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THIRTY-FOURTH DAY

__________


MORNING SESSION


__________


House Chamber, Olympia, Saturday, February 12, 1994


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


             The Speaker assumed the chair.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Mark Dickerman and Chad Yerrington. Prayer was offered by Representative Moak.


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

 

MESSAGE FROM THE SENATE


February 11, 1994


Mr Speaker:

             The Senate has passed:


ENGROSSED SENATE BILL NO. 5449,

SUBSTITUTE SENATE BILL NO. 6006,

SUBSTITUTE SENATE BILL NO. 6007,

SUBSTITUTE SENATE BILL NO. 6018,

SENATE BILL NO. 6023,

SENATE BILL NO. 6041,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6068,

SENATE BILL NO. 6074,

SUBSTITUTE SENATE BILL NO. 6087,

SUBSTITUTE SENATE BILL NO. 6093,

SUBSTITUTE SENATE BILL NO. 6103,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6124,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6125,

SUBSTITUTE SENATE BILL NO. 6143,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6157,

SUBSTITUTE SENATE BILL NO. 6163,

SENATE BILL NO. 6203,

SENATE BILL NO. 6205,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6219,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6228,

SENATE BILL NO. 6265,

SECOND SUBSTITUTE SENATE BILL NO. 6276,

SUBSTITUTE SENATE BILL NO. 6283,

SUBSTITUTE SENATE BILL NO. 6315,

SENATE BILL NO. 6345,

SENATE BILL NO. 6346,

ENGROSSED SENATE BILL NO. 6356,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6357,

SENATE BILL NO. 6408,

SUBSTITUTE SENATE BILL NO. 6421,

SUBSTITUTE SENATE BILL NO. 6447,

SUBSTITUTE SENATE BILL NO. 6481,

SENATE BILL NO. 6491,

SUBSTITUTE SENATE BILL NO. 6492,

SENATE BILL NO. 6516,

SUBSTITUTE SENATE BILL NO. 6558,

SENATE BILL NO. 6573,

SENATE BILL NO. 6582,

SUBSTITUTE SENATE BILL NO. 6593,

SENATE JOINT MEMORIAL NO. 8030,

and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


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


INTRODUCTIONS AND FIRST READING

 

HCR 4431                      by Representatives Peery and Ballard

 

Amending the joint rules.

 

ESB 5692         by Senators Sutherland, Moore, Prentice, Jesernig, Williams, A. Smith, Amondson, Hochstatter, Roach, West and Oke

 

Financing conservation investment by electrical, gas, and water companies.

 

Referred to Committee on Energy & Utilities.

 

SSB 6089          by Senate Committee on Transportation (originally sponsored by Senators West, Bauer, A. Smith, Vognild, Talmadge, Nelson, Prince, Oke, Sutherland, Winsley, Sheldon, M. Rasmussen, Deccio, Erwin, Roach, Ludwig, Drew, Loveland, Sellar, Cantu, Morton and Skratek; by request of Washington State University)

 

Creating the collegiate license plate fund program.

 

Referred to Committee on Transportation.

 

SSB 6099          by Senate Committee on Agriculture (originally sponsored by Senators M. Rasmussen, Newhouse and Snyder; by request of Department of Agriculture)

 

Modifying weights and measures provisions.

 

Referred to Committee on Agriculture & Rural Development.


 

ESSB 6120       by Senate Committee on Natural Resources (originally sponsored by Senators Hargrove, Owen, Oke, Haugen, L. Smith, Erwin, Snyder and Winsley)

 

Concerning fisheries enhancement.

 

Referred to Committee on Fisheries & Wildlife.

 

ESSB 6155       by Senate Committee on Education (originally sponsored by Senators McAuliffe, Winsley, Franklin, Prentice and Bauer)

 

Changing provisions relating to schools.

 

Referred to Committee on Education.

 

SSB 6332          by Senate Committee on Higher Education (originally sponsored by Senators Bauer, West, Sutherland, Drew and Snyder)

 

Establishing high school credit equivalencies for credits earned in institutions of higher education.

 

Referred to Committee on Education.

 

SSB 6368          by Senate Committee on Government Operations (originally sponsored by Senators Haugen and Winsley)

 

Permitting earlier filing of declarations of candidacy.

 

Referred to Committee on State Government.

 

SSB 6387          by Senate Committee on Natural Resources (originally sponsored by Senators Owen, Morton, Oke, Sellar, Hargrove, M. Rasmussen and Haugen)

 

Providing for grizzly bear management.

 

Referred to Committee on Fisheries & Wildlife.

 

SSB 6401          by Senate Committee on Ecology & Parks (originally sponsored by Senators Franklin, Winsley, Prentice, Rinehart, Pelz, Talmadge, Moore, Drew, Fraser, Moyer, Wojahn and Williams)

 

Requiring an environmental equity report.

 

Referred to Committee on Environmental Affairs.

 

SB 6520            by Senators Oke and Haugen

 

Eliminating the primary in park and recreation district elections.

 

Referred to Committee on Local Government.

 

ESSB 6566       by Senate Committee on Natural Resources (originally sponsored by Senator Owen)

 

Modifying requirements for specialized forest product permits.

 

Referred to Committee on Natural Resources & Parks.

 

SSB 6571          by Senate Committee on Labor & Commerce (originally sponsored by Senators Moore, Wojahn, Gaspard, Franklin, Prentice and Winsley)

 

Disclosing information on residential real estate.

 

Referred to Committee on Financial Institutions & Insurance.


MOTION


             On motion of Representative Sheldon, the bills and resolution listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.


             The Speaker called upon Representative R. Meyers to preside.


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


SECOND READING


MOTIONS


             Representative Sheldon moved that the House immediately consider the following bills in the following order: House Bill No. 2294 and House Bill No. 2453. The motion was carried.


             On motion of Representative J. Kohl, Representative Riley was excused.


             On motion of Representative Wood, Representatives Horn and Ballasiotes were excused.


             HOUSE BILL NO. 2294, by Representatives Patterson, G. Fisher, Dorn, Brough, Karahalios, Cothern, Campbell, Shin, Basich, Springer, B. Thomas, Holm and J. Kohl

 

Allowing two-year levies for the acquisition of motor vehicles for student transportation.


             The bill was read the second time.


             On motion of Representative Dorn, Substitute House Bill No. 2294 was substituted for House Bill No. 2294, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2294 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2294.


             Representatives Patterson, Brough, Dorn and Foreman spoke in favor of passage of the bill and Representative Fuhrman spoke against it.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2294, and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 1, Excused - 3.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.

             Voting nay: Representative Fuhrman - 1.

             Absent: Representative Wineberry - 1.

             Excused: Representatives Ballasiotes, Horn and Riley - 3.


             Substitute House Bill No. 2294, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2453, by Representatives Dunshee, Cooke, L. Johnson and Cothern

 

Establishing a mental health service delivery systems pilot project.


             House Bill No. 2453 was read the second time.


             Representative Thibaudeau moved adoption of the following amendment by Representatives Thibaudeau and Dunshee:


             On page 2, after line 30, insert "(4) The involvement of mental health consumers and their representatives in the pilot projects. Mental health consumers and their representatives will be involved in the development of outcome standards for mental health clients and other related aspects of the pilot projects."


             Representatives Thibaudeau and Cooke spoke in favor of the adoption of the amendment. 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2453.


             Representatives Dunshee, Cooke and Leonard spoke in favor of passage of the bill.


MOTION


             On motion of Representative J. Kohl, Representative Wineberry was excused.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2453, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Ballasiotes, Horn, Riley and Wineberry - 4.


             Engrossed House Bill No. 2453, having received the constitutional majority, was declared passed.


MOTION


             Representative Peery moved that the House immediately consider the following bills in the following order: House Bill No. 2458, House Bill No. 2464, House Bill No. 2465 and House Bill No. 2526. The motion was carried.


             HOUSE BILL NO. 2458, by Representatives Heavey, Reams, Kremen, Schmidt and Shin

 

Specifying the duty of publicly owned utilities to serve within their service areas.


             The bill was read the second time.


             On motion of Representative Bray, Substitute House Bill No. 2458 was substituted for House Bill No. 2458, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2458 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2458.


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


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2458, and the bill passed the House by the following vote: Yeas - 92, Nays - 2, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.

             Voting nay: Representatives Dunshee and Meyers, R. - 2.

             Excused: Representatives Ballasiotes, Horn, Riley and Wineberry - 4.


             Substitute House Bill No. 2458, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2464, by Representatives H. Myers, Edmondson, Jones, Brown, Springer, Wolfe, Shin, Kessler, Ogden, Leonard, Thibaudeau, Flemming, J. Kohl, Dunshee, Reams, R. Fisher, Romero, Wood, Morris, Sommers, Zellinsky, Orr, Mastin, Kremen, Appelwick, Wang, Peery, Cooke, Wineberry, Karahalios, Brough