strike "two" and insert "one and one-half"

On page 9, line 26, after "seven))" strike "two" and insert "one and one-half"

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

Representative Locke moved the following amendment by Representatives Locke, Veloria and L. Johnson:

On page 13, line 12, after "((four))" strike "fourteen" and insert "nine"

On page 13, line 16, after "be certified" insert ". In addition, a certification shall include five additional names of members of protected groups who are on existing registers, taking into consideration the extent to which the protected group members are represented in the agency's workforce. More than five additional names per vacancy will be certified if there are protected group candidates with the same score as the lowest score to be certified"

On page 16, line 27, after "((four))" strike "fourteen" and insert "nine"

On page 16, line 31, after "be certified" insert ". In addition, a certification shall include five additional names of members of protected groups who are on existing registers, taking into consideration the extent to which the protected group members are represented in the agency's workforce. More than five additional names per vacancy will be certified if there are protected group candidates with the same score as the lowest score to be certified"

Representatives Locke and Veloria spoke in favor of adoption of the amendment and it was adopted.

Representative Wineberry moved the following amendment by Representatives Wineberry, Veloria, Miller and J. Kohl:

On page 13, line 16, after "be certified" insert ". In addition, when the vacancy to be filled is identified as part of an agency's affirmative action goals as established by its approved affirmative action plan, the director of human resources may refer up to fifteen additional names per vacancy of individuals who are on existing registers and who are members of protected groups. For the purposes of this subsection (2), "protected groups" means African Americans, Hispanic Americans, American Indians, Asian Americans, Filipinos, and all other racial minorities, disabled persons, women, Vietnam era veterans, and disabled veterans"

On page 16, on line 31, after "be certified" insert ". In addition, when the vacancy to be filled is identified as part of an agency's affirmative action goals as established by its approved affirmative action plan, the director of human resources may refer up to fifteen additional names per vacancy of individuals who are on existing registers and who are members of protected groups. For the purposes of this subsection (2), "protected groups" means African Americans, Hispanic Americans, American Indians, Asian Americans, Filipinos, and all other racial minorities, disabled persons, women, Vietnam era veterans, and disabled veterans"

Representative Wineberry spoke in favor of adoption of the amendment and Representative Heavey spoke against it. The amendment was not adopted.

Representative Anderson moved the following amendment by Representatives Anderson and Veloria:

On page 13, line 30, after "plans" insert ", to the extent that consideration of an approved affirmative action plan is not inconsistent with applicable precedent of the United States Supreme Court"

On page 16, line 9, after "transfer," insert "layoff and subsequent reemployment,"

On page 17, line 6, after "reemployment" strike all material through "plans" on line 8 and insert "((, both according to seniority))"

On page 19, line 35, after "transfer," strike "layoff and subsequent reemployment,"

On page 58, beginning on line 8, after "(a)" strike the remainder of subsection (a) and insert "Require that the factors to be considered in determining the order of layoffs and subsequent reemployment include both seniority and the implementation and maintenance of approved affirmative action plans; and"

Representative Wineberry moved the following amendment to the amendment by Representatives Wineberry, Veloria, Miller, Locke and J. Kohl:

On page 1, strike lines 9 through 11 of the amendment and insert the following:

"On page 17, line 6, after "(10)" strike "Layoffs" and insert "(a) Until July 1, 1995, layoffs"

On page 17, after line 8, insert the following:

"(b)On and after July 1, 1995, layoffs when necessary and subsequent reemployment;""

Representatives Wineberry spoke in favor of adoption of the amendment to the amendment and Representative Anderson spoke against it. The amendment was not adopted.

Representative Anderson spoke in favor of the amendment as amended and Representative Conway spoke against it. The amendment as amended was adopted.

Representative King moved the following amendment by Representatives King, J. Kohl, Jones and Locke:

On page 28, line 15, after "management" insert ", and subject to any applicable requirements for collective bargaining. The factors to be considered in the feasibility study shall be developed in consultation with representatives of the affected employees and may include both long-term and short-term effects of the proposal to contract for services"

On page 57, line 31, after "bargained;" insert "and

On page 57, line 32, after "(d)" strike all material through "(e)" on line 34

Representatives King and Heavey spoke in favor of adoption of the amendment and it was adopted.

Representative Wineberry moved the following amendment by Representatives Wineberry, J. Kohl, Veloria and Miller:

On page 28, after line 29, insert:

"(4) Whenever any agency or institution of higher education or related board contracts with individuals or business entities for the performance of services customarily and historically provided by employees in classified service, it shall select such individuals or business entities that are consistent with the participation goals of the agency, institution, or board under chapter 39.19 RCW."

Representatives Wineberry and Heavey spoke in favor of adoption of the amendment.

The Speaker called on the House to divide.

The result of the division was 92 YEAS; 6 NAYS. The amendment was adopted.

Representative King moved the following amendment by Representatives King, J. Kohl, Jones and Locke:

On page 36, after line 18, insert the following new section:

"NEW SECTION. Sec. 141. A new section is added to chapter 41.06 RCW to read as follows:

At least sixty days prior to providing notice of any layoffs, the agency or institution of higher education or related board shall provide each potentially affected employee with information showing the job security ranking of the employee within the employment unit experiencing the layoffs."

Representatives King, Heavey and Jones spoke in favor of adoption of the amendment.

Representative Peery demanded an electronic roll call and the demand was sustained.

ROLL CALL

The Clerk called the roll on adoption of the amendment on page 36 after line 18, by Representative King to House Bill No. 2054, and the amendment was adopted by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Representative Heavey moved the following amendment by Representatives Heavey, Orr, Wolfe, Eide and L. Johnson:

On page 56, beginning on line 23, strike all of section 305 and renumber the remaining sections consecutively and correct any internal references accordingly.

On page 57, line 15, after "(a)" strike all material through "action" on line 27 and insert the following:

"Merit system principles related to recruitment, examinations, certification, and appointments of employees; classification, including reclassification, of positions; position qualification standards; and the career executive program, the Washington management services program, veteran's preferences, and equal opportunity and affirmative action plans"

On page 57, line 34, after "(e)" strike the remainder of subsection (e) and insert "Inherent managerial policy, which shall include such areas of discretion or policy as the functions, programs, business hours, and organizational structure of the employer, the employer's overall budget, the decision to use technology, and the selection and direction of employees;"

On page 58, line 10, after "plans;" strike "and"

On page 58, line 14, after "employment" insert the following:

"; and

On page 60, line 38, after "conflict with" strike "sections 305 and" and insert "section"

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

Representative Heavey moved the following amendment by Representatives Heavey, Orr, Wolfe, Eide and L. Johnson:

On page 58, line 10, after "plans;" strike "and"

On page 58, line 14, after "employment" insert the following:

"; and

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

Representative Heavey moved the following amendment by Representatives Heavey, Orr, Wolfe, Eide and L. Johnson:

On page 70, line 29, after "(c)" strike the remainder of subsection (c) and insert "Consult with and involve agency representatives as appropriate during collective bargaining. The designee and the exclusive bargaining representative may agree to form negotiation subcommittees to address issues specific to one or more agencies or specific subjects as the designee and exclusive bargaining representative deem appropriate;"

Representative Heavey 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 Peery, Romero, Flemming, Cothern, Sommers, Sheldon, Heavey, Appelwick, J. Kohl, Wineberry and Locke spoke in favor of passage of the bill.

Representatives Wolf, Conway and Ballard 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. 2054.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2054, and the bill passed the House by the following vote: Yeas - 54, Nays - 44, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Cole, G., Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, Kohl, J., Lemmon, Leonard, Linville, Locke, Mastin, Meyers, R., Miller, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Wang, Wineberry, Zellinsky and Mr. Speaker - 54.

Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Conway, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Holm, Horn, Johanson, King, Kremen, Lisk, Long, Ludwig, Mielke, Morton, Padden, Patterson, Reams, Romero, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven, Veloria, Wolfe and Wood - 44.

Engrossed Substitute House Bill No. 2054, having received the constitutional majority, was declared passed.

MOTION

On motion of Representative Peery, the call of the House was dissolved.

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

MOTION

On motion of Representative Peery, the House adjourned until 9:30 a.m., Tuesday, March 16, 1993.

BRIAN EBERSOLE, Speaker

ALAN THOMPSON, Chief Clerk