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SIXTY-FIFTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Tuesday, March 16, 1993
The House was called to order at 9:30 a.m. by the Speaker (Representative G. Fisher presiding). The Clerk called the roll and a quorum was present.
Representative Wang assumed the chair.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Kiri Jacobsen and Justin Padden. Prayer was offered by Reverend David Stathopulo of Capital Lakes Church of Olympia.
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
Specifying when damages for pain and suffering of a deceased person may be recovered by survivors.
Referred to Committee on Judiciary.
SB 5107 by Senators Sutherland and A. Smith
Concerning arrest without warrant.
Referred to Committee on Judiciary.
Changing provisions relating to consumer protection.
Referred to Committee on Judiciary.
ESB 5155 by Senators Skratek, Haugen, Drew and Roach
Changing requirements for the establishment of community councils.
Referred to Committee on Local Government.
SB 5164 by Senators Wojahn and Talmadge
Exempting nonprofit organizations providing credit services from the business and occupation tax.
Referred to Committee on Revenue.
SSB 5176 by Senate Committee on Labor & Commerce (originally sponsored by Senators Vognild, Pelz, Moore, Wojahn and Fraser)
Concerning the cashing of government issued checks or warrants.
Referred to Committee on Financial Institutions & Insurance.
SSB 5263 by Senate Committee on Agriculture (originally sponsored by Senators M. Rasmussen, Anderson, Barr and Bauer)
Regulating the marketing of milk.
Referred to Committee on Agriculture & Rural Development.
2SSB 5264 by Senate Committee on Ways & Means (originally sponsored by Senators M. Rasmussen, Bluechel, Skratek, Erwin, Deccio, Roach, Sheldon, Williams, Moore, Loveland, Sutherland, Bauer and Winsley)
Establishing a Washington state trade office in the Russian Far East.
Referred to Committee on Trade, Economic Development & Housing.
ESSB 5307 by Senate Committee on Education (originally sponsored by Senators Pelz, A. Smith, McAuliffe, Bauer, Talmadge, Spanel, Haugen and Moyer; by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction)
Prohibiting firearms and dangerous weapons on school premises, with limited exceptions.
Referred to Committee on Judiciary.
SB 5349 by Senators Pelz and Moyer
Renaming educational clinics.
Referred to Committee on Education.
SSB 5368 by Senate Committee on Ways & Means (originally sponsored by Senators Owen, Sutherland, McDonald, Bauer, Nelson, Anderson and Erwin)
Creating a sales tax exemption for certain vessels.
Referred to Committee on Revenue.
SB 5385 by Senators Moore, Newhouse, McAuliffe and Winsley; by request of Department of Licensing
Creating the uniform commercial code fund.
Referred to Committee on Financial Institutions & Insurance.
SSB 5397 by Senate Committee on Higher Education (originally sponsored by Senators Sheldon, Prince, Winsley, Bauer, Drew and Oke)
Granting resident status at institutions of higher education for active duty personnel stationed in Washington and their spouses and dependents.
Referred to Committee on Higher Education.
SSB 5483 by Senate Committee on Labor & Commerce (originally sponsored by Senators Prentice, Winsley, Vognild, Wojahn, Moore, Rinehart, McAuliffe, Sutherland, Pelz and Franklin)
Providing for arbitration in public transportation labor negotiations.
Referred to Committee on Commerce & Labor.
2SSB 5511 by Senate Committee on Ways & Means (originally sponsored by Senators Loveland, Winsley, Quigley, Snyder and Pelz; by request of Secretary of State)
Enabling voter registration by mail.
Referred to Committee on State Government.
ESB 5534 by Senators Vognild and Prince
Authorizing terminal safety audits of private carriers.
Referred to Committee on Transportation.
SSB 5537 by Senate Committee on Energy & Utilities (originally sponsored by Senators Sutherland, Hochstatter and A. Smith; by request of Utilities & Transportation Commission)
Concerning alternate operator service companies.
Referred to Committee on Energy & Utilities.
SB 5578 by Senators Fraser, Owen, Oke, Hargrove, Haugen and Winsley
Clarifying the areas where a personal use fishing license is not required.
Referred to Committee on Fisheries & Wildlife.
SB 5597 by Senators A. Smith, Spanel and Rinehart; by request of Attorney General
Limiting the use of documentary materials.
Referred to Committee on Judiciary.
SB 5638 by Senators Skratek, Drew, Roach, Haugen, Quigley, M. Rasmussen and Oke
Modifying property tax valuation of property affected by growth management regulations.
Referred to Committee on Revenue.
ESSB 5682 by Senate Committee on Labor & Commerce (originally sponsored by Senators Sutherland, Oke, Prentice and Erwin)
Exempting certain organizations, publications, and subscribers from insurance provisions.
Referred to Committee on Financial Institutions & Insurance.
Changing the family emergency assistance program.
Referred to Committee on Human Services.
ESB 5768 by Senators Haugen, Oke, Loveland, Nelson, Owen, Cantu and Moyer
Providing for inspection services at an emergency scene upon the request of a public official.
Referred to Committee on State Government.
SSB 5829 by Senate Committee on Labor & Commerce (originally sponsored by Senators Moore and Prince)
Licensing mortgage brokers and loan originators.
Referred to Committee on Financial Institutions & Insurance.
ESB 5831 by Senators Barr, Sutherland and McCaslin
Limiting certain payments by electrical utilities to owners of residences in which the primary heat source is electric resistance space heat.
Referred to Committee on Energy & Utilities.
SB 5875 by Senators Gaspard, von Reichbauer, A. Smith, Winsley and M. Rasmussen; by request of Military Department
Enacting the national guard mutual assistance counter-drug activities compact.
Referred to Committee on Judiciary.
SB 5903 by Senators Bauer, Winsley and von Reichbauer; by request of State Board for Community and Technical Colleges
Allocating basic education funding to community and technical colleges for students enrolled in community or technical colleges.
Referred to Committee on Education.
SB 5905 by Senators Vognild, Fraser and Deccio; by request of County Road Administration Board
Changing provisions regarding the county road administration board.
Referred to Committee on Local Government.
ESSB 5911 by Senate Committee on Trade, Technology & Economic Development (originally sponsored by Senators Cantu, Skratek, Bluechel and Winsley)
Promoting economic development.
Referred to Committee on Trade, Economic Development & Housing.
ESB 5917 by Senators Drew, Vognild, McAuliffe and M. Rasmussen
Restructuring statutes on state participation in rail freight service.
Referred to Committee on Transportation.
ESSB 5948 by Senate Committee on Health & Human Services (originally sponsored by Senators Deccio, Talmadge, Franklin, Prentice and McCaslin)
Modifying process and procedures for disciplining of health care professionals.
Referred to Committee on Health Care.
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.
MOTION
Representative Sheldon moved that the House immediately consider House Bill No. 1743 on the second reading calendar. The motion was carried.
SECOND READING
HOUSE BILL NO. 1743, by Representatives Flemming, Horn, Rust, Linville, Valle and J. Kohl
Providing for pollution prevention plans.
The bill was read the second time.
On motion of Representative Rust, Substitute House Bill No. 1743 was substituted for House Bill No. 1743 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1743 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 Flemming, Horn and Rust spoke in favor of passage of the bill and Representative Van Luven spoke against it.
On motion of Representative J. Kohl, Representative Scott was excused.
The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Substitute House Bill No. 1743.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1743 and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 2, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, 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, 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, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Voting nay: Representatives Lisk and Van Luven - 2.
Absent: Representatives Dellwo and Wineberry - 2.
Excused: Representative Scott - 1.
Substitute House Bill No. 1743, having received the constitutional majority, was declared passed.
I intended to vote "yes" on Substitute House Bill No. 1743.
DENNIS DELLWO, 3rd. District
RESOLUTION
HOUSE RESOLUTION NO. 93-4630, by Representatives Orr, Padden, Sheahan, Schoesler and Silver
WHEREAS, The degree of competition and interest in girls' and womens' basketball is growing in the State of Washington at all scholastic levels; and
WHEREAS, The state high school girls' tournaments completed March 13, 1993, demonstrated with spirited play and exemplary sportsmanship the appeal of the sport among the players, students, parents, and fans of Washington; and
WHEREAS, The most difficult accomplishment in the world of sports is to live up to the high expectations created by an undefeated record and to successfully advance to the ultimate goal of a tournament championship; and
WHEREAS, The members of the Central Valley Bears girls' basketball team are Lindsay Donaldson, Lisa Lentz, Laura Fralich, Aimee Turner, Alicia Lyon, Emily Spear, Kristen Hepton, Suzanne Boots, Reagan McClement, Tanya Kirk, Joey Asan, and Jacqueline Clark; and
WHEREAS, The Central Valley High School Bears girls' basketball team from the Spokane Valley triumphed on March 13 in the Class AAA championship game, and, by winning 44-35 over a worthy opponent from Snohomish High School, thereby completed a perfect season record of 29 wins and no losses; and
WHEREAS, The Central Valley Bears, under the leadership of Coach Dale Poffenroth and Assistant Coach Judy Walters, have brought distinction and pride to Central Valley High School, its students, its supporters, and the entire community;
NOW, THEREFORE, BE IT RESOLVED, That in recognition of the outstanding accomplishments of team members and the coach, the House of Representatives honor the Central Valley Girls' Basketball Team.
Representative Orr moved adoption of the resolution.
Representatives Orr and Padden spoke in favor of the resolution.
House Resolution No. 4630 was adopted.
The Speaker (Representative Wang presiding) declared the House to be at ease.
The Speaker (Representative R. Meyers) called the House to order.
MESSAGE FROM THE SENATE
March 16, 1993
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5390,
SUBSTITUTE SENATE BILL NO. 5392,
SUBSTITUTE SENATE BILL NO. 5512,
ENGROSSED SENATE BILL NO. 5632,
SUBSTITUTE SENATE BILL NO. 5636,
and the same are herewith transmitted.
Marty Brown, Secretary
MESSAGE FROM THE SENATE
March 15, 1993
Mr. Speaker:
The Senate has passed:
ENGROSSED SENATE BILL NO. 5101,
SUBSTITUTE SENATE BILL NO. 5212,
SUBSTITUTE SENATE BILL NO. 5357,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5372,
SUBSTITUTE SENATE BILL NO. 5405,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5510,
SUBSTITUTE SENATE BILL NO. 5535,
SUBSTITUTE SENATE BILL NO. 5557,
SUBSTITUTE SENATE BILL NO. 5657,
SUBSTITUTE SENATE BILL NO. 5821,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary of Senate
MOTION
Representative Peery moved that the House consider the following bills in the following order: House Bill No. 1338 and House Bill No. 1871. The motion was carried.
HOUSE BILL NO. 1338, by Representatives Thibaudeau, Appelwick, Ballasiotes, H. Myers, Flemming, Dyer, Eide, Cooke, Zellinsky, Johanson, Romero, Forner, Reams, Rust, Schmidt, Riley, Dunshee, Brough, Ogden, J. Kohl, Locke, Anderson, Ludwig, Edmondson, Horn, Heavey, Cothern, R. Johnson, King, Veloria, Rayburn, Bray, Orr, Pruitt, Karahalios, Lemmon, Carlson, Kessler, Wolfe, R. Fisher, Hansen, Jacobsen, Morris, Quall, Franklin, L. Johnson, Leonard, Jones, Valle, G. Cole, Holm, Wang, Grant, Dorn, Sheldon, Sommers, Miller, Finkbeiner, Brown, Scott, Roland, Shin, R. Meyers, Springer, Basich, Campbell, Wood, Long, Wineberry and Dellwo
Prohibiting interference with access to or from a health care facility.
The bill was read the second time.
On motion of Representative Appelwick, Substitute House Bill No. 1338 was substituted for House Bill No. 1338 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1338 was read the second time.
With the consent of the House, Representative Fuhrman withdrew amendment number 159 and Representative Padden withdrew amendment number 167.
Representative Carlson moved the following amendment by Representative Carlson:
On page 2, after line 15, insert the following:
"NEW SECTION. Sec.4. It is unlawful for a person, alone or in concert with others, to willfully or recklessly interfere with a person: (a) Who is not in violation of section (3) of this act; and
(b) Who is otherwise lawfully exercising his or her right of free speech and assembly on the health care facility or the common area of the real property upon which the facility is located.
Interference includes the following:
(1) Assaulting the person in violation of Chapter 9A.36 RCW;
(2) Harassing the person in violation of Chapter 9A.46 RCW; or
(3) Creating a public disturbance in violation of Chapter 9A.84 RCW."
On page 2, line 16, after "section 3" insert "or section 4"
On page 2, line 19, after "section 3" insert "or section 4"
On page 2, line 24, after "section 3" insert "or section 4"
Representatives Carlson spoke in favor of adoption of the amendment and Representative Appelwick spoke against it. The amendment was not adopted.
Representative Thibaudeau moved the following striking amendment by Representative Thibaudeau:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that seeking or obtaining health care is fundamental to public health and safety.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Health care facility" means a facility that provides health care services directly to patients, including but not limited to, a hospital, clinic, health care provider's office, health maintenance organization, diagnostic or treatment center, neuropsychiatric or mental health facility, hospice, or nursing home.
(2) "Health care provider" has the same meaning as defined in RCW 7.70.020 (1) and (2), and also means an officer, director, employee, or agent of a health care facility who sues or testifies regarding matters within the scope of his or her employment.
(3) "Aggrieved" means:
(a) A person, physically present at the health care facility when the prohibited actions occur, whose access is or is about to be obstructed or impeded;
(b) A person, physically present at the health care facility when the prohibited actions occur, whose care is or is about to be disrupted;
(c) The health care facility, its employees, or agents;
(d) The owner of the health care facility or the building or property upon which the health care facility is located.
NEW SECTION. Sec. 3. (1) It is unlawful for a person, alone or in concert with others, willfully or recklessly to interfere with access to or from a health care facility or willfully or recklessly to disrupt the normal functioning of such a facility by:
(a) Impeding a person's entry to or departure from the facility or from the common areas of the real property upon which the facility is located;
(b) Making noise that unreasonably disturbs the peace within the facility;
(c) Trespassing on the facility or the common areas of the real property upon which the facility is located; or
(d) Telephoning the facility repeatedly, or knowingly permitting any telephone under his or her control to be used for such purpose.
(2) A violation of this section is a misdemeanor.
NEW SECTION. Sec. 4. (1) It is unlawful for a person, alone or in concert with others, willfully or recklessly to interfere with access to or from a health care facility by:
(a) Physically preventing a person's entry to or departure from the facility or from the common areas of the real property upon which the facility is located;
(b) Using words or conduct to place another person in reasonable fear of serious harm to his or her person or property; or
(c) Knowingly permitting any telephone under his or her control to be used to place another person in reasonable fear of harm to his or her person or property.
(2) A violation of this section is a gross misdemeanor punishable as follows:
(a) For a first offense, a fine of not less than two hundred fifty dollars and a jail term of not less than twenty-four consecutive hours;
(b) For a second offense, a fine of not less than five hundred dollars and a jail term of not less than seven consecutive days; and
(c) For a third or subsequent offense, a fine of not less than one thousand dollars and a jail term of not less than thirty consecutive days.
Sec. 5. RCW 10.31.100 and 1988 c 190 s 1 are each amended to read as follows:
A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (((8))) (9) of this section.
(1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270 shall have the authority to arrest the person.
(2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
(a) An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.060, 26.44.063, chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from a residence or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or
(b) The person is eighteen years or older and within the preceding four hours has assaulted that person's spouse, former spouse, or a person eighteen years or older with whom the person resides or has formerly resided and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that spouses, former spouses, or other persons who reside together or formerly resided together have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.
(3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:
(a) RCW 46.52.010, relating to duty on striking an unattended car or other property;
(b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;
(d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;
(e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;
(f) RCW 46.61.525, relating to operating a motor vehicle in a negligent manner.
(4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.
(5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 88.02.095 shall have the authority to arrest the person.
(6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.
(7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.
(8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.
(9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of section 3 or 4 of this act may arrest such person.
(10) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.
(((10))) (11) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100(2) or (8) if the police officer acts in good faith and without malice.
NEW SECTION. Sec. 6. (1) A person or health care facility aggrieved by the actions prohibited by section 3 or 4 of this act may seek civil damages from those who committed the prohibited acts and those acting in concert with them. A plaintiff in an action brought under this chapter shall not recover more than his or her actual damages and additional sums authorized in section 7 of this act. Once a plaintiff recovers his or her actual damages and any additional sums authorized under this chapter, additional damages shall not be recovered. A person does not have to be criminally convicted of violating section 3 or 4 of this act to be held civilly liable under this section. It is not necessary to prove actual damages to recover the additional sums authorized under section 7 of this act, costs, and attorneys' fees. The prevailing party is entitled to recover costs and attorneys' fees.
(2) The superior courts of this state shall have authority to grant temporary, preliminary, and permanent injunctive relief to enjoin violations of this chapter.
In appropriate circumstances, any superior court having personal jurisdiction over one or more defendants may issue injunctive relief that shall have binding effect on the original defendants and persons acting in concert with the original defendants, in any county in the state.
Due to the nature of the harm involved, injunctive relief may be issued without bond in the discretion of the court, notwithstanding any other requirement imposed by statute.
The state and its political subdivisions shall cooperate in the enforcement of court injunctions that seek to protect against acts prohibited by this chapter.
NEW SECTION. Sec. 7. In a civil action brought under this chapter, an individual plaintiff aggrieved by the actions prohibited by section 3 or 4 of this act may be entitled to recover up to five hundred dollars for each day that the actions occurred, or up to five thousand dollars for each day that the actions occurred if the plaintiff aggrieved by the actions prohibited under section 3 or 4 of this act is a health care facility.
NEW SECTION. Sec. 8. Section 3 of this act shall not be interpreted to apply to:
(1) The actions of any agent, officer, or employee of the health care facility, acting within the scope of his or her agency, office, or employment; or
(2) The actions of any law enforcement officer, acting within the scope of his or her agency; or
(3) Any expressive conduct protected from legal prohibition by the first article of amendment to the Constitution of the United States, or Article I, section 5 of the State Constitution; or
(4) Conduct by a party to a labor dispute in furtherance of labor or management objectives in that dispute.
NEW SECTION. Sec. 9. Nothing in section 3 of this act shall prohibit lawful picketing or other publicity for the purpose of providing the public with information.
NEW SECTION. Sec. 10. A court having jurisdiction over a criminal or civil proceeding under this chapter shall take all steps reasonably necessary to safeguard the individual privacy and prevent harassment of a health care patient or health care provider who is a party or witness in a proceeding, including granting protective orders and orders in limine.
Sec. 11. RCW 10.97.070 and 1977 ex.s. c 314 s 7 are each amended to read as follows:
(1) Criminal justice agencies may, in their discretion, disclose to persons who have suffered physical loss, property damage, or injury compensable through civil action, the identity of persons suspected as being responsible for such loss, damage, or injury together with such information as the agency reasonably believes may be of assistance to the victim in obtaining civil redress. Such disclosure may be made without regard to whether the suspected offender is an adult or a juvenile, whether charges have or have not been filed, or a prosecuting authority has declined to file a charge or a charge has been dismissed.
(2) Unless the agency determines release would interfere with an ongoing criminal investigation, in any action brought pursuant to this chapter criminal justice agencies shall disclose identifying information, including photographs of suspects, if the acts are alleged by the plaintiff or victim to be a violation of section 3 or 4 of this act.
(3) The disclosure by a criminal justice agency of investigative information pursuant to subsection (1) of this section shall not establish a duty to disclose any additional information concerning the same incident or make any subsequent disclosure of investigative information, except to the extent an additional disclosure is compelled by legal process.
NEW SECTION. Sec. 12. Nothing in this chapter shall be construed to limit the right to seek other available criminal or civil remedies. The remedies provided in this chapter are cumulative, not exclusive.
NEW SECTION. Sec. 13. If any section or subsection of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the section or subsection to other persons or circumstances is not affected.
NEW SECTION. Sec. 14. Sections 2 through 4, 6 through 10, and 12 of this act shall constitute a new chapter in Title 9A RCW.
NEW SECTION. Sec. 15. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
Representative Fuhrman moved the following amendment to the striking amendment:
On page 1, line 16, after "hospice," strike "or"
On page 1, line 16, after "home" insert ", or health research facility"
Representatives Fuhrman and Padden spoke in favor of adoption of the amendment and Representatives Appelwick and Thibaudeau spoke against it.
Representative Vance demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment to the striking amendment to Substitute House Bill No. 1338 and the amendment was not adopted by the following vote: Yeas - 29, Nays - 69, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Brumsickle, Campbell, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Mielke, Miller, Morton, Padden, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 29.
Voting nay: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Carlson, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 69.
Representative Fuhrman moved adoption of the following amendment to the striking amendment:
On page 1, line 30, after "located" insert "; and
(e) Any person lawfully exercising his or her right of free speech and assembly on the facility or the common area of the real property upon which the facility is located"
On page 2, after line 30, insert the following:
"NEW SECTION. Sec. 5. (1) It is unlawful for a person, alone or in concert with others, to willfully or recklessly interfere with a person:
(a) Who is not in violation of section 3 or 4 of this act; and
(b) Who is otherwise lawfully exercising his or her right of free speech and assembly on the facility or the common area of the real property upon which the facility is located.
(2) Interference includes the following:
(a) Assaulting, endangering, or maliciously harassing the person in violation of chapter 9A.36 RCW;
(b) Restraining the person in violation of RCW 9A.40.040;
(c) Harassing the person in violation of chapter 9A.46 RCW;
(d) Maliciously causing physical damage to the property of the person in violation of chapter 9A.48 RCW;
(e) Making telephone calls to the person in violation of chapter 9.61 RCW; and
(f) Creating a public disturbance in violation of chapter 9A.84 RCW.
(3) A violation of this section is a gross misdemeanor punishable as follows:
(a) For a first offense, a fine of not less than two hundred fifty dollars and a jail term of not less than twenty-four consecutive hours;
(b) For a second offense, a fine of not less than five hundred dollars and a jail term of not less than seven consecutive days; and
(c) For a third or subsequent offense, a fine of not less than one thousand dollars and a jail term of not less than thirty consecutive days."
On page 3, line 1, after "through (((8)))" strike "(9)" and insert "(10)"
On page 5, line 1, after "section" strike "3 or 4" and insert "3, 4, or 5"
On page 5, line 10, after "section" strike "3 or 4" and insert "3, 4, or 5"
On page 5, line 18, after "section" strike "3 or 4" and insert "3, 4, or 5"
On page 6, line 3, after "section" strike "3 or 4" and insert "3, 4, or 5"
On page 6, line 6, after "section" strike "3 or 4" and insert "3, 4, or 5"
On page 6, line 8, after "Section 3" insert "and 4"
On page 6, line 20, after "section 3" insert "or 4"
On page 7, line 9, after "section" strike "3 or 4" and insert "3, 4, or 5"
Representatives Fuhrman and Padden spoke in favor of adoption of the amendment to the striking amendment and Representatives Appelwick and Thibaudeau spoke against it. The amendment was not adopted.
Representative Padden moved adoption of the following amendment to the striking amendment:
On page 2, line 4, after "noise" insert "above 90 decibels as measured inside the facility"
Representative Padden spoke in favor of adoption of the amendment to the striking amendment and Representative Appelwick spoke against it.
Representative Padden again spoke in favor of adoption of the amendment to the amendment. The amendment was not adopted.
Representative Padden moved adoption of the following amendment to the striking amendment:
On page 2, beginning on line 31 of the amendment, strike all of section 5
Representative Padden spoke in favor of the amendment to the striking amendment and Representatives Appelwick and Thibaudeau spoke against it.
Representative Fuhrman demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment to the striking amendment to Substitute House Bill No. 1338, and the amendment was not adopted by the following vote: Yeas - 28, Nays - 70, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Dorn, Edmondson, Foreman, Fuhrman, Horn, Kremen, Lisk, Mielke, Morton, Padden, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 28.
Voting nay: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Forner, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 70.
Representative Padden moved adoption of the following amendment to the amendment:
On page 5, line 14 of the amendment, after "damages" strike everything through "act"
On page 5, line 19 of the amendment, after "section." strike everything through "fees." on line 21
On page 6, beginning on line 1 of the amendment, strike all of section 7
Representative Padden spoke in favor of adoption of the amendment to the striking amendment. The amendment was not adopted.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be adoption of the striking amendment.
Representatives Thibaudeau and Appelwick spoke in favor of adoption of the striking amendment and Representatives Campbell and Padden spoke against it.
The Speaker assumed the chair.
Representative Vance demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the striking amendment by Representative Thibaudeau to Substitute House Bill No. 1338 and the amendment was adopted by the following vote: Yeas - 64, Nays - 34, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brough, Brown, Carlson, Cole, G., Conway, Cothern, Dellwo, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 64.
Voting nay: Representatives Ballard, Ballasiotes, Brumsickle, Campbell, Casada, Chandler, Chappell, Cooke, Dorn, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Long, Mastin, Mielke, Miller, Morton, Padden, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 34.
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 Thibaudeau, Miller, Appelwick, Campbell, Locke, Foreman and Brown spoke in favor of the passage of the bill.
Representatives Fuhrman, Padden, Sheahan, and Stevens spoke against the passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1338.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1338 and the bill passed the House by the following vote: Yeas - 84, Nays - 14, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Ballasiotes, 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, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Scott, Sehlin, Sheldon, Shin, Sommers, Springer, Thibaudeau, Thomas, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 84.
Voting nay: Representatives Ballard, Casada, Chandler, Fuhrman, Mielke, Morton, Padden, Schoesler, Sheahan, Silver, Stevens, Talcott, Tate and Van Luven - 14.
Engrossed Substitute House Bill No. 1338, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House immediately consider House Bill No. 1922. The motion was carried.
The Speaker called on Representative R. Meyers to preside.
HOUSE BILL NO. 1922, by Representatives Lemmon, Mastin, Morris, Hansen, Basich, Kessler, Johanson, Scott, Tate, Bray, Campbell, Dunshee, Eide, Orr, Grant, Lisk, Ludwig, R. Meyers, Springer, Finkbeiner, Dorn, Vance, Quall, Kremen, Rayburn, Brough, Foreman, Riley, L. Johnson, Horn, King, Forner, Roland, Ogden, Thomas, Brumsickle, Long, Casada, Ballasiotes, Mielke, Cooke, Van Luven and Karahalios
Creating a work ethic boot camp program within the department of corrections.
The bill was read the second time.
On motion of Representative Morris, Substitute House Bill No. 1922 was substituted for House Bill No. 1922 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1922 was read the second time.
Representative Morris moved adoption of the following striking amendment by Representatives Morris, Lemmon, Long and Tate:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that high crime rates and a heightened sense of vulnerability have led to increased public pressure on criminal justice officials to increase offender punishment and remove the most dangerous criminals from the streets. As a result, there is unprecedented growth in the corrections populations and overcrowding of prisons and local jails. Skyrocketing costs and high rates of recidivism have become issues of major public concern. Attention must be directed towards implementing a long-range corrections strategy that focuses on inmate responsibility through intensive work ethic training.
The legislature finds that many offenders lack basic life skills and have been largely unaffected by traditional correctional philosophies and programs. In addition, many first-time offenders who enter the prison system learn more about how to be criminals than the important qualities, values, and skills needed to successfully adapt to a life without crime.
The legislature finds that opportunities for offenders to improve themselves are extremely limited and there has not been adequate emphasis on alternatives to total confinement for nonviolent offenders.
The legislature finds that the explosion of drug crimes since the inception of the sentencing reform act and the response of the criminal justice system have resulted in a much higher proportion of substance abuse-affected offenders in the state's prisons and jails. The needs of this population differ from those of other offenders and present a great challenge to the system. The problems are exacerbated by the shortage of drug treatment and counseling programs both in and outside of prisons.
The legislature finds that the concept of a work ethic camp that requires the offender to complete an appropriate and balanced combination of highly structured and goal-oriented work programs such as correctional industries based work camps and/or class I and class II work projects, drug rehabilitation, and intensive life management work ethic training, can successfully reduce offender recidivism and lower the overall cost of incarceration.
It is the purpose and intent of sections 1 through 6 of this act to implement a regimented work ethic camp that is designed to directly address the high rate of recidivism, reduce upwardly spiraling prison costs, preserve scarce and high cost prison space for the most dangerous offenders, and provide judges with a tough and sound alternative to traditional incarceration without compromising public safety.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 6 of this act.
(1) "Department" means the department of corrections.
(2) "Secretary" means the secretary of corrections.
(3) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of postrelease supervision.
(4) "First-time drug offender" means any person who is convicted of a felony for the first time in violation of chapter 69.50 RCW, or of any offense defined as a felony under federal law that relates to the possession, manufacture, or delivery of a controlled substance, or any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under current statute.
(5) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education. The objectives of the program are to deter offenders from committing additional crimes by requiring them to experience the sobering realities of prison life and simultaneously complete an intense range of character and skill building challenges.
(6) "Incarceration program" means the work ethic camp.
NEW SECTION. Sec. 3. The department of corrections shall establish one work ethic camp. The secretary shall locate the incarceration program within an already existing department compound or facility, or in a facility that is scheduled to come on line within the initial implementation date outlined in this section. The facility selected for an incarceration program shall appropriately accommodate the logistical and cost-effective objectives contained in sections 1 through 6 of this act. The department shall be ready to assign inmates to the incarceration program one hundred twenty days after the effective date of this act. The department shall establish the work ethic program cycle to last from one hundred twenty to one hundred eighty days. The department shall develop all aspects of the incarceration program including, but not limited to, program standards, conduct standards, educational components including general education development test achievement, offender incentives, drug rehabilitation program parameters, individual and team work goals, techniques for improving the offender's self-esteem, citizenship skills for successful living in the community, measures to hold the offender accountable for his or her behavior, and the successful completion of the incarceration program granted to the offender based on successful attendance, participation, and performance as defined by the secretary. The work ethic camp shall be designed and implemented so that offenders are continually engaged in meaningful activities and unstructured time is kept to a minimum. In addition, the department is encouraged to explore the integration and overlay of a military style approach to the work ethic camp.
NEW SECTION. Sec. 4. (1) Offenders shall be recommended for consideration to participate in the incarceration program at the time of their sentencing by the sentencing judge. Upon sentencing an offender to work ethic camp, the sentencing judge shall convert the period of work ethic camp confinement at a rate of one day of work ethic camp confinement to three days of total standard confinement. Only those offenders who successfully complete their sentence in work ethic camp, as defined by the department, shall be eligible to convert their sentence at this ratio. The court shall, as a component of any sentence regarding work ethic camp, also impose a term of community placement postrelease supervision. The total time spent in the work ethic program and postrelease supervision shall not exceed the initial sentence imposed. During the last two weeks prior to release from work ethic camp the department shall provide the offender with comprehensive transition training. The court shall send a copy of the offender's sentence to the department within five working days of sentencing. The department shall arrange to take custody of the offender within its established customary time frame after the documents have been provided to the department by the court. The department shall then be responsible for determining if the offender is eligible for the incarceration program based on the following criteria:
(a) The offender is between the ages of eighteen and twenty-eight years.
(b) The offender has no known physical or mental impairments that would prevent his or her ability to perform the challenging physical and mental activities associated with this program.
(c) The offender is a first-time drug offender or an offender who is sentenced for not more than thirty-six months or less than twenty-two months.
(d) The offender has not been convicted of any sex offenses or violent offenses.
(e) The offender agrees to and signs the terms and conditions of the program designated by the secretary.
The department shall develop written incarceration program offender eligibility criteria and make the information available to the appropriate sentencing courts.
(2) The secretary shall prescribe the form and content of the agreement to be signed by the eligible offender before entering the incarceration program.
(3) The department may place inmates eligible for the work ethic camp incarceration program in program beds that have not been utilized by the court. The secretary shall ensure that court-referred inmates receive priority placement in the program.
(4) An inmate who fails to complete the incarceration program, who is administratively terminated from the incarceration program, or who otherwise violates any conditions of supervision, as defined by the department, shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing court and subject to all rules relating to earned early release time.
(5) An inmate who is sentenced or transferred to the incarceration program shall serve no less than one hundred twenty or more than one hundred eighty days as defined by the department to be considered a successful graduate of the incarceration program. Because of the conversion ratio, earned early release time shall not accrue to offenders sentenced to the work ethic camp.
NEW SECTION. Sec. 5. The department work ethic program facility shall employ one hundred percent of all inmates. The employment options available for inmates shall include meaningful work opportunities that provide the offender with real-world skills that help the offender find employment when he or she successfully completes the incarceration program. The department shall include in the incarceration program, without limitation, class I, class II, and class IV correctional programs. No more than thirty-five percent of the total inmate population in the facility shall be employed in class III correctional industries programs in the first year and thereafter ten percent less per year until a maximum of ten percent of the inmates are working in this employment class. In addition, work options shall also include department-supervised work crews as defined by the department. These work crews shall have the ability to work on public roads conducting litter control, minor emergency repair or other minor tasks that do not negatively impact employment opportunities for people with developmental disabilities contracted through the operation of sheltered workshops as defined in RCW 82.04.385, or have a negative impact on the local labor market or local business community as assessed by the department correctional industries advisory board of directors. The department shall establish, to the extent possible, programs that will positively impact our natural environment such as, but not limited to, recycling programs and minor environmental cleanup programs. If the department is directed by the legislature to increase the percentage of inmates employed in correctional industries programs, inmates employed through work ethic camps shall not be counted towards this total percentage.
NEW SECTION. Sec. 6. The incarceration program established in sections 1 through 6 of this act shall be considered a pilot alternative incarceration program and remain in effect until July 1, 1998. The department and the office of financial management shall monitor and analyze the effectiveness of the incarceration program and complete a final outcome evaluation study by January 15, 1998. Based on the findings of this final outcome evaluation study, the legislature may extend the program. The study shall include: The recidivism rates of successful program graduates, analysis of the overall program costs, the ability to maintain public safety, and any other pertinent data established by the department. The department may encourage interested universities to participate in studies that will enhance the effectiveness of the program.
The department of corrections shall seek the availability of federal funds for the planning, implementation, evaluation, and training of staff for work ethic camp programs, substance abuse programs, and offender education programs.
NEW SECTION. Sec. 7. Sections 1 through 6 of this act are each added to chapter 72.09 RCW.
NEW SECTION. Sec. 8. 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. 9. 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."
Representatives Morris and Long spoke in favor of adoption of the striking 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.
POINT OF PARLIAMENTARY INQUIRY
Representative Miller: Mr. Speaker, I note that House Bill No. 1153 appears on today's calendar under the label "notice of reconsideration." This notice to reconsider on the next working day was given on Saturday and the motion to reconsider was not voted upon yesterday. Is it not true then that in accordance with House Rule 20, House Bill No. 1153 is no longer properly on the House calendar?
Speaker (Representative R. Meyers presiding): You're point is well taken, Representative Miller. The time for reconsideration has passed and the bill should no longer appear on the calendar.
Representatives Lemon, Tate and Morris 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. 1922.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1922 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.
Engrossed Substitute House Bill No. 1922, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House consider House Bill No. 1871 and House Bill No. 1458 on the second reading calendar. The motion was carried.
HOUSE BILL NO. 1871, by Representatives Heavey, Kessler and Lemmon
Regulating chiropractic care for industrial insurance.
The bill was read the second time. Committee on Commerce & Labor recommendation: Majority do pass substitute. Committee on Appropriations recommendation: Majority do pass substitute by Committee on Commerce & Labor as amended by Committee on Appropriations. (For committee amendments see Journal, 57th Day, March 8,1993)
On motion of Representative Heavey, Substitute House Bill No. 1871 was substituted for House Bill No. 1871 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1871 was read the second time.
Representative Valle moved adoption of the committee amendments and spoke in favor of them. The committee amendments were adopted.
Representative Wang moved adoption of the following amendment by Representatives Wang, Heavey, Locke and Lemmon:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 51.04.030 and 1989 c 189 s 1 are each amended to read as follows:
The director shall, through the division of industrial insurance, supervise the providing of prompt and efficient care and treatment, including care provided by physicians' assistants governed by the provisions of chapters 18.57A and 18.71A RCW, acting under a supervising physician, and including chiropractic care, to workers injured during the course of their employment at the least cost consistent with promptness and efficiency, without discrimination or favoritism, and with as great uniformity as the various and diverse surrounding circumstances and locations of industries will permit and to that end shall, from time to time, establish and promulgate and supervise the administration of printed forms, rules, regulations, and practices for the furnishing of such care and treatment: PROVIDED, That, the department may recommend to an injured worker particular health care services and providers where specialized treatment is indicated or where cost effective payment levels or rates are obtained by the department: AND PROVIDED FURTHER, That the department may enter into contracts for goods and services including, but not limited to, durable medical equipment so long as state-wide access to quality service is maintained for injured workers.
The director shall make and, from time to time, change as may be, and promulgate a fee bill of the maximum charges to be made by any physician, surgeon, chiropractor, hospital, druggist, physicians' assistants as defined in chapters 18.57A and 18.71A RCW, acting under a supervising physician or other agency or person rendering services to injured workers. No service covered under this title shall be charged or paid at a rate or rates exceeding those specified in such fee bill, and no contract providing for greater fees shall be valid as to the excess.
The director or self-insurer, as the case may be, shall make a record of the commencement of every disability and the termination thereof and, when bills are rendered for the care and treatment of injured workers, shall approve and pay those which conform to the promulgated rules, regulations, and practices of the director and may reject any bill or item thereof incurred in violation of the principles laid down in this section or the rules and regulations promulgated under it.
NEW SECTION. Sec. 2. A new section is added to chapter 51.04 RCW to read as follows:
The director shall appoint an associate medical director for chiropractic. The associate medical director must be eligible to be licensed under chapter 18.25 RCW.
NEW SECTION. Sec. 3. A new section is added to chapter 51.36 RCW to read as follows:
(1) The health services that are available to an injured worker under RCW 51.36.010 include chiropractic treatment in appropriate cases within the scope of practice under chapter 18.25 RCW. As appropriate, and subject to the requirements for examinations of workers specified in this title, a worker may be required by the department to undergo chiropractic examination by a chiropractor licensed under chapter 18.25 RCW for the purpose of assisting the department in making determinations for the closure of a claim, in assessing the necessity and appropriateness of chiropractic care, or in making other determinations within the scope of chiropractic practice related to the worker's industrial injury.
(2) The department may establish treatment and utilization standards for chiropractic treatment in consultation with representatives of the chiropractic profession. The standards, if any, may be developed in conjunction with the department of health. The standards should include some or all of the following:
(a) Standards designed to assure quality treatment and to maximize recovery from the industrial injury;
(b) Standards designed to contain costs, consistent with assured access to medically necessary treatment;
(c) Standards that permit review of an injured worker's progress toward recovery after a stated number of chiropractic treatments. The standards may require review of chiropractic treatment based on a specified number of treatments, but the standards may not require termination of treatment based solely on the number of treatments.
(d) Standards for requesting consultation with chiropractors by the department or other health services providers on the necessity or appropriateness of chiropractic care or other subjects within the chiropractic scope of practice.
Sec. 4. RCW 51.32.112 and 1988 c 114 § 2 are each amended to read as follows:
(1) The department shall develop standards for the conduct of special medical examinations to determine permanent disabilities, including, but not limited to:
(a) The qualifications of persons conducting the examinations;
(b) The criteria for conducting the examinations, including guidelines for the appropriate treatment of injured workers during the examination; and
(c) The content of examination reports.
(2) Within the appropriate scope of practice, chiropractors licensed under chapter 18.25 RCW may conduct special medical examinations to determine permanent disabilities in consultation with physicians licensed under chapter 18.57 or 18.71 RCW. The department, in its discretion, may request that a special medical examination be conducted by a single chiropractor if the department determines that the sole issues involved in the examination are within the scope of practice under chapter 18.25 RCW. However, nothing in this section authorizes the use as evidence before the board of a chiropractor's determination of the extent of a worker's permanent disability if the determination is not requested by the department.
(3) The department shall investigate the amount of examination fees received by persons conducting special medical examinations to determine permanent disabilities, including total compensation received for examinations of department and self-insured claimants, and establish compensation guidelines and compensation reporting criteria.
(((3)))(4) The department shall investigate the level of compliance of self-insurers with the requirement of full reporting of claims information to the department, particularly with respect to medical examinations, and develop effective enforcement procedures or recommendations for legislation if needed.
Sec. 5. RCW 51.36.100 and 1986 c 200 § 1 are each amended to read as follows:
The legislature finds and declares it to be in the public interest of the residents of the state of Washington that a proper regulatory and inspection program be instituted in connection with the provision of medical, chiropractic, dental, vocational, and other health services to industrially injured workers pursuant to Title 51 RCW. In order to effectively accomplish such purpose and to assure that the industrially injured worker receives such services as are paid for by the state of Washington, the acceptance by the industrially injured worker of such services, and the request by a provider of services for reimbursement for providing such services, shall authorize the director of the department of labor and industries or the director's authorized representative to inspect and audit all records in connection with the provision of such services.
Sec. 6. RCW 51.36.110 and 1986 c 200 § 2 are each amended to read as follows:
The director of the department of labor and industries or the director's authorized representative shall have the authority to:
(1) Conduct audits and investigations of providers of medical, chiropractic, dental, vocational, and other health services furnished to industrially injured workers pursuant to Title 51 RCW. In the conduct of such audits or investigations, the director or the director's authorized representatives may examine all records, or portions thereof, including patient records, for which services were rendered by a health services provider and reimbursed by the department, notwithstanding the provisions of any other statute which may make or purport to make such records privileged or confidential: PROVIDED, That no original patient records shall be removed from the premises of the health services provider, and that the disclosure of any records or information obtained under authority of this section by the department of labor and industries is prohibited and constitutes a violation of RCW 42.22.040, unless such disclosure is directly connected to the official duties of the department: AND PROVIDED FURTHER, That the disclosure of patient information as required under this section shall not subject any physician or other health services provider to any liability for breach of any confidential relationships between the provider and the patient: AND PROVIDED FURTHER, That the director or the director's authorized representative shall destroy all copies of patient medical records in their possession upon completion of the audit, investigation, or proceedings;
(2) Approve or deny applications to participate as a provider of services furnished to industrially injured workers pursuant to Title 51 RCW; and
(3) Terminate or suspend eligibility to participate as a provider of services furnished to industrially injured workers pursuant to Title 51 RCW."
Representative Wang spoke in favor of the amendment and the 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 Heavey, Campbell, Wang and Lemmon spoke in favor of passage of the bill and Representatives Horn and Lisk spoke against it.
Representative Heavey again spoke in favor of passage of the bill.
Representative Heavey yielded to a question by Representative Wang.
Representative Wang: Under section 3 of this bill, the Department of Labor and Industries may require examinations of injured workers by chiropractors to assist the department in making determinations related to the closure of a claim the necessity and appropriateness of care, and other similar determinations. Does this provision mean that the department may use only chiropractic in making these determination.
Representative Heavey: No. This bill clarifies the department's authority to use chiropractic examinations but it does not change the department's authority to request examinations by other health service providers as appropriate for the injured worker's care.
Representative Wang: Secondly, does anything in the bill give a chiropractor the right to sue the department for failure to use a chiropractor in making determinations related to the closure of a claim, to the necessity of appropriateness of care, or other related determinations.
Representative Heavey: No. This bill gives the department some discretionary authority in making these determinations. The department's exercise of its discretionary authority or failure to exercise the authority does not establish any cause of action for a chiropractor.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1871.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1871 and the bill passed the House by the following vote: Yeas - 95, Nays - 3, 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, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, 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 - 95.
Voting nay: Representatives Horn, Lisk and Silver - 3.
Engrossed Substitute House Bill No. 1871, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1458, by Representatives Zellinsky, Mielke, Dorn, R. Johnson and Fuhrman
Regulating retail charge agreements.
The bill was read the second time.
On motion of Representative Zellinsky, Substitute House Bill No. 1458 was substituted for House Bill No. 1458 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1458 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 Mielke spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1458.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1458 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, 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, 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.
Voting nay: Representative Reams - 1.
Substitute House Bill No. 1458, having received the constitutional majority, was declared passed.
MOTION
On motion of Representative Peery, the House was in recess until 1:35.
AFTERNOON SESSION
The House was called to order at 1:35 p.m. by the Speaker (Representative Wineberry presiding.)
The Clerk called the roll and a quorum was present.
The Speaker (Representative Wineberry presiding) called the House to order.
The Speaker (Representative R. Meyers presiding) assumed the chair.
MOTION
Representative Peery moved that the House immediately consider House Bill No. 1404 on today's second reading calendar. The motion was carried.
HOUSE BILL NO. 1404, by Representatives Ogden, Silver, Chandler, Sommers, Fuhrman, Locke, Valle, Ballasiotes, Jones, Roland, Brough, Long, Foreman, Ballard, Wood, Miller, Forner, Tate, Schoesler, Reams, Morton and J. Kohl; by request of Legislative Budget Committee
Regulating personal service contracts.
The bill was read the second time.
Representative Valle moved adoption of the following amendment by Representatives Valle and others:
On page 1, line 11, after "contracts" strike everything through "process." and insert "((negotiated without an open competitive process)), to centralize the location of information about personal service contracts for ease of public review, and ensure proper accounting of personal services expenditures."
On page 4, after line 8, insert the following:
"Sec. 5. RCW 39.29.018 and 1987 c 414 s 5 are each amended to read as follows:
(1) Sole source contracts shall be filed with the office of financial management and the legislative budget committee and made available for public inspection at least ten working days prior to the proposed starting date of the contract. Documented justification for sole source contracts shall be provided to the office of financial management and the legislative budget committee when the contract is filed. For sole source contracts of ten thousand dollars or more that are state funded, documented justification shall include evidence that the agency attempted to identify potential consultants by advertising through state-wide or regional newspapers or other appropriate media or by notifying consultants on established bidders' lists approved by the office of financial management.
(2) The office of financial management shall approve sole source contracts of ten thousand dollars or more that are state funded, before any such contract becomes binding and before any services may be performed under the contract. These requirements shall also apply to sole source contracts of less than ten thousand dollars if the total amount of such contracts between an agency and the same consultant is ten thousand dollars or more within a fiscal year. The office of financial management shall ensure that the costs, fees, or rates negotiated in filed sole source contracts of ten thousand dollars or more are reasonable.
NEW SECTION. Sec. 6. A new section is added to chapter 39.29 RCW to read as follows:
Personal services may be procured only to resolve a particular agency problem or issue or to expedite a specific project that is temporary in nature. An agency may procure personal services only if it documents that:
(1) The service is critical to agency responsibilities or operations, or is mandated or authorized by the legislature;
(2) Sufficient staffing or expertise is not available within the agency to perform the service; and
(3) Other qualified public resources are not available to perform the service.
NEW SECTION. Sec. 7. A new section is added to chapter 39.29 RCW to read as follows:
(1) State-funded personal service contracts subject to competitive solicitation shall be filed with the office of financial management and the legislative budget committee and made available for public inspection at least ten working days before the proposed starting date of the contract.
(2) The office of financial management shall review and approve state-funded personal service contracts subject to competitive solicitation that provide services relating to management consulting, organizational development, marketing, communications, employee training, or employee recruiting.
NEW SECTION. Sec. 8. A new section is added to chapter 39.29 RCW to read as follows:
The office of financial management shall maintain a publicly available list of all personal service contracts entered into by state agencies during each fiscal year. The list shall identify the contracting agency, the contractor, the purpose of the contract, effective dates and periods of performance, the cost of the contract and funding source, any modifications to the contract, and whether the contract was competitively procured or awarded on a sole source basis. The office of financial management shall also ensure that state accounting definitions and procedures are consistent with RCW 39.29.006 and permit the reporting of personal services expenditures by agency and by type of service. Designations of type of services shall include, but not be limited to, management and organizational services, legal and expert witness services, financial services, computer and information services, social or technical research, marketing, communications, and employee training or recruiting services. The office of financial management shall report annually to the fiscal committees of the senate and house of representatives on sole source contracts filed under this chapter. The report shall describe: (1) The number and aggregate value of contracts for each category established in this section; (2) the number and aggregate value of contracts of two thousand five hundred dollars or greater but less than ten thousand dollars; (3) the number and aggregate value of contracts of ten thousand dollars or greater; (4) the justification provided by agencies for the use of sole source contracts; and (5) any trends in the use of sole source contracts.
NEW SECTION. Sec. 9. A new section is added to chapter 39.80 RCW to read as follows:
Contracts entered into by any state agency for architectural and engineering services, and modifications thereto, shall be reported to the office of financial management on a quarterly basis, in such form as the office of financial management prescribes."
Representative Valle 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 Ogden and Silver spoke in favor of passage of the bill.
On motion of Representative Wood, Representative Padden was excused.
On motion of Representative J. Kohl, Representative Zellinsky was excused.
The Speaker assumed the chair.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1404.
ROLL CALL
The Clerk called the roll on final passage of Engrossed House Bill No. 1404 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, 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 and Mr. Speaker - 96.
Excused: Representatives Padden and Zellinsky - 2.
Engrossed House Bill No. 1404, having received the constitutional majority, was declared passed.
MOTION
On motion of Representative Peery, the House immediately began consideration of House Bill No. 1412.
HOUSE BILL NO. 1412, by Representatives R. Meyers, Padden, Dellwo and Scott
Changing provisions relating to prejudgment interest.
The bill was read the second time.
On motion of Representative Appelwick, Substitute House Bill No. 1412 was substituted for House Bill No. 1412 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1412 was read the second time.
Representative Sheldon moved the following amendment by Representatives Sheldon and others:
On page 2, line 15 after "damages" insert "or is found to be noneconomic damages"
On page 2, after line 33 insert "(5) "Noneconomic damages as used in subsection (3) of this section means subjective, nonmonetary losses, including, but not limited to pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation, and destruction of the parent-child relationship."
Representatives Sheldon and Dyer spoke in favor of adoption of the amendment and Representative Appelwick spoke against. The amendment was adopted.
Representative Morris moved the following amendment by Representatives Morris and others:
On page 3, after line 3 insert the following:
"Sec. 3. RCW 4.56.115 and 1983 c 147 § 2 are each amended to read as follows:
Judgments founded on the tortious conduct of the state of Washington or of the political subdivisions, municipal corporations, and quasi municipal corporations of the state, whether acting in their governmental or proprietary capacities, shall bear interest ((from the date of entry at the maximum rate permitted under RCW 19.52.020 on the date of entry thereof: PROVIDED, That in any case where a court is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered)) in accordance with the provisions of RCW 4.56.110."
Representatives Morris and Padden spoke in favor of adoption of the amendment and it was adopted.
With the consent of the House, Representative Dyer withdrew amendment number 52.
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 Appelwick, Padden and Van Luven spoke in favor of passage of the bill and Representative Dyer spoke against it.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1412.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1412 and the bill passed the House by the following vote: Yeas - 68, Nays - 30, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Bray, Brough, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Fuhrman, 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., Miller, Morris, Myers, H., Padden, Patterson, Peery, Pruitt, Quall, Reams, Riley, Roland, Romero, Schmidt, Scott, Sehlin, Sheahan, Shin, Springer, Stevens, Thibaudeau, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood and Mr. Speaker - 68.
Voting nay: Representatives Ballard, Basich, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Flemming, Foreman, Forner, Horn, Lisk, Mielke, Morton, Ogden, Orr, Rayburn, Rust, Schoesler, Sheldon, Silver, Sommers, Talcott, Tate, Thomas, Valle, Vance and Zellinsky - 30.
Engrossed Substitute House Bill No. 1412, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House immediately consider House Bill No. 1343 on today's second reading calendar. The motion was carried.
HOUSE BILL NO. 1343, by Representatives Morris, Ballasiotes, Brough, Leonard, Heavey, Scott, G. Cole, R. Fisher, Kremen, Long, Rust, Carlson, Veloria, Dellwo, Karahalios, Wang, Grant, Jones, Wolfe, Franklin, Forner, Jacobsen, Appelwick, Campbell, H. Myers, Kessler, Springer, Miller, Locke, Roland, Valle, Basich, Wood, Quall, King, Johanson, Hansen, L. Johnson, Ogden, J. Kohl, Wineberry and Anderson
Allowing the reduction in sentences of battered women convicted of murder prior to July 23, 1989.
The bill was read the second time.
On motion of Representative Morris, Substitute House Bill No. 1343 was substituted for House Bill No. 1343 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1343 was read the second time.
On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Morris and Ballasiotes spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1343.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1343 and the bill passed the House by the following vote: Yeas - 95, Nays - 3, 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, 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, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Voting nay: Representatives Fuhrman, Padden and Riley - 3.
Substitute House Bill No. 1343, having received the constitutional majority, was declared passed.
With the consent of the House, the House considered House Bill No. 1765 on today's second reading calendar.
HOUSE BILL NO. 1765, by Representatives L. Johnson, Morris, Long, Cooke, Dellwo, Mastin, Thibaudeau, Campbell, Riley, Johanson, Karahalios, Eide, J. Kohl, Springer and Leonard
Creating a corrections mental health center operated through a partnership of the department of corrections and the University of Washington.
The bill was read the second time.
On motion of Representative Morris, Substitute House Bill No. 1765 was substituted for House Bill No. 1765 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1765 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 Long spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1765.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1765 and the bill passed the House by the following vote: Yeas - 96, Nays - 2, Absent - 0, Excused - 0.
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., 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: Representatives Ballasiotes and Flemming - 2.
Substitute House Bill No. 1765, having received the constitutional majority, was declared passed.
With the consent of the House, the House considered House Bill No. 1817 on the second reading calendar.
HOUSE BILL NO. 1817, by Representatives L. Johnson, Morris, Long, Edmondson, Valle, Rayburn, Karahalios, Riley, Springer, Campbell and Cothern
Directing the department of corrections to review the offender health care system.
The bill was read the second time.
On motion of Representative Morris, Substitute House Bill No. 1817 was substituted for House Bill No. 1817 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1817 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 Long spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1817.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1817 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. 1817, having received the constitutional majority, was declared passed.
With the consent of the House, the House considered House Bill No. 1912 on the second reading calendar.
HOUSE BILL NO. 1912, by Representatives Morris and Long
Establishing guidelines for allowing witnesses at an execution.
The bill was read the second time.
On motion of Representative Morris, Substitute House Bill No. 1912 was substituted for House Bill No. 1912 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1912 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 Morris, Long and Padden spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1912.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1912 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, 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, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Voting nay: Representative Wang - 1.
Substitute House Bill No. 1912, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved the House immediately consider House Bill No. 1160. The motion was carried.
HOUSE BILL NO. 1160, by Representatives R. Johnson, Ballasiotes, Padden, Long, Fuhrman, Campbell, Kremen, Brough, Jones, Quall, Pruitt, Rayburn, Sheahan, Horn, Brumsickle, Van Luven, Talcott, Lisk, Edmondson, Mielke, King, Miller, Wood, Foreman, Sehlin and Silver
Providing for notification to crime victims of certain rights.
The bill was read the second time.
On motion of Representative Ludwig, Substitute House Bill No. 1160 was substituted for House Bill No. 1160 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1160 was read the second time.
Representative H. Myers moved adoption of the following amendment by Representative H. Myers:
On page 1, after line 3, insert the following:
"Sec. 1. RCW 7.69.020 and 1985 c 443 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Crime" means an act punishable as a felony, gross misdemeanor, or misdemeanor under the laws of this state or equivalent federal or local law.
(2) "Survivor" or "survivors" of a victim of crime means a spouse, child, parent, legal guardian, sibling, or grandparent. If there is more than one survivor of a victim of crime, one survivor shall be designated by the prosecutor to represent all survivors for purposes of providing the notice to survivors required by this chapter.
(3) "Victim" means a person against whom a crime has been committed or the representative of a person against whom a crime has been committed.
(4) "Victim impact statement" means a statement submitted to the court by the victim or a survivor, individually or with the assistance of the prosecuting attorney if assistance is requested by the victim or survivor, which may include but is not limited to information assessing the financial, medical, social, and psychological impact of the offense upon the victim or survivors.
(5) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution in a criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not an action or proceeding has been commenced.
(6) "Crime victim/witness program" means any crime victim and witness program of a county or local law enforcement agency or prosecutor's office, any rape crisis center's sexual assault victim advocacy program as provided in chapter 70.125 RCW, any domestic violence program's legal and community advocate program for domestic violence victims as provided in chapter 70.123 RCW, or any other crime victim advocacy program which provides trained advocates to assist crime victims during the investigation and prosecution of the crime."
On page 3, after line 20, insert the following:
"Sec. 3. RCW 7.69A.020 and 1992 c 188 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Crime" means an act punishable as a felony, gross misdemeanor, or misdemeanor under the laws of this state or equivalent federal or local law.
(2) "Child" means any living child under the age of eighteen years.
(3) "Victim" means a living person against whom a crime has been committed.
(4) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution in a criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not an action or proceeding has been commenced.
(5) "Family member" means child, parent, or legal guardian.
(6) "Advocate" means any person, including a family member not accused of a crime, who provides support to a child victim or child witness during any legal proceeding.
(7) "Court proceedings" means any court proceeding conducted during the course of the prosecution of a crime committed against a child victim, including pretrial hearings, trial, sentencing, or appellate proceedings.
(8) "Identifying information" means the child's name, address, location, and photograph, and in cases in which the child is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator.
(9) "Crime victim/witness program" means any crime victim and witness program of a county or local law enforcement agency or prosecutor's office, any rape crisis center's sexual assault victim advocacy program as provided in chapter 70.125 RCW, any domestic violence program's legal and community advocate program for domestic violence victims as provided in chapter 70.123 RCW, or any other crime victim advocacy program which provides trained advocates to assist crime victims during the investigation and prosecution of the crime."
Representative H. Myers spoke in favor of adoption of the amendment and it was adopted.
Representative H. Myers moved adoption of the following amendment by Representative H. Myers:
On page 5, after line 3, insert the following:
"Sec. 3. RCW 43.280.010 and 1990 c 3 s 1201 are each amended to read as follows:
The legislature recognizes the need to increase ((the)) services available to ((the)) victims of ((sex offenders)) crime. The legislature also recognizes that these services are most effectively planned and provided at the local level through the combined efforts of concerned community and citizens groups, treatment providers, and local government officials. The legislature further recognizes that adequate treatment for victims is not only a matter of justice for the victim, but also a method by which additional ((abuse)) crime can be prevented.
The legislature intends to enhance the community-based ((treatment)) services available to ((the)) victims of ((sex offenders)) crime by:
(1) Establishing the office of crime victims' advocacy to provide a focus within state government on the rights of, and services for, victims of crime;
(2) Providing funding support for local ((treatment)) programs ((which)) that provide services to victims of ((sex offenders)) crime;
(((2))) (3) Providing technical assistance and support to help communities plan for and provide ((treatment)) services to crime victims; and
(((3))) (4) Providing communities and local ((treatment)) service providers with opportunities to share information about successful prevention and treatment programs.
NEW SECTION. Sec. 4. An office of crime victims' advocacy is established within the department of community development. The purpose of the office is to provide a focus within state government on the rights of, and services for, victims of crime.
The office of crime victims' advocacy shall:
(1) Advocate for programs and policies that strengthen victim rights and improve the quality and accessibility of services for victims;
(2) Serve as an ombuds to assist victims in obtaining needed services, and to investigate situations in which victims believe their rights have been violated;
(3) Serve as a clearinghouse of information regarding services, statutes, and research related to crime victims;
(4) Work with crime victim service organizations to provide leadership in the development of public policy relative to crime victim issues;
(5) Facilitate the development of standards for the provision of services to crime victims upon the request of providers of such services and affected regulatory agencies;
(6) Facilitate the planning and provision of training for providers of crime victim services including, but not limited to, personnel in social service, criminal justice, medical, and education systems;
(7) Administer grant funds that are made available to enhance the capacity of communities to serve victims of crime and to prevent victimization; and
(8) Provide technical assistance to state and community organizations to help them serve victims of crime.
NEW SECTION. Sec. 5. The crime victims' ombuds is created within the office of crime victims' advocacy.
(1) The crime victims' ombuds may investigate complaints concerning possible violation of the rights of crime victims or witnesses provided for by law, the delivery of services to crime victims, claims for crime victims compensation under chapter 7.68 RCW, and other complaints of mistreatment by elements of the criminal justice system or victim service providers. Clients or other affected individuals who have complaints regarding a policy or procedure, or the application of a policy or procedure, of the department of social and health services, shall be referred to the complaint resolution process established under RCW 74.13.045 if the complaint is related to programs administered under chapter 74.13 RCW. The ombuds shall act as a liaison, if requested, between agencies in the criminal justice system or victim service providers, and victims and witnesses. The ombuds shall be available through the use of a toll-free telephone number and shall answer questions concerning the criminal justice system and victim services from victims and witnesses in accordance with the ombuds' knowledge of the facts or law, unless the information is otherwise restricted.
(2) The crime victim ombuds has those powers necessary to carry out the duties set out in subsection (1) of this section, including:
(a) The ombuds may investigate any action of an element of the criminal justice system or a victim assistance program.
(b) The ombuds may request and be given access to all information pertaining to a complaint, including any records pertaining to juveniles and juvenile offenders. Records obtained under this chapter shall not be released to any person by the office of crime victims' advocacy.
(c) After completing investigation of a complaint, the ombuds may inform in writing the complainant, the investigated person or entity, and other appropriate authorities of the action taken.
(3)(a) On finding a complaint valid after duly considering the complaint and whatever material the ombuds deems pertinent, the ombuds may recommend action to the appropriate authority.
(b) If the ombuds makes a recommendation to an appropriate authority for action, the authority shall, within a reasonable time period, inform the ombuds about the action taken or the reasons for not complying with the recommendation.
(4) The crime victims' ombuds shall not serve as legal counsel to any person in a civil or criminal proceeding.
(5) The executive administrator of the office of crime victims' advocacy shall establish procedures to ensure the impartiality of all ombuds actions including those that involve crime victim programs funded by the department of community development.
NEW SECTION. Sec. 6. The executive administrator of the office of crime victims' advocacy shall be appointed by and report to the director of the department of community development.
NEW SECTION. Sec. 7. A new section is added to chapter 41.06 RCW to read as follows:
In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter do not apply to the executive administrator of the office of crime victims' advocacy.
Sec. 8. RCW 43.280.020 and 1990 c 3 s 1203 are each amended to read as follows:
There is established in the department of community development a grant program to enhance the funding for treating the victims of sex offenders and prevention of sexual assault victimization. Activities that can be funded through this grant program are limited to those that:
(1) Provide effective treatment or prevention services to victims of sex offenders;
(2) Increase access to and availability of treatment or prevention services for victims of sex offenders, particularly if from undeserved populations; and
(3) Create or build on efforts by existing community programs, coordinate those efforts, or develop cooperative efforts or other initiatives to make the most effective use of resources to provide treatment or prevention services to these victims.
Funding priority shall be given to those applicants that represent well-established existing programs and applicants that represent new programs that are being created in geographic areas where no programs presently exist.
Sec. 9. RCW 43.280.030 and 1990 c 3 s 1204 are each amended to read as follows:
Applications for funding under this chapter must:
(1) Present evidence demonstrating how the criteria in RCW ((43.280.010)) 43.280.020 will be met and demonstrating the effectiveness of the proposal.
(2) Contain evidence of active participation of the community and its commitment to providing ((an)) effective treatment or prevention services for victims of sex offenders through the participation of local governments, tribal governments, human service and health organizations, and treatment entities and through meaningful involvement from others, including citizen groups, as applicable.
Sec. 10. RCW 43.280.050 and 1990 c 3 s 1206 are each amended to read as follows:
At a minimum, grant applications must include the following:
(1) The geographic area from which the victims or persons at-risk of becoming victims to be served are expected to come;
(2) A description of the extent and effect of the needs of these victims and persons at-risk of becoming victims within the relevant geographic area;
(3) An explanation of how the funds will be used, their relationship to existing services available within the community, and the need that they will fulfill;
(4) An explanation of what organizations were involved in the development of the proposal; and
(5) An evaluation methodology.
Sec. 11. RCW 43.280.060 and 1990 c 3 s 1207 are each amended to read as follows:
(1) Subject to funds appropriated by the legislature, the department of community development shall make awards under the grant program established by RCW 43.280.020.
(2) Awards shall be made competitively based on the purposes of and criteria in this chapter.
(3) To aid the department of community development in making its determination, the department shall form a peer review committee comprised of the executive administrator or designee for the office of crime victims' advocacy ((office)) and individuals who have experience in ((the treatment of victims of predatory violent sex offenders)) providing sexual assault treatment or prevention services. The peer review committee shall advise the department on the extent to which each eligible applicant meets the purposes and criteria of this chapter. The department shall consider this advice in making awards.
(4) Activities funded under this section may be considered for funding in future years, but shall be considered under the same terms and criteria as new activities. Funding under this chapter shall not constitute an obligation by the state of Washington to provide ongoing funding.
NEW SECTION. Sec. 12. Records maintained by the office of crime victims' advocacy are not subject to discovery in any judicial proceeding unless:
(1) A written motion is made to a court stating that discovery is requested of such records;
(2) The written motion is accompanied by an affidavit or affidavits setting forth specifically the reasons why discovery is requested of office of crime victims' advocacy records;
(3) The court reviews the office of crime victims' advocacy records in camera to determine whether the records are relevant and whether the probative value of the records are outweighed by the victim's privacy interest in the confidentiality of such records, taking into account the further trauma that may be inflicted upon the victim by the disclosure of the records; and
(4) The court enters an order stating whether the records or any part of the records are discoverable and setting forth a basis for the courts findings.
NEW SECTION. Sec. 13. No member of the office of crime victims' advocacy may be compelled to testify in any court with respect to matters involving the exercise of the ombuds functions of the office, except for the purpose of establishing the validity of records that may be entered into evidence pursuant to section 12 of this act.
Sec. 14. RCW 42.17.310 and 1992 c 139 s 5 and 1992 c 71 s 12 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (((a))) (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (((b))) (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.
(p) Financial disclosures filed by private vocational schools under chapter 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses during application for loans or program services provided by chapter 43.163 RCW and chapters 43.31, 43.63A, and 43.168 RCW.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.
(w) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(x) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(y) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(z) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(aa) Financial and valuable trade information under RCW 51.36.120.
(bb) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or a rape crisis center as defined in RCW 70.125.030.
(cc) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(dd) Business related information protected from public inspection and copying under RCW 15.86.110.
(ee) Records maintained by the office of crime victims' advocacy related to the ombuds functions of the office that disclose or could be used to disclose the identity of a crime victim or complainant.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
NEW SECTION. Sec. 15. Sections 4 through 6, 12, and 13 of this act are each added to chapter 43.280 RCW."
Representative H. Myers 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 R. Johnson and Ballasiotes spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1160.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1160 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.
Engrossed Substitute House Bill No. 1160, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker (Representative R. Meyers presiding) called the House to order.
MESSAGE FROM THE SENATE
March 16, 1993
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5050,
SECOND SUBSTITUTE SENATE BILL NO. 5288,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5868,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Sheldon moved the House immediately consider the following bills in the following order: House Bill No. 1128, House Bill No. 1394, House Bill No. 1442, House Bill No. 1518, House Bill No. 1529 and Substitute House Bill No. 1622. The motion was carried.
HOUSE BILL NO. 1128, by Representatives G. Fisher, Holm, Silver, Vance, Edmondson, Heavey, Foreman, Ballard, Brough, Long, Miller and Brumsickle; by request of Washington State Patrol
Funding blood and breath alcohol testing programs.
The bill was read the second time.
On motion of Representative Holm, Substitute House Bill No. 1128 was substituted for House Bill No. 1128 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1128 was read the second time.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives G. Fisher and Foreman spoke in favor of passage of the bill.
On motion of Representative Wood, Representative Thomas was excused.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1128.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1128 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, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Thomas - 1.
Substitute House Bill No. 1128, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1394, by Representatives R. Fisher, R. Meyers, Pruitt, Campbell and Jacobsen
Strengthening penalties for improper use of HOV lanes.
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 R. Fisher and Schmidt 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. 1394.
ROLL CALL
The Clerk called the roll on final passage of House Bill No. 1394 and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, 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, 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, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Voting nay: Representatives King, Riley and Springer - 3.
Excused: Representative Thomas - 1.
House Bill No. 1394, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1442, by Representatives R. Johnson, Roland and J. Kohl
Creating a watershed management task force.
The bill was read the second time.
On motion of Representative Pruitt, Substitute House Bill No. 1442 was substituted for House Bill No. 1442 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1442 was read the second time.
Representative R. Johnson moved adoption of the following amendment by Representatives R. Johnson and Pruitt:
On page 1 strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. FINDINGS AND PURPOSE. The legislature finds that there is a need to comprehensively review the policies and institutional framework governing the management, protection and enhancement of water resources in the state of Washington. As a result of the proliferation of water resource programs, planning requirements and everincreasing demands on the resource, the need for coordinated and efficient water resource is essential. In order to provide a consolidated approach to water resource management and to provide consistent and timely decisionmaking, the legislature further finds that, to the extent possible, the executive and the legislative branches of state government should work together with the help of local governments and tribal governments on water resources issues which are statewide in their significance.
It is therefore the purpose of this act to create a water resource commission to comprehensively review the water resource management programs in the state and make recommendations for improvement and implementation of management decisions.
NEW SECTION. Sec. 2. COMMISSION CREATED. (1) There is created the Washington water resources policy commission. The commission shall be comprised as follows:
(a) The governor, or the governor's representative;
(b) Three members of the house of representatives: The chair of the house agriculture and rural development committee, the chair of the natural resources and parks committee, and the minority leader or his or her designee;
(c) Three members of the senate: The chair of the senate ecology and parks committee, the chair of the senate energy and utilities committee, and the minority leader or his or her designee;
(d) No more than three members, appointed by the governor, from federally recognized Indian tribes, who will not be expected to represent any Indian tribes other than their own;
(e) Three members, appointed by the governor, to represent general purpose local governments;
(f) No more than six members, appointed by the governor, to represent the following interests:
(i) Agriculture, including one member from the east side of the cascade mountains and one member from the west side of the cascade mountains;
(ii) Environmental organizations;
(iii) Commercial timber landowners;
(iv) Fisheries and wildlife; and,
(v) Utilities.
(2) The commission shall convene at the call of the governor under section 4 of this act, and the governor or his representative shall be the chair.
(3) The governor shall provide the staff for the commission. Whenever practicable, existing employees of state government shall be used on a temporary basis to assist in staffing the commission. The commissioner of public lands and the attorney general shall cooperate in assuring the assignment of staff having expertise in the matters under review by the commission.
(4) Commission members appointed under subsections (1)(d) and (1) (f) of this section are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each members
place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 43.03 RCW.
(5) The governor shall make the appointments required under this section no later than sixty days following the effective date of this act.
(6) Except as specifically provided in this act, the commission shall determine the procedures for conducting its activities. In
any report or recommendations to the governor and the legislature, the commission shall allow the inclusion of minority positions.
(7) The commission may enter into contracts for the performance of work necessary to assist the commission in its duties under this act.
NEW SECTION. Sec. 3. COMMISSION DUTIES. The commission shall conduct a comprehensive review of water resources management in washington that includes:
(1) An identification of all programs governing flood and storm water management, water supply delivery, water quality protection, instream flow and riparian protection, and other water resource management needs;
(2) An assessment of the performance of existing programs in achieving coordinated water resource management, that identifies specific conflicting or inconsistent policies, strategies, standards, jurisdiction or planning requirements;
(3) Recommendations for the coordination and integration of state water resource programs, emphasizing watershed-based strategies for water resource management, including an assessment of the need for an independent water resources agency;
(4) An identification of state and local water resources and water quality funding programs.
(5) Recommendations for consolidation and expansion of state water resources program funding and water quality program funding with
specific attention given to a long-term consistent and stable funding structure;
(6) Recommendations for state and local government coordination of water quality and resource planning consistent with the programs and objectives of the growth management act.
NEW SECTION. Sec. 4. COMMISSION MEETINGS. Within ninety days following the effective date of this act, the governor
shall convene the initial meeting of the commission. The commission shall determine the location and frequency of its meetings, but shall meet at least monthly. Commission meetings shall be open to the public. The commission shall endeavor to provide opportunities for public comment within its meeting schedule.
NEW SECTION. Sec. 5. COMMISSION REPORTS. The commission shall report to the legislature and the governor, with detail, on those subjects required to be reviewed in section 3 of this act, no later than November 1, 1994. The report shall describe current conditions and program effectiveness, and shall include specific recommendations for legislative and administrative action to meet the legislative purpose set forth in this act.
NEW SECTION. Sec. 6. FEDERALLY RECOGNIZED INDIAN TRIBES. The legislature recognizes that federally recognized Tribes and the state of Washington have historical relationships and unique rights governed by federal and state constitutions, statutes, and treaties with the United States government and executive orders of the President of the United States. Federally recognized Indian Tribes are independent sovereign governments. Tribal participation on the commission created in this act is intended to provide direct input and to enhance coordination between governments; however, participation does not imply formal representation individually or collectively of the federally recognized Indian tribes.
NEW SECTION. Sec. 7. The water resources policy commission created in this act shall recognize, and to the extent practicable coordinate with, the department of ecology water resources program
and any advisory bodies to the department of ecology water resources program.
NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support the state government and its existing public institutions, and shall take effect immediately.
NEW SECTION. Sec. 9. Captions as used in this act constitute no part of the law.
NEW SECTION. Sec. 10. Sections 1 through 10 of this act and the Washington water resources policy commission shall expire December 31, 1996."
Representative Morton moved adoption of the following amendment to the amendment:
On page 2, line 9, strike "six" and insert "seven"
On page 2, after line 15, insert "(iv) Non-industrial small timber landowners of less than two hundred acres;"
Representatives R. Johnson and Morton spoke in favor of adoption of the amendment to the amendment and it was adopted.
Representative Morton moved adoption of the following amendment to the amendment:
On page 3, line 26, strike "including an assessment of the need for an independent water resources agency"
Representative Morton spoke in favor of adoption of the amendment and Representative R. Johnson spoke against it. The amendment was not adopted.
Representative Morton moved adoption of the following amendment to the amendment:
On page 5, line 5, after "program." insert the following:
"The department of natural resources shall have general oversight of the commission and shall coordinate its activities."
Representative Morton spoke in favor of adoption of the amendment and Representative R. Johnson spoke against it. The amendment was not adopted.
The amendment as amended 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 R. Johnson 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 Substitute House Bill No. 1442.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1442 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, 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, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Voting nay: Representative Chandler - 1.
Excused: Representative Thomas - 1.
Engrossed Substitute House Bill No. 1442, having received the constitutional majority, was declared passed.
With the consent of the House, the House deferred consideration of House Bill No. 1518 and the bill held its place on the second reading calendar.
HOUSE BILL NO. 1529, by Representatives Springer, Morton, Chappell, Holm, Campbell, King, Jones, Basich, Rayburn, Sheldon and Kessler; by request of Office of Financial Management
Reauthorizing certain timber programs.
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 amendments see Journal, 57th Day, March 8,1993)
On motion of Representative Valle, Substitute House Bill No. 1529 was substituted for House Bill No. 1529 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1529 was read the second time.
Representative Valle moved adoption of the committee amendments and spoke in favor of them. The committee amendments were 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 Springer, Forner and 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 Engrossed Substitute House Bill No. 1529.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1529 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, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Thomas - 1.
Engrossed Substitute House Bill No. 1529, having received the constitutional majority, was declared passed.
SUBSTITUTE 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 Rayburn moved adoption of the following amendment by Representative Rayburn:
On page 13, line 14, after "in" strike "chapters 34.05 and ((42.32)) 42.30" and insert "chapter((s)) 34.05 ((and 42.32))"
Representative Rayburn 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 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 Engrossed Substitute House Bill No. 1622.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1622 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, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Thomas - 1.
Engrossed Substitute House Bill No. 1622, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1690, by Representatives Rust, Hansen, Chandler and Bray
Changing provisions relating to hazardous waste permits.
The bill was read the second time.
On motion of Representative Rust, Substitute House Bill No. 1690 was substituted for House Bill No. 1690 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1690 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 Rust 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. 1690.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1690 and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, 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, 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, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Voting nay: Representatives Fuhrman, Horn and Van Luven - 3.
Excused: Representative Thomas - 1.
Substitute House Bill No. 1690, having received the constitutional majority, was declared passed.
MOTION
Representative Sheldon moved that the House considered the following bills in the following order: House Bill No. 1781 and House Bill No. 1814 on today's second reading calendar. The motion was carried.
HOUSE BILL NO. 1781, by Representatives Chandler, Hansen and Rust
Allowing counties to assess fees for hazardous waste incineration.
The bill was read the second time.
On motion of Representative Rust, Substitute House Bill No. 1781 was substituted for House Bill No. 1781 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1781 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 Chandler, Hansen and Rust spoke in favor of passage of the bill and Representative Horn spoke against it.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1781.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1781 and the bill passed the House by the following vote: Yeas - 88, Nays - 9, 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, 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, Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 88.
Voting nay: Representatives Dyer, Fuhrman, Horn, Meyers, R., Reams, Riley, Roland, Vance and Van Luven - 9.
Excused: Representative Thomas - 1.
Substitute House Bill No. 1781, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1814, by Representatives Hansen, Chandler, Rust and Bray
Requiring additional financial responsibility for hazardous waste disposal facilities that incinerate hazardous wastes or substances.
The bill was read the second time.
On motion of Representative Rust, Substitute House Bill No. 1814 was substituted for House Bill No. 1814 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1814 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 Hansen and Chandler spoke in favor of passage of the bill and Representative Horn spoke against it.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1814.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1814 and the bill passed the House by the following vote: Yeas - 77, Nays - 20, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Chandler, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Sommers, Springer, Talcott, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 77.
Voting nay: Representatives Ballard, Casada, Cooke, Dyer, Edmondson, Forner, Fuhrman, Horn, Johnson, R., Meyers, R., Mielke, Miller, Reams, Riley, Roland, Silver, Stevens, Tate, Vance and Van Luven - 20.
Excused: Representative Thomas - 1.
Substitute House Bill No. 1814, 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. 1236 and House Bill No. 1518. The motion was carried.
HOUSE BILL NO. 1236, by Representatives Rust, Pruitt and Sheldon; by request of Department of Ecology
Establishing fees for certain water rights.
The bill was read the second time. Committee on Natural Resources & Parks recommendation: Majority do pass substitute. Committee on Revenue recommendation: Majority do pass substitute by Committee on Natural Resources & Parks as amended by Committee on Revenue. (For Committee amendments see Journal, 57th Day, March 8,1993)
On motion of Representative Pruitt, Substitute House Bill No. 1236 was substituted for House Bill No. 1236 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1236 was read the second time.
Representative Holm moved adoption of the committee amendments and spoke in favor of them. The committee amendments were adopted.
Representative Pruitt moved the adoption of the following striking amendment by Representatives Pruitt and Morton:
On page 1, strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that a water right confers significant economic benefits to the water right holder. The fees associated with acquiring a water right have not changed significantly since 1917. Water rights applicants pay less than two percent of the costs of the administration of the water rights program. The legislature finds that, since water rights are of significant value, water rights applicants should contribute more to the cost of administration of the water rights program.
The legislature also finds that an abrupt increase in water rights fees could be disruptive to water rights holders and applicants. The legislature further finds that water rights applicants have a right to know that the water rights program is being administered efficiently and that the fees charged for various services relate directly to the cost of providing those services.
Therefore, the legislature creates a task force to review the water rights program, to make recommendations for streamlining the application process and increasing the overall efficiency and accountability of the administration of the program, and to return to the legislature with a proposal for a fee schedule where the fee levels relate clearly to the cost of services provided.
Sec. 2. RCW 90.03.015 and 1987 c 109 s 65 are each amended to read as follows:
As used in this chapter:
(1) "Department" means the department of ecology;
(2) "Director" means the director of ecology; ((and))
(3) "Person" means any firm, association, water users' association, corporation, irrigation district, or municipal corporation, as well as an individual;
(4) "Reservoir" means any water stored for a beneficial use held behind a dam or dike to a depth of ten feet or more at its deepest point, or of ten or more acre-feet of water. A reservoir is also a water holding impoundment adjacent to a stream channel when water will be required to fill it, if the water in the holding area is of a depth of ten feet or more at its deepest point or is of ten or more acre-feet; and
(5) "Short-term water use" means an emergency use of water or a nonrecurring temporary use of water for up to four months duration, with a possible extension of not more than four additional months upon approval by the department.
Sec. 3. RCW 90.03.470 and 1987 c 109 s 98 are each amended to read as follows:
The following fees shall be collected by the department in advance:
(1) For the examination of an application for permit to appropriate water or on application to change point of diversion, withdrawal, purpose or place of use, a minimum of ten dollars, to be paid with the application. For each second foot between one and five hundred second feet, two dollars per second foot; for each second foot between five hundred and two thousand second feet, fifty cents per second foot; and for each second foot in excess thereof, twenty cents per second foot. For each acre foot of storage up to and including one hundred thousand acre feet, one cent per acre foot, and for each acre foot in excess thereof, one-fifth cent per acre foot. The ten dollar fee payable with the application shall be a credit to that amount whenever the fee for direct diversion or storage totals more than ten dollars under the above schedule and in such case the further fee due shall be the total computed amount less ten dollars.
Within five days from receipt of an application the department shall notify the applicant by registered mail of any additional fees due under the above schedule and any additional fees shall be paid to and received by the department within thirty days from the date of filing the application, or the application shall be rejected.
(2) For filing and recording a permit to appropriate water for irrigation purposes, forty cents per acre for each acre to be irrigated up to and including one hundred acres, and twenty cents per acre for each acre in excess of one hundred acres up to and including one thousand acres, and ten cents for each acre in excess of one thousand acres; and also twenty cents for each theoretical horsepower up to and including one thousand horsepower, and four cents for each theoretical horsepower in excess of one thousand horsepower, but in no instance shall the minimum fee for filing and recording a permit to appropriate water be less than five dollars. For all other beneficial purposes the fee shall be twice the amount of the examination fee except that for individual household and domestic use, which may include water for irrigation of a family garden, the fee shall be five dollars.
(3) For filing and recording any other water right instrument, four dollars for the first hundred words and forty cents for each additional hundred words or fraction thereof.
(4) For making a copy of any document recorded or filed in his office, forty cents for each hundred words or fraction thereof, but when the amount exceeds twenty dollars, only the actual cost in excess of that amount shall be charged.
(5) For certifying to copies, documents, records or maps, two dollars for each certification.
(6) For blueprint copies of a map or drawing, or, for such other work of a similar nature as may be required of the department, at actual cost of the work.
(7) For granting each extension of time for beginning construction work under a permit to appropriate water, an amount equal to one-half of the filing and recording fee, except that the minimum fee shall be not less than five dollars for each year that an extension is granted, and for granting an extension of time for completion of construction work or for completing application of water to a beneficial use, five dollars for each year that an extension is granted.
(8) For the inspection of any hydraulic works to insure safety to life and property, the actual cost of the inspection, including the expense incident thereto.
(9) For the examination of plans and specifications as to safety of controlling works for storage of ten acre feet or more of water, a minimum fee of ten dollars, or the actual cost.
(10) For recording an assignment either of a permit to appropriate water or of an application for such a permit, a fee of five dollars.
(11) For preparing and issuing all water right certificates, five dollars.
(12) For filing and recording a protest against granting any application, two dollars.
The department shall provide timely notification by certified mail with return receipt requested to applicants that fees are due. No action may be taken until the fee is paid in full. Failure to remit fees within sixty days of the department's notification shall be grounds for rejecting the application or canceling the permit. Cash shall not be accepted. Fees must be paid by check or money order and are nonrefundable.
For purposes of calculating fees for ground water filings, one cubic foot per second shall be regarded as equivalent to four hundred fifty gallons per minute.
NEW SECTION. Sec. 4. (1) There is created a water rights fees task force. The task force shall be comprised of fourteen members, who are appointed as follows:
(a) Two members of the Washington state house of representatives, one from each major caucus, to be appointed by the speaker of the house of representatives;
(b) Two members of the Washington state senate, one from each major caucus, to be appointed by the president of the senate;
(c) Ten members, to be appointed jointly by the speaker of the house of representatives and the president of the senate, to represent the following interests: Agriculture, aquaculture, business, cities, counties, the state department of ecology, environmentalists, water recreation interests, water utilities, and hydropower interests. The task force may establish technical advisory committees as necessary to complete its tasks.
(2) The task force shall conduct a comprehensive review of water rights fees. The task force's tasks shall include but not be limited to:
(a) Identification of the costs associated with the various activities and services provided by the water rights program and examination of how these costs compare with the fees charged for these activities and services;
(b) Identification of appropriate accountability measures for the department of ecology to employ in administration of the water rights program. Recommendations of accountability requirements and measurements shall take into account the distinctive characteristics of the water rights program, that is, that the department receives a large number of applications on a one-time basis and that the department of ecology must meet its legal obligations under the doctrine of prior appropriation;
(c) Identification of which program activities should be eligible for cost recovery from fees, as well as which direct and indirect costs of program administration;
(d) Review of the application, examination, and water rights permit requirements for marine water users to determine if these users should receive special fee consideration;
(e) Review of the definition and treatment of nonconsumptive water uses to determine if special fee consideration should be given to these users;
(f) Review of the fees and accounting methods for the dam safety program;
(g) Identification of the appropriate distribution of responsibility between the applicant and the department of ecology for provision of technical information and analysis; and
(h) Establishment of a reasonable time framework for completion of new and pending water rights applications, and an analysis of the staff and funding levels required to meet the established time framework.
(3) Before December 1, 1993, the task force shall:
(a) Provide recommendations to the department of ecology on ways to improve the efficiency and accountability of the water rights program;
(b) Provide recommendations to the legislature on statutory changes necessary to make these efficiency and accountability improvements; and
(c) Propose a new fee schedule for the water rights program which incorporates the results of the task force's work and which funds through fees fifty percent of the cost of the activities and services provided by the program.
(4) The department of ecology and the legislature shall jointly provide for the staff support of the task force.
(5) The task force shall convene as soon as possible upon the appointment of its members. Task force members shall elect a chair and adopt rules for conducting the business of the task force. The task force shall expire on June 30, 1994.
NEW SECTION. Sec. 5. The legislature requests that, by July 1, 1993, the department of ecology begin the rule-making process to adopt appropriate state policies on instream flow levels and hydraulic continuity. If the department is unable to develop consensus on these policies, the department shall provide to the appropriate legislative committees information on these two issue areas, data and documentation on work to date on establishing policies on these issues, and policy options for consideration by the legislature.
NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
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."
Representatives Pruitt and Morton 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.
Representative Pruitt 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. 1236.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1236 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, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Voting nay: Representative Van Luven - 1.
Excused: Representative Thomas - 1.
Engrossed Substitute House Bill No. 1236, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1518, by Representatives Valle, Dunshee, Pruitt, Rust, J. Kohl, Holm, Jacobsen, Linville and Eide
Creating a water trail recreation program.
The bill was read the second time.
On motion of Representative Pruitt, Substitute House Bill No. 1518 was substituted for House Bill No. 1518 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1518 was read the second time.
Representative Morton moved the adoption of the following amendment by Representative Morton:
On page 1, line 17, strike everything beginning with "(2)" through "province." on page 2, line 6.
On page 2, line 27, strike everything beginning with "NEW SECTION. Sec. 5." through "issued." on line 34.
On page 3, line 2, strike "from state-wide water trail permit fees collected pursuant to section 5 of this act,"
Representative Morton spoke in favor of adoption of the amendment and Representative Pruitt spoke against it. The amendment was not adopted.
Representative Morton moved the adoption of the following amendment by Representative Morton:
On page 2, line 2, strike ", after consultation with the water trail advisory committee,"
On page 2, line 32, strike "after consultation with the water trail advisory committee"
On page 3, line 14, strike "after consultation with the water trail advisory committee"
On page 3, line 25, strike everything beginning with "NEW SECTION. Sec. 9." through "of the committee." on page 4, line 21.
Representative Morton spoke in favor of the amendment and Representative Pruitt spoke against it. The amendment was not 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 Valle, Dunshee, Basich and Cooke spoke in favor of passage of the bill and Representatives Chandler and Morton spoke against it.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1518.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1518 and the bill passed the House by the following vote: Yeas - 87, Nays - 10, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, 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, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Scott, Sehlin, Sheldon, Shin, Silver, Sommers, Springer, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 87.
Voting nay: Representatives Ballasiotes, Chandler, Fuhrman, Lisk, Morton, Padden, Schmidt, Schoesler, Sheahan and Stevens - 10.
Excused: Representative Thomas - 1.
Substitute House Bill No. 1518, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1752, by Representatives Grant, Casada and Miller
Changing telephone relay service provisions.
The bill was read the second time.
On motion of Representative Grant, Substitute House Bill No. 1752 was substituted for House Bill No. 1752 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1752 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. 1752.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1752 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, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Thomas - 1.
Substitute House Bill No. 1752, having received the constitutional majority, was declared passed.
The Speaker assumed the chair.
With the consent of the House, the House immediately considered House Bill No. 1757. The motion was carried.
HOUSE BILL NO. 1757, by Representatives Heavey, Veloria, Brumsickle, Lisk and King
Requiring continuing education for electricians.
The bill was read the second time.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives G. Cole and Lisk spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1757.
ROLL CALL
The Clerk called the roll on final passage of House Bill No. 1757 and the bill passed the House by the following vote: Yeas - 92, Nays - 5, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Fuhrman, Grant, 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, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.
Voting nay: Representatives Ballasiotes, Chandler, Forner, Hansen and Schmidt - 5.
Excused: Representative Thomas - 1.
House Bill No. 1757, having received the constitutional majority, was declared passed.
With the consent of the House, the House considered House Bill No. 1806 on today's second reading calendar. The motion was carried.
HOUSE BILL NO. 1806, by Representatives Bray, Horn and Rust
Changing regulation and licensure of well contractors and operators.
The bill was read the second time. Committee on Environmental Affairs recommendation: Majority do pass substitute. Committee on Revenue recommendation: Majority do pass substitute by Committee on Environmental Affairs as amended by Committee on Revenue. (For Committee amendments see Journal, 57th Day, March 8,1993)
On motion of Representative Rust, Substitute House Bill No. 1806 was substituted for House Bill No. 1806 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1806 was read the second time.
Representative G. Fisher moved adoption of the committee amendments.
Representatives G. Fisher and Bray spoke in favor of adoption of the amendments. The committee amendments were adopted.
The bill was ordered engrossed.
On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Bray spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1806.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1806 and the bill passed the House by the following vote: Yeas - 78, Nays - 19, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Forner, Grant, 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, Riley, Roland, Romero, Rust, Schmidt, Scott, Sehlin, Shin, Sommers, Springer, Talcott, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 78.
Voting nay: Representatives Ballard, Casada, Chandler, Edmondson, Foreman, Fuhrman, Hansen, Lisk, Mielke, Morton, Padden, Schoesler, Sheahan, Sheldon, Silver, Stevens, Tate, Vance and Van Luven - 19.
Excused: Representative Thomas - 1.
Engrossed Substitute House Bill No. 1806, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House immediately consider House Bill No. 1569 on today's second reading calendar. The motion was carried.
HOUSE BILL NO. 1569, by Representatives Appelwick, Veloria, Wineberry, Romero, Wang, Locke, Thibaudeau, Wolfe, Brough, Miller, Leonard, Campbell, Cothern, L. Johnson, J. Kohl and Anderson
Changing provisions relating to malicious harassment.
The bill was read the second time.
On motion of Representative Appelwick, Substitute House Bill No. 1569 was substituted for House Bill No. 1569 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1569 was read the second time.
Representative Appelwick moved the adoption of the following amendment by Representative Appelwick:
On page 1, line 9, after "origin" insert "gender,"
On page 2, after line 25, insert the following:
"The legislature also finds that a hate crime committed against a victim because of the victim's gender may be identified in the same manner that a hate crime committed against a victim of another protected group is identified. Affirmative indications of hatred towards gender as a class is the predominant factor to consider. Other factors to consider include the perpetrator's use of language, slurs, or symbols expressing hatred towards the victim's gender as a class; the severity of the attack including mutilation of the victim's sexual organs; a history of similar attacks against victims of the same gender by the perpetrator or a history of similar incidents in the same area; a lack of provocation; an absence of any other apparent motivation; and common sense."
On page 2, line 33, after "origin," insert "gender,"
On page 3, line 21, after "origin," insert "gender,"
On page 3, line 37, after "origin," insert "gender,"
On page 4, line 12, after "origin," insert "gender,"
On page 17, line 1, after "origin," insert "gender,"
Representatives Appelwick and Padden spoke in favor of adoption of the amendment and it was adopted.
Representative Padden moved the adoption of the following amendment by Representatives Padden and others:
On page 1, strike everything after the enacting clause and insert"
NEW SECTION. Sec. 1. A new section is added to chapter 9A.36 RCW to read as follows:
The legislature finds that threats against persons or property which endanger the person or property are serious and increasing. The legislature also finds that such threats are often directed against individuals of various religions, colors, ancestries, or national origins. The legislature finds that the state interest in preventing threats against persons or property which endanger the person or property is as substantial as the state interest in preventing other felonies or misdemeanors such as criminal trespass, malicious mischief, assault, or other crimes, but that prosecution of those other crimes often inadequately protects citizens from such threats.
The legislature also finds that in many cases, certain discrete words or symbols are used to threaten individuals or their property. Some discrete words or symbols have historically or traditionally been used to connote hatred or threats towards individuals of particular races and religions. In particular, the legislature finds that cross burnings historically and traditionally have been used to threaten, terrorize, intimidate, and harass African Americans and their families. Cross burnings often preceded lynching, murders, burning of homes, and other acts of terror. Further, Nazi swastikas historically and traditionally have been used to threaten, terrorize, intimidate, and harass Jewish people and their families. Swastikas symbolize the massive destruction of the Jewish population, commonly known as the holocaust. Therefore, the legislature finds that burning or attempting to burn a cross or displaying a swastika on the property of another person or burning a cross or displaying a swastika as part of a series of acts directed towards a specific person, or a specific group of people may create a reasonable fear of harm in the mind of the person, or group of people as a threat to their life or property.
Sec. 2. RCW 9A.36.080 and 1989 c 95 s 1 are each amended to read as follows:
(1) A person is guilty of malicious harassment if he or she maliciously and with the intent to intimidate or harass another person ((because of, or in a way that is reasonably related to, associated with, or directed toward, that person's race, color, religion, ancestry, national origin, or mental, physical, or sensory handicap)):
(a) Causes physical injury to another person; ((or))
(b) ((By words or conduct places another person in reasonable fear of harm to his person or property or harm to the person or property of a third person. Such words or conduct include, but are not limited to, (i) cross burning, (ii) painting, drawing, or depicting symbols or words on the property of the victim when the symbols or words historically or traditionally connote hatred or threats toward the victim, or (iii) written or oral communication designed to intimidate or harass because of, or in a way that is reasonably related to, associated with, or directed toward, that person's race, color, religion, ancestry, national origin, or mental, physical, or sensory handicap. However, it does not constitute malicious harassment for a person to speak or act in a critical, insulting, or deprecatory way unless the context or circumstances surrounding the words or conduct places another person in reasonable fear of harm to his or her person or property or harm to the person or property of a third person; or
(c))) Causes physical damage to or destruction of the property of another person; or
(c) Threatens a specific person or group of people and places that person or group of people in reasonable fear of harm to person or property. The fear must be a fear that a reasonable person would have under all the circumstances. Words alone do not constitute malicious harassment unless the context or circumstances surrounding the words indicate the words are a threat. Threatening words do not constitute malicious harassment if it is apparent to the person or group of people being threatened that the person allegedly making the threat does not have the ability to carry out the threat.
(2) ((The following constitute per se violations of this section:
(a) Cross burning; or
(b) Defacement of the property of the victim or a third person with symbols or words when the symbols or words historically or traditionally connote hatred or threats toward the victim.
(3))) In any prosecution for malicious harassment, if any evidence exists which reasonably tends to indicate to the trier of fact's satisfaction that the defendant intended to threaten the person or group of people, the trier of fact may infer that the defendant intended to threaten a specific person or group of people if the defendant commits one of the following acts:
(a) Burns a cross on property of a person or group of people; or
(b) Defaces property of a person or group of people by defacing the property with a swastika.
This subsection only applies to the creation of a reasonable inference for evidentiary purposes and does not relive the trier of fact from determining beyond a reasonable doubt whether or not the defendant intended to threaten the person or group of people. This subsection does not restrict the state's ability to prosecute a defendant under subsection (1) of this section when the facts of a particular case do not fall within (a) or (b) of this subsection.
(3) Evidence of expressions or associations of the accused may not be introduced as substantive evidence at trial unless the evidence specifically relates to the crime charged. Nothing in this chapter shall affect the rules of evidence governing impeachment of a witness.
(4) Every defendant who commits another crime during the commission of a crime under this section may be punished and prosecuted for the other crime separately.
(5) Malicious harassment is a class C felony.
(((4) In addition to the criminal penalty provided in subsection (3) of this section, there is hereby created a civil cause of action for malicious harassment. A person may be liable to the victim of malicious harassment for actual damages and punitive damages of up to ten thousand dollars.
(5))) (6) The penalties provided in this section for malicious harassment do not preclude the person or group of people from seeking any other remedies otherwise available under law.
(7) Nothing in this section confers or expands any civil rights or protections to any group or class identified under this section, beyond those rights or protections that exist under the federal or state Constitution or the civil laws of the state of Washington.
NEW SECTION. Sec. 3. A new section is added to chapter 9A.36 RCW to read as follows:
In addition to the criminal penalty provided in RCW 9A.36.080 for committing a crime of malicious harassment, the person or group of people who allege malicious harassment may bring a civil cause of action for malicious harassment against the alleged harasser. A person may be liable to the person or group of people subjected to malicious harassment for actual damages, punitive damages of up to ten thousand dollars, and reasonable attorneys' fees and costs incurred in bringing the action. The person or group of persons claiming the protection of this section must prove the case by clear and convincing evidence.
Sec. 4. RCW 13.40.0357 and 1989 c 407 s 7 are each amended to read as follows:
SCHEDULE A
DESCRIPTION AND OFFENSE CATEGORY
JUVENILE
JUVENILE DISPOSITION
DISPOSITION CATEGORY OFFENSE
OFFENSE BAILJUMP, CATEGORY
CATEGORY DESCRIPTION (RCW CITATION) OR SOLICITATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arson and Malicious Mischief
A Arson 1 (9A.48.020) B+
B Arson 2 (9A.48.030) C
C Reckless Burning 1 (9A.48.040) D
D Reckless Burning 2 (9A.48.050) E
B Malicious Mischief 1 (9A.48.070) C
C Malicious Mischief 2 (9A.48.080) D
D Malicious Mischief 3 (<$50 is
E Tampering with Fire Alarm
Apparatus (9.40.100) E
A Possession of Incendiary Device
(9.40.120) B+
Assault and Other Crimes
Involving Physical Harm
A Assault 1 (9A.36.011) B+
B+ Assault 2 (9A.36.021) C+
C+ Assault 3 (9A.36.031) D+
D+ Assault 4 (9A.36.041) E
D+ Reckless Endangerment
(9A.36.050) E
C+ Promoting Suicide Attempt
(9A.36.060) D+
D+ Coercion (9A.36.070) E
C+ Custodial Assault (9A.36.100) D+
C Malicious Harassment (9A.36.080) D+
Burglary and Trespass
B+ Burglary 1 (9A.52.020) C+
B Burglary 2 (9A.52.030) C
D Burglary Tools (Possession of)
(9A.52.060) E
D Criminal Trespass 1 (9A.52.070) E
E Criminal Trespass 2 (9A.52.080) E
D Vehicle Prowling (9A.52.100) E
Drugs
E Possession/Consumption of Alcohol
(66.44.270) E
C Illegally Obtaining Legend Drug
(69.41.020) D
C+ Sale, Delivery, Possession of Legend
Drug with Intent to Sell
(69.41.030) D+
E Possession of Legend Drug
(69.41.030) E
B+ Violation of Uniform Controlled
Substances Act - Narcotic Sale
(69.50.401(a)(1)(i)) B+
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(a)(1)(ii)) C
E Possession of Marihuana <40 grams
(69.50.401(e)) E
C Fraudulently Obtaining Controlled
Substance (69.50.403) C
C+ Sale of Controlled Substance
for Profit (69.50.410) C+
E ((Glue Sniffing (9.47A.050)))
Unlawful Inhalation (9.47A.020) E
B Violation of Uniform Controlled
Substances Act - Narcotic
Counterfeit Substances
(69.50.401(b)(1)(i)) B
C Violation of Uniform Controlled
Substances Act - Nonnarcotic
Counterfeit Substances
(69.50.401(b)(1) (ii), (iii), (iv)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(d)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(c)) C
Firearms and Weapons
((C+ Committing Crime when Armed
(9.41.025) D+))
E Carrying Loaded Pistol Without
Permit (9.41.050) E
E Use of Firearms by Minor (<14)
(9.41.240) E
D+ Possession of Dangerous Weapon
(9.41.250) E
D Intimidating Another Person by use
of Weapon (9.41.270) E
Homicide
A+ Murder 1 (9A.32.030) A
A+ Murder 2 (9A.32.050) B+
B+ Manslaughter 1 (9A.32.060) C+
C+ Manslaughter 2 (9A.32.070) D+
B+ Vehicular Homicide (46.61.520) C+
Kidnapping
A Kidnap 1 (9A.40.020) B+
B+ Kidnap 2 (9A.40.030) C+
C+ Unlawful Imprisonment
(9A.40.040) D+
((D Custodial Interference
(9A.40.050) E))
Obstructing Governmental Operation
E Obstructing a Public Servant
(9A.76.020) E
E Resisting Arrest (9A.76.040) E
B Introducing Contraband 1
(9A.76.140) C
C Introducing Contraband 2
(9A.76.150) D
E Introducing Contraband 3
(9A.76.160) E
B+ Intimidating a Public Servant
(9A.76.180) C+
B+ Intimidating a Witness
(9A.72.110) C+
((E Criminal Contempt
(9.23.010) E))
Public Disturbance
C+ Riot with Weapon (9A.84.010) D+
D+ Riot Without Weapon
(9A.84.010) E
E Failure to Disperse (9A.84.020) E
E Disorderly Conduct (9A.84.030) E
Sex Crimes
A Rape 1 (9A.44.040) B+
A- Rape 2 (9A.44.050) B+
C+ Rape 3 (9A.44.060) D+
A- Rape of a Child 1 (9A.44.073) B+
B Rape of a Child 2 (9A.44.076) C+
B Incest 1 (9A.64.020(1)) C
C Incest 2 (9A.64.020(2)) D
D+ ((Public Indecency)) Indecent Exposure
(Victim <14) (9A.88.010) E
E ((Public Indecency)) Indecent Exposure
(Victim 14 or over) (9A.88.010) E
B+ Promoting Prostitution 1
(9A.88.070) C+
C+ Promoting Prostitution 2
(9A.88.080) D+
E O & A (Prostitution) (9A.88.030) E
B+ Indecent Liberties (9A.44.100) C+
B+ Child Molestation 1 (9A.44.083) C+
C+ Child Molestation 2 (9A.44.086) C
Theft, Robbery, Extortion, and Forgery
B Theft 1 (9A.56.030) C
C Theft 2 (9A.56.040) D
D Theft 3 (9A.56.050) E
B Theft of Livestock (9A.56.080) C
C Forgery (((9A.56.020))) (9A.60.020) D
A Robbery 1 (9A.56.200) B+
B+ Robbery 2 (9A.56.210) C+
B+ Extortion 1 (9A.56.120) C+
C+ Extortion 2 (9A.56.130) D+
B Possession of Stolen Property 1
(9A.56.150) C
C Possession of Stolen Property 2
(9A.56.160) D
D Possession of Stolen Property 3
(9A.56.170) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Motor Vehicle Related Crimes
E Driving Without a License
(46.20.021) E
C Hit and Run - Injury
(46.52.020(4)) D
D Hit and Run-Attended
(46.52.020(5)) E
E Hit and Run-Unattended
(46.52.010) E
C Vehicular Assault (46.61.522) D
C Attempting to Elude Pursuing
Police Vehicle (46.61.024) D
E Reckless Driving (46.61.500) E
D Driving While Under the Influence
(46.61.515) E
((B+ Negligent Homicide by Motor
Vehicle (46.61.520) C+))
D Vehicle Prowling (9A.52.100) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Other
B Bomb Threat (9.61.160) C
C Escape 11 (9A.76.110) C
C Escape 21 (9A.76.120) C
D Escape 3 (9A.76.130) E
C Failure to Appear in Court
(10.19.130) D
((E Tampering with Fire Alarm
Apparatus (9.40.100) E))
E Obscene, Harassing, Etc.,
Phone Calls (9.61.230) E
A Other Offense Equivalent to an
Adult Class A Felony B+
B Other Offense Equivalent to an
Adult Class B Felony C
C Other Offense Equivalent to an
Adult Class C Felony D
D Other Offense Equivalent to an
Adult Gross Misdemeanor E
E Other Offense Equivalent to an
Adult Misdemeanor E
V Violation of Order of Restitution,
Community Supervision, or
Confinement (13.40.200)2 V
Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 4 weeks confinement
2nd escape or attempted escape during 12-month period - 8 weeks confinement
3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
SCHEDULE B
PRIOR OFFENSE INCREASE FACTOR
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
TIME SPAN
OFFENSE 0-12 13-24 25 Months
CATEGORY Months Months or More
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A+ .9 .9 .9
A .9 .8 .6
A- .9 .8 .5
B+ .9 .7 .4
B .9 .6 .3
C+ .6 .3 .2
C .5 .2 .2
D+ .3 .2 .1
D .2 .1 .1
E .1 .1 .1
Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).
SCHEDULE C
CURRENT OFFENSE POINTS
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
AGE
OFFENSE 12 &
CATEGORY Under 13 14 15 16 17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A+ STANDARD RANGE 180-224 WEEKS
A 250 300 350 375 375 375
A- 150 150 150 200 200 200
B+ 110 110 120 130 140 150
B 45 45 50 50 57 57
C+ 44 44 49 49 55 55
C 40 40 45 45 50 50
D+ 16 18 20 22 24 26
D 14 16 18 20 22 24
E 4 4 4 6 8 10
JUVENILE SENTENCING STANDARDS
SCHEDULE D-1
This schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A, B, or C.
MINOR/FIRST OFFENDER
OPTION A
STANDARD RANGE
Community
Community Service
Points Supervision Hours Fine
1-9 0-3 months and/or 0-8 and/or 0-$10
10-19 0-3 months and/or 0-8 and/or 0-$10
20-29 0-3 months and/or 0-16 and/or 0-$10
30-39 0-3 months and/or 8-24 and/or 0-$25
40-49 3-6 months and/or 16-32 and/or 0-$25
50-59 3-6 months and/or 24-40 and/or 0-$25
60-69 6-9 months and/or 32-48 and/or 0-$50
70-79 6-9 months and/or 40-55 and/or 0-$50
80-89 9-12 months and/or 48-64 and/or 10-$100
90-109 9-12 months and/or 56-72 and/or 10-$100
OR
OPTION B
STATUTORY OPTION
0-12 Months Community Supervision
0-150 Hours Community Service
0-100 Fine
A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.
OR
OPTION C
MANIFEST INJUSTICE
When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5))) 13.40.030(2), as now or hereafter amended, shall be used to determine the range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-2
This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.
MIDDLE OFFENDER
OPTION A
STANDARD RANGE
Community
Community Service Confinement
Points Supervision Hours Fine Days Weeks
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1-9 0-3 months and/or 0-8 and/or 0-$10 and/or 0
10-19 0-3 months and/or 0-8 and/or 0-$10 and/or 0
20-29 0-3 months and/or 0-16 and/or 0-$10 and/or 0
30-39 0-3 months and/or 8-24 and/or 0-$25 and/or 2-4
40-49 3-6 months and/or 16-32 and/or 0-$25 and/or 2-4
50-59 3-6 months and/or 24-40 and/or 0-$25 and/or 5-10
60-69 6-9 months and/or 32-48 and/or 0-$50 and/or 5-10
70-79 6-9 months and/or 40-56 and/or 0-$50 and/or10-20
80-89 9-12 months and/or 48-64 and/or 0-$100 and/or10-20
90-109 9-12 months and/or 56-72 and/or 0-$100 and/or 15-30
110-129 8-12
130-149 13-16
150-199 21-28
200-249 30-40
250-299 52-65
300-374 80-100
375+ 103-129
Middle offenders with more than 110 points do not have to be committed. They may be assigned community supervision under option B.
All A+ offenses 180-224 weeks
OR
OPTION B
STATUTORY OPTION
0-12 Months Community Supervision
0-150 Hours Community Service
0-100 Fine
The court may impose a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150, as now or hereafter amended.
OR
OPTION C
MANIFEST INJUSTICE
If the court determines that a disposition under A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5))) 13.40.030(2), as now or hereafter amended, shall be used to determine range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-3
This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.
SERIOUS OFFENDER
OPTION A
STANDARD RANGE
Points Institution Time
0-129 8-12 weeks
130-149 13-16 weeks
150-199 21-28 weeks
200-249 30-40 weeks
250-299 52-65 weeks
300-374 80-100 weeks
375+ 103-129 weeks
All A+
Offenses 180-224 weeks
OR
OPTION B
MANIFEST INJUSTICE
A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW ((13.40.030(5))) 13.40.030(2), as now or hereafter amended, shall be used to determine the range.
NEW SECTION. Sec. 5. A new section is added to chapter 36.28A RCW to read as follows:
(1) The Washington association of sheriffs and police chiefs shall establish and maintain a central repository for the collection and classification of information regarding violations of RCW 9A.36.080. Upon establishing such a repository, the association shall develop a procedure to monitor, record, and classify information relating to violations of RCW 9A.36.080.
(2) All local law enforcement agencies shall report monthly to the association concerning all violations of RCW 9A.36.080 in such form and in such manner as prescribed by rules adopted by the association. Agency participation in the association's reporting programs, with regard to the specific data requirements associated with violations of RCW 9A.36.080 shall be deemed to meet agency reporting requirements. The association must summarize the information received and file an annual report with the governor and the senate law and justice committee and the house of representatives judiciary committee.
(3) The association shall disseminate the information according to the provisions of chapters 10.97 and 10.98 RCW, and all other confidentiality requirements imposed by federal or Washington law.
NEW SECTION. Sec. 6. A new section is added to chapter 43.101 RCW to read as follows:
The criminal justice training commission shall provide training for law enforcement officers in identifying, responding to, and reporting all violations of RCW 9A.36.080.
NEW SECTION. Sec. 7. If specific funding for the purposes of implementing section 6 of this act, referencing this act by bill and section number, is not provided by June 30, 1993, in the omnibus appropriations act, section 6 of this act shall be null and void.
NEW SECTION. Sec. 8. 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 Vance demanded an electronic roll call and the demand was sustained.
Representative Padden, Appelwick and Sheahan spoke in favor of adoption of the amendment.
ROLL CALL
The Clerk called the roll on adoption of the amendment by Representative Padden and others to Substitute House Bill No. 1569, and the amendment was not adopted by the following vote: Yeas - 29, Nays - 68, Absent - 0, Excused - 1.
Voting yea: Representatives Ballard, Ballasiotes, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Foreman, Forner, Fuhrman, Horn, Lisk, Long, Mielke, Morton, Padden, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Vance, Van Luven and Zellinsky - 29.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brough, Brown, Campbell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood and Mr. Speaker - 68.
Excused: Representative Thomas - 1.
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 Appelwick and Kremen spoke in favor of passage of the bill and Representative Padden spoke against it.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1569.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1569 and the bill passed the House by the following vote: Yeas - 85, Nays - 12, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Campbell, Carlson, 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, 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, Sheldon, Shin, Silver, Sommers, Springer, Talcott, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 85.
Voting nay: Representatives Ballard, Brumsickle, Casada, Chandler, Chappell, Fuhrman, Lisk, Morton, Padden, Sheahan, Stevens and Tate - 12.
Excused: Representative Thomas - 1.
Engrossed Substitute House Bill No. 1569, having received the constitutional majority, was declared passed.
MOTION
Representative King moved that Representative Kremen's remarks on final passage of Substitute House Bill No. 1569 be spread upon the Journal. The motion was carried.
Representative Kremen: Thank you, Mr. Speaker. Anyone who thinks it's easy to build a pluralistic society should read today's newspapers. Because you're going to see reports of ethnic rapes and murders in Bosnia, religious murders in Bombay, violence in Somalia, and in all these cases pluralism was attacked by all-consuming hate. We may think that it can't happen here. But it can happen here, it does happen here, all you have to do is look at today's Tacoma News Tribune. It describes a racial incident in Tacoma that exploded into violence and death. The incident that involves whites, Hispanics and Asians began with racial slurs and threatening words but it didn't stop there. It soon escalated into threatening gestures and it ended in murder. Today's T.N.T. So we've seen tragedies like this all too often. And the fact is, bigotry is like a bomb, waiting for an incident to explode. We've seen too much hate, too much fear, too many scars left behind by crimes of bigotry. We need to send a message that no bigot can misunderstand. A clear message. That we will not tolerate hate crimes. We'll not look the other way. We'll not view malicious harassment as a prank or a joke, but we will treat it as the serious crime it is a crime that threatens all of us, and tears down the kind of society that we're trying to build. It's unfortunate that we can't stop hate crimes with laws and we can't make ignorance illegal. But we can help stop malicious harassment and the pain and damage it inflicts on our society. We can stop it with good laws like the one we're voting on now. So let's send a message, loud and clear, that threatening and violent acts of hatred against any class of people is flat wrong and won't be tolerated in the great State of Washington.
MOTION
Representative Peery moved that the House immediately consider House Bill No. 1190 on the second reading calendar.
MOTION
Representative Fuhrman moved that the House amend Representative Peery's motion by considering House Bill No. 1135 before House Bill No. 1190.
Representative Fuhrman spoke in favor of the amendment to the motion and Representative Peery spoke against it.
Representative Tate demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on the amendment to the motion and the amendment failed by the following vote: Yeas - 32, Nays - 65, Absent - 0, Excused - 1.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Long, Mielke, Miller, Morton, Padden, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Vance, Van Luven and Wood - 32.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 65.
Excused: Representative Thomas - 1.
The motion to immediately consider House Bill No. 1190 was carried.
HOUSE BILL NO. 1190, by Representatives Anderson, Reams, Wang, Rust, J. Kohl, Thibaudeau, G. Cole, Appelwick, Leonard, Johanson and Pruitt
Providing for voter registration by affidavit.
The bill was read the second time.
On motion of Representative Anderson, Substitute House Bill No. 1190 was substituted for House Bill No. 1190 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1190 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, Reams and Dyer spoke in favor of passage of the bill and Representative Schoesler spoke against it.
Representative Anderson again spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1190.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1190 and the bill passed the House by the following vote: Yeas - 90, Nays - 7, 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, 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, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Scott, Sehlin, Sheldon, Shin, Silver, Sommers, Springer, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 90.
Voting nay: Representatives Forner, Fuhrman, Horn, Morton, Schoesler, Sheahan and Stevens - 7.
Excused: Representative Thomas - 1.
Substitute House Bill No. 1190, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1268, by Representatives Dunshee, Wolfe, Linville, Riley, Quall, Grant, Pruitt, Romero, R. Meyers, Zellinsky, Eide, Veloria, Karahalios, Brough, Brown, Kessler, Edmondson and Finkbeiner
Creating a program of voluntary campaign spending limits for state offices.
The bill was read the second time.
On motion of Representative Anderson, Substitute House Bill No. 1268 was substituted for House Bill No. 1268 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1268 was read the second time.
POINT OF PARLIAMENTARY INQUIRY
Representative Miller: Mr. Speaker, does Substitute House Bill No. 1268 amend initiative 134, requires a two-thirds vote for passage?
Mr. Speaker: Representative Miller, the Speaker is prepared to respond to your parliamentary inquiry whether Substitute House Bill No. 1268 amends initiative 134, and therefore constitutionally requires a two-thirds vote for passage.
The Speaker would first explain to the House that whether a bill amends a prior initiative measure depends on the purpose and effect of the bill, rather than its form. The fact that Substitute House Bill No. 1268 does not expressly amend the initiative is not dispositive. The determining factor is whether the bill has the effect of amending the initiative within the meaning of the constitution.
The Speaker would refer to his earlier ruling on, House Bill No. 1681 where the difference between a supplemental act and an amendment was explained to the House. As stated in that ruling, the legislature may validly enact by majority vote new legislation that deals with the same general subject matter as an initiative so long as the essential purpose and effect of the initiative is not altered.
The Speaker finds that rule controlling here. Initiative 134 regulates political contributions through amendments and additions to RCW Chapter 42.17. It does not regulate campaign expenditures except to impose disclosure requirements on independent expenditures and ballot propositions and to restrict the transfer of funds between political committees. Section 24 of the initiative also prohibits the use of public funds "to finance political campaigns for state or local office."
Substitute House Bill No. 1268 addresses campaign expenditures by candidates for specified offices. It requires the Public Disclosure Commission to set recommended spending limits, provides a mechanism for candidates to enter into voluntary agreements to abide by the limits, and provides for publication of the limits and agreements in the state voter's pamphlet.
Substitute House Bill No. 1268 does not alter or amend any provision of the initiative, nor does it authorize the use of public funds to finance any political campaign. It simply adds to the initiative's provisions on campaign finance.
The Speaker therefore finds that Substitute House Bill No. 1268 does not amend initiative 134 within the meaning of Article 2, section 41 of the Washington constitution.
Representative Dunshee moved the adoption of the following amendment by Representative Dunshee:
On page 3, line 18 after "state:" strike all material through "commission."" on line 20 and insert ""Has promised to abide by the voluntary spending limit for this campaign.""
On page 3, line 22 after "states:" strike all material through "commission."" on line 24 and insert ""Has NOT promised to abide by the voluntary spending limit for this campaign."
Representative Dunshee spoke in favor of the amendment and the 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 Dunshee and Reams spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1268.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1268 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, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Thomas - 1.
Engrossed Substitute House Bill No. 1268, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1644, by Representatives Anderson, Reams, Veloria, Vance, Campbell, Dyer, Pruitt, Conway, Patterson, Brough, King, Springer, Forner, Wineberry and J. Kohl
Changing provisions relating to voting by mail.
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 Anderson and Reams spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1644.
ROLL CALL
The Clerk called the roll on final passage of House Bill No. 1644 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, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Thomas - 1.
House Bill No. 1644, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1645, by Representatives Anderson, Reams, Veloria, Vance, Campbell, Dyer, Pruitt, Conway, Brough, Wang, Cothern, Wineberry and J. Kohl
Changing provisions relating to initiatives and referenda.
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 Anderson and Reams spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1645.
ROLL CALL
The Clerk called the roll on final passage of House Bill No. 1645 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, 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, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Voting nay: Representative Fuhrman - 1.
Excused: Representative Thomas - 1.
House Bill No. 1645, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1646, by Representatives Anderson, Reams, Veloria, Vance, Campbell, Dyer, Pruitt, Conway, Brough, King, Miller, Springer, Forner, Wineberry and J. Kohl
Expanding eligibility for ongoing absentee voter status.
The bill was read the second time.
With the consent of the House, 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.
The Speaker stated the question before the House to be final passage of House Bill No. 1646.
ROLL CALL
The Clerk called the roll on final passage of House Bill No. 1646 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, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Thomas - 1.
House Bill No. 1646, having received the constitutional majority, was declared passed.
The Speaker called on Representative R. Meyers to preside.
HOUSE BILL NO. 1648, by Representatives Wineberry, Anderson, Veloria, Pruitt, King, Springer, Leonard and J. Kohl
Extending the voter registration period.
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 Wineberry 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. 1648.
ROLL CALL
The Clerk called the roll on final passage of House Bill No. 1648 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, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Thomas - 1.
House Bill No. 1648, having received the constitutional majority, was declared passed.
With the consent of the House, the House considered House Bill No. 1862 on the second reading calendar.
HOUSE BILL NO. 1862, by Representatives Mastin, Grant, Ludwig, Bray and Jacobsen
Permitting a special excise tax on hotel, motel, rooming house, and trailer camp charges for a trade recreation agricultural center in Pasco.
The bill was read the second time.
On motion of Representative G. Fisher, Substitute House Bill No. 1862 was substituted for House Bill No. 1862 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1862 was read the second time.
Representative Edmondson moved the adoption of the following amendment by Representative Edmondson and others:
On page 2, after line 19, insert the following:
"Sec. 2. RCW 67.28.240 and 1991 c 363 s 140 are each amended to read as follows:
(1) The legislative body of a county that qualified under RCW 67.28.180(2)(b) other than a county with a population of one million or more and the legislative bodies of cities in the qualifying county are each authorized to levy and collect a special excise tax of ((two)) three percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property. For the purposes of this tax, it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same.
(2) No city may impose the special excise tax authorized in subsection (1) of this section during the time the city is imposing the tax under RCW 67.28.180, and no county may impose the special excise tax authorized in subsection (1) of this section until such time as those cities within the county containing at least one-half of the total incorporated population have imposed the tax.
(3) Any county ordinance or resolution adopted under this section shall contain, in addition to all other provisions required to conform to this chapter, a provision allowing a credit against the county tax for the full amount of any city tax imposed under this section upon the same taxable event.
(4) Any seller, as defined in RCW 82.08.010, who is required to collect any tax under this section shall pay over such tax to the county or city as provided in RCW 67.28.200. The deduction from state taxes under RCW 67.28.190 does not apply to taxes imposed under this section."
Representatives Edmondson and Lemmon spoke in favor of the amendment and the amendment was adopted.
Representative Dyer moved the adoption of the following amendment by Representative Dyer and Thomas:
On page 2, after line 19, insert the following:
"Sec. 2. RCW 67.28.190 and 1967 c 236 s 12 are each amended to read as follows:
Any seller, as defined in RCW 82.08.010, who is required to collect any tax under RCW 67.28.180 or 67.40.100(3) for any municipality shall pay over such tax to such municipality as provided in RCW 67.28.200 and such tax shall be deducted from the amount of tax such seller would otherwise be required to collect and to pay over to the department of revenue under chapter 82.08 RCW.
Sec. 3. RCW 67.28.200 and 1991 c 331 s 2 are each amended to read as follows:
The legislative body of any county or city may establish reasonable exemptions and may adopt such reasonable rules and regulations as may be necessary for the levy and collection of the taxes authorized by RCW 67.28.180, 67.28.182, ((and 67.28.230 through)) 67.28.240, 67.28.250, ((and)) 67.28.260, and 67.40.100(3). The department of revenue shall perform the collection of such taxes on behalf of such county or city at no cost to such county or city.
Sec. 4 RCW 67.40.100 and 1990 c 242 s 1 are each amended to read as follows:
(1) Except as provided in chapters 67.28 and 82.14 RCW and subsection (2) and (3) of this section, after January 1, 1983, no city, town, or county in which the tax under RCW 67.40.090 is imposed may impose a license fee or tax on the act or privilege of engaging in business to furnish lodging by a hotel, rooming house, tourist court, motel, trailer camp, or similar facilities in excess of the rate imposed upon other persons engaged in the business of making sales at retail as that term is defined in chapter 82.04 RCW.
(2) A city incorporated before January 1, 1982, with a population over sixty thousand located in a county with a population over one million, other than the city of Seattle, may impose a special excise tax under the following conditions:
(a) The proceeds of the tax must be used for the acquisition, design, construction, and marketing of convention and trade facilities and may be used for and pledged to the payment of bonds, leases, or other obligations issued or incurred for such purposes. The proceeds of the tax may be used for maintenance and operation only as part of a budget which includes the use of the tax for debt service and marketing.
(b) The legislative body of the city, before imposing the tax, must authorize a complete study and investigation of the desirability and economic feasibility of the proposed convention and trade facilities.
(c) The rate of the tax shall not exceed three percent.
(d) The tax shall be imposed on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, or trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, except that no such tax may be levied on any premises having fewer than sixty lodging units.
(3) A city or town with a population of less than two thousand that is located in a county with a population of over one million may impose a special excise tax of up to two percent on the sale of or charge for the furnishing of lodging by a hotel or motel and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, except that no such tax shall be levied on a premises having fewer than forty lodging units. The proceeds of this tax may only be used to mitigate the impacts of tourism.
Representative Dyer spoke in favor of adoption of the amendment. The amendment was not
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 Mastin 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 Substitute House Bill No. 1862.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1862 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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Tate, Thibaudeau, Valle, Veloria, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.
Voting nay: Representatives Fuhrman, Padden, Reams, Rust, Talcott, Vance, Van Luven and Wang - 8.
Excused: Representative Thomas - 1.
Engrossed Substitute House Bill No. 1862, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1959, by Representatives Heavey and Springer
Modifying the issuance of citations under the Washington industrial safety and health act.
The bill was read the second time.
On motion of Representative Heavey, Substitute House Bill No. 1959 was substituted for House Bill No. 1959 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1959 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 Heavey and Lisk spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1959.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1959 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, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Thomas - 1.
Substitute House Bill No. 1959, 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
On motion of Representative Peery, the House considered the following bills in the following order: House Bill No. 2067, House Bill No. 2055, House Bill No. 1445 and House Bill No. 1136.
HOUSE BILL NO. 2067, by Representatives R. Fisher, Wolfe, Anderson, Schmidt, Locke, Pruitt, Kremen, Springer and Eide; by request of Department of General Administration
Encouraging commute trip reduction programs.
The bill was read the second time.
On motion of Representative R. Fisher, Substitute House Bill No. 2067 was substituted for House Bill No. 2067 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2067 was read the second time.
Representative Schmidt moved the adoption of the following amendment by Representatives Schmidt and R. Fisher:
On page 3, line 1, after "director." insert "The director shall ensure that the fees are equivalent to the market rate of comparable privately owned rental parking no later than June 30, 1994. The director may establish fees less than the market rate for other than single-occupant vehicles."
Representative Schmidt spoke in favor of adoption of the amendment and it was adopted.
Representative Mielke moved the adoption of the following amendment by Representative Dyer, Mielke, Zellinsky and R. Fisher:
On page 3, line 23, strike "(2) Support commute trip reduction programs under RCW 70.94.521 through 70.94.551; and
(3) Support the lease costs and/ or capital investment costs of vehicle parking and parking facilities at agency-owned and leased facilities off the capital campus." and insert the following:
"(2) Support the lease costs and/ or capital investment costs of vehicle parking and parking facilities at agency-owned and leased facilities off the capitol campus; and
(3) Support commute trip reduction programs under RCW 70.94.521 through 70.94.551."
Representative Mielke spoke in favor of adoption of the amendment and the 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 R. Fisher and Schmidt 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. 2067.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 2067 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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.
Voting nay: Representatives Brumsickle, Fuhrman, Padden, Silver and Van Luven - 5.
Excused: Representative Thomas - 1.
Engrossed Substitute House Bill No. 2067, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2055, by Representatives Hansen, Fuhrman, King, Basich, R. Fisher, Sheldon, Ogden, Lemmon and Conway; by request of Governor Lowry
Creating the department of fish and wildlife.
The bill was read the second time.
On motion of Representative Anderson, Substitute House Bill No. 2055 was substituted for House Bill No. 2055 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2055 was read the second time.
Representative Fuhrman moved the adoption of the following amendment by Representatives Fuhrman and others:
On page 2, after line 6, insert "The director of the new department of fish and wildlife must be a person who has never served as a director of either the department of fisheries or the department of wildlife."
Representative Fuhrman spoke in favor of adoption of the amendment and Representative Locke spoke against it.
Representative Vance demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment to House Bill No. 2055 and the amendment failed by the following vote: Yeas - 34, Nays - 63, Absent - 0, Excused - 1.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dorn, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Jones, Kessler, Lisk, Long, Mielke, Morton, Padden, Pruitt, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Vance and Van Luven - 34.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Karahalios, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Quall, Rayburn, Riley, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 63.
Excused: Representative Thomas - 1.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hansen 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. 2055.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 2055 and the bill passed the House by the following vote: Yeas - 90, Nays - 7, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Scott, Sehlin, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 90.
Voting nay: Representatives Fuhrman, Mielke, Morris, Morton, Orr, Schoesler and Sheahan - 7.
Excused: Representative Thomas - 1.
Substitute House Bill No. 2055, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1445, by Representatives J. Kohl, Brough, Wineberry, Romero, Veloria, Ogden, G. Cole, Thibaudeau, Anderson, Sheldon, Leonard, Shin, Wang and Heavey
Modifying the scope of the state law against discrimination.
The bill was read the second time. Committee on Appropriations recommendation: Majority do pass substitute. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment see Journal, 57th Day, March 8,1993.)
On motion of Representative Heavey, Substitute House Bill No. 1445 was substituted for House Bill No. 1445 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1445 was read the second time.
Representative Locke moved adoption of the committee amendment.
Representative Springer moved the adoption of the following amendment by Representative Springer to the committee amendment:
On page 1, line 3 of the amendment, after "However," insert "if specific funding for this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act,"
Representatives Springer and Heavey spoke in favor of the amendment and it was adopted.
Representatives J. Kohl, Locke and Appelwick spoke in favor of adoption of the amendment as amended and Representatives Lisk, Dyer, Vance, Brough and Forner spoke against it.
Representative Vance demanded an electric roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment as amended to Substitute House Bill No. 1445 and the amendment was adopted by the following vote: Yeas - 63, Nays - 34, Absent - 0, Excused - 1. Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schoesler, Scott, Sheldon, Shin, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 63.
Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Long, Mielke, Miller, Morton, Orr, Padden, Reams, Schmidt, Sehlin, Sheahan, Silver, Springer, Stevens, Talcott, Tate, Vance, Van Luven and Wood - 34.
Excused: Representative Thomas - 1.
Representative Dyer moved the adoption of the following amendment by Representatives Stevens, and others:
On page 2, line 27, after "includes" insert ", for purposes of the jurisdiction of the Washington state human rights commission,"
On page 2, line 34, after "activities" insert ". "Employer" shall continue to include, for purposes of a private right of action based on a violation of this chapter, any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons, and does not include any religious corporation, association, educational institution, or society only with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities"
On page 4, after line 24, insert:
"NEW SECTION. Sec. 3. The commission shall study the differences between federal and state laws and regulations governing employment discrimination and shall report to the appropriate committees of the house of representatives and the senate the following information by December 31, 1993:
(1) Every instance where Washington statutory law, regulations, or case law appears to be less protective of employee rights than federal law; and the reason why, if any, the law or regulation should not be repealed so as to avoid confusion;
(2) Every instance where Washington statutory law, regulations, or case law appears to be equally protective of employee rights as federal law but is worded in a different manner; and the reason why, if any, the state law or regulation should not be amended to conform in wording to the federal law so as to avoid confusion;
(3) Every instance where Washington statutory law, regulations, or case law appears to be more protective of employee rights than federal laws or regulations and the reason, if any, for providing such protections; and
(4) Every instance where Washington statutory law, regulations, or case law does not provide clear and concise guidance to employers regarding compliance with the state discrimination laws.
In addition, the report shall make recommendations on how the more protective state laws might be mitigated to assist small employers and expedite the resolution of discrimination claims.
NEW SECTION. Sec. 4. A new section is added to chapter 49.60 RCW to read as follows:
(1) The commission shall prepare an employer's manual for the employment activities described herein, designed to be relied upon by small businesses employing seven or fewer employees to engage in employment without discrimination. The manual shall provide small businesses with specific compliance steps regarding the following subjects:
(a) Employment discrimination;
(b) Recordkeeping;
(c) Preemployment and hiring;
(d) Sexual harassment;
(e) Reasonable accommodation; and
(f) Employee discharge for legitimate non-discriminatory reasons.
The commission is encouraged to consult with representatives of small businesses in the design and composition of the manual to ensure that the manual is useful and practical to employers of seven or fewer employees.
(2) The commission shall hold at least one public education session, at a cost not to exceed fifty dollars per participant, in the largest city in each of the congressional districts in the state, not less than thirty days after mailing a notice of the education session to all employers that employ one to seven employees, as identified by the Employment Security Department."
Representative Dyer spoke in favor of the amendment and Representative J. Kohl spoke against it. The amendment was not adopted.
Representative J. Kohl moved the adoption of the following amendment by Representatives J. Kohl, Springer, Heavey and Lisk:
On page 4, after line 24, insert:
"NEW SECTION. Sec. 3. A new section is added to chapter 49.60 RCW to read as follows:
(1) The commission shall make available an informational brochure designed to help employers engage in employment without discrimination. The commission may utilize existing informational materials with any changes necessary to reflect the policies embodied in this act. The commission is encouraged to consult with representatives of small business to ensure that the brochure is useful and practical to employers of seven or fewer employees.
(2) The commission shall hold educational seminars throughout the state to explain to interested employers how to engage in employment without discrimination.
(3) The commission may charge fees to participants for the services required to be provided under this section. The fees shall be sufficient to cover the costs of the programs and materials offered."
Representative J. Kohl moved the following amendment to the amendment: Kohl:
On page 1, line 16, after "commission" delete (may) and insert: "is authorized to"
Representative J. Kohl spoke in favor of the amendment to the amendment and it was adopted.
Representative J. Kohl spoke in favor of the amendment as amended and the amendment was adopted.
Representative Lisk moved the adoption of the following amendment by Representatives Lisk and others:
On page 4, after line 24, insert the following:
"NEW SECTION. Sec. 3. In any private cause of action brought under this chapter alleging employment discrimination by an employer, the court shall award the prevailing party reasonable costs and attorney fees."
Representative Lisk spoke in favor of the amendment and Representatives Heavey and Appelwick spoke against it.
Representative Vance demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment on page 4, line 24 by Representative Lisk to Substitute House Bill No. 1445 and the amendment was not adopted by the following vote: Yeas - 33, Nays - 64, Absent - 0, Excused - 1.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Forner, Fuhrman, Horn, Lisk, Long, Mielke, Miller, Morton, Padden, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Vance, Van Luven and Wood - 33.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 64.
Excused: Representative Thomas - 1.
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 J. Kohl, Springer and Appelwick spoke in favor of passage of the bill and Representatives Brough, Lisk and Dyer spoke against it.
Representative Zellinsky demanded the previous question and the demand was sustained.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1445.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1445 and the bill passed the House by the following vote: Yeas - 61, Nays - 36, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Basich, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 61.
Voting nay: Representatives Ballard, Ballasiotes, Bray, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Finkbeiner, Foreman, Forner, Fuhrman, Horn, Lisk, Ludwig, Mastin, Mielke, Miller, Morton, Padden, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Vance, Van Luven and Wood - 36.
Excused: Representative Thomas - 1.
Engrossed Substitute House Bill No. 1445, having received the constitutional majority, was declared passed.
Representative Heavey moved that the remarks by Representative Appelwick on final passage of Engrossed Substitute House Bill No. 1445 be spread upon the Journal.
Representative Padden moved that Representative Heavey's motion be amended to include all of the Representatives' remarks.
The Speaker (Representative R. Meyers presiding) called upon the House to divide. The result of the division was 30 YEAS; 67 NAYS. The motion failed by Representative Padden.
The Speaker assumed the chair.
Representative Heavey again moved that Representative Appelwick's remarks be spread upon the Journal. Representative Padden moved that Representative Brough's remarks also be included. The motions were carried.
Representative Brough: Thank you, Mr. Speaker. It won't take me three minutes to say what I want to say. Those of you who are relatively new to the legislature may not have had the experience of introducing legislation and voting against it. It's not the end of the world. Occasionally, we make a boo-boo. Occasionally, you have to go back and revisit the issue and do it right. This bill started out as a good bill, with good public policy as its intent but it's ended up in a way that's before us right now that is not good public policy. You're creating a burden on small businesses and you are creating a burden for the person who experienced discrimination who works for the small business. That's wrong. Let's reject the bill now. Let's go back and spend our time looking at the Human Rights Commission, making it right, and unbroken and then come back and establish good public policy. The root of extending the laws of discrimination to all employees of this state is appropriate. This is not the right vehicle. I urge you to reject it.
Representative Appelwick: Mr. Speaker, Ladies and Gentlemen. This chapter of the code is structured differently than other chapters of the code. It has its intent section but then it creates substantive rights in all residents to be free from discrimination. Then it creates definitions. Those definitions apply through the rest of the chapter. The rest of the chapter applies to the commissions work. The statute as it currently stands, applies to all employers of all sizes. This bill only extends commission jurisdiction to smaller employers, albeit on a delayed basis. The confusion is trying to read the employer definition back into RCW 49.60.030. Where that word employer is never used, never found. The debate tonight, I think is a confusion of the issue. This only extends commission authority, the substantive right exists, it has existed since 1984, it will continue to exist and lawsuits, in fact, today are being filed under it. I urge you to support the bill.
MOTION
Representative Peery moved that the House consider House Bill No. 1393 on the second reading calendar. The motion was carried.
HOUSE BILL NO. 1393, by Representatives G. Cole, Heavey, King, Franklin, Jones, Dunshee, Romero, Quall, Thibaudeau, Veloria, Appelwick, R. Johnson, Wolfe, Wood, Rust, Pruitt, Leonard, Basich, Wineberry, Ogden, R. Meyers, Wang, Scott, Cothern, Kessler, Flemming, Johanson, Conway, J. Kohl and Anderson
Providing for periodic adjustments of the state minimum wage.
The bill was read the second time.
On motion of Representative Heavey, Substitute House Bill No. 1393 was substituted for House Bill No. 1393 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1393 was read the second time.
Representative Chandler moved the adoption of the following amendment by Representative Chandler and others:
On page 1, at line 7, after "(1)" strike "Every" and insert "((Every)) Unless otherwise specified in this section, every"
On page 2, at line 7, after "years." insert "(3) The minimum wage for the first one hundred and twenty days that a learner is employed shall be eighty-five percent of the minimum wage applicable under RCW 49.46.020. For the purposes of this section, "learner" means a person new to an industry or job position who has no prior experience exceeding one hundred and twenty days in a substantially similar job position in the same industry."
Representatives Chandler, Horn and Talcott spoke in favor of adoption of the amendment and the amendment and Representative King spoke against it.
Representative Vance demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment on page 1, line 7 by Representative Chandler and others to Substitute House Bill No. 1393 and the amendment was not adopted by the following vote: Yeas - 41, Nays - 56, Absent - 0, Excused - 1.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Cooke, Dorn, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Kessler, Kremen, Lisk, Long, Mielke, Miller, Morton, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Stevens, Talcott, Tate, Vance, Van Luven and Wood - 41.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Chappell, Cole, G., Conway, Cothern, Dellwo, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, King, Kohl, J., Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Romero, Rust, Scott, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 56.
Excused: Representative Thomas - 1.
Representative Peery moved the following amendment by Representatives Peery and Sheldon:
On page 1, line 11, after "and" strike all material through "(2)" on page 2, line 6 and insert "((twenty-five)) ninety cents per hour, except as otherwise provided in this section.
(2) On July 1, 1994, and on each July 1 thereafter, the department of labor and industries shall calculate an adjusted minimum wage to take effect on January 1 of the year following each July calculation. The adjusted minimum wage shall be calculated by adjusting the amount specified in subsection (1) of this section to the nearest cent which bears the ratio of its original amount which is found to exist between the index for 1992 and the index for the calendar year prior to the year of adjustment. For the purposes of this subsection, "index" means the same as the definition in RCW 2.12.037(1).
(3)"
Representative Peery spoke in favor of the amendment and it was adopted.
Representative Silver moved the following amendment by Representative Silver:
On page 1, beginning on line 12, after "hour" strike all material through "labor" on page 2, line 5
On page 2, beginning on line 8, strike all of section 2
Representative Silver spoke in favor of the amendment and Representative Wang spoke against it.
Representative Fuhrman demanded an electronic roll call and the demand was not sustained.
The amendment was not adopted.
Representative Chandler moved the adoption of the following amendment by Representative Chandler:
On page 1, line 13, strike "July 1, 1993" and insert "January 1, 1994"
On page 1, line 15, strike "July 1, 1994" and insert "January 1, 1995"
On page 2, line 8, after "Sec. 2." strike all material through "July 1, 1993." on page 2, line 11, and insert "This act shall take effect January 1, 1994."
Representatives Chandler, Horn and Lisk spoke in favor of adoption of the amendment and Representative Heavey and G. Cole spoke against it. The amendment was not adopted.
With the consent of the House, Representative G. Cole withdrew amendment number 188.
With the consent of the House, Representative Dyer withdrew amendment number 237.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
MOTION
Representative R. Meyers moved that House Rule 13 (C) be suspended and the House continue working past 10 p.m. The motion was carried.
Representatives G. Cole, Springer and Kessler spoke in favor of passage of the bill and Representatives Chandler, Horn and Sheldon spoke against it.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1393.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1393 and the bill passed the House by the following vote: Yeas - 59, Nays - 38, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brough, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Romero, Rust, Scott, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 59.
Voting nay: Representatives Ballard, Ballasiotes, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Kremen, Lisk, Long, Mastin, Mielke, Miller, Morton, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Vance, Van Luven, Wood and Zellinsky - 38.
Excused: Representative Thomas - 1.
Engrossed Substitute House Bill No. 1393, having received the constitutional majority, was declared passed.
I wish to change my vote from a "YEA" to a "NAY" on Engrossed Substitute House Bill No. 1393.
BETTY EDMONDSON, 14th District
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., Wednesday March 17, 1993.
BRIAN EBERSOLE, Speaker
ALAN THOMPSON, Chief Clerk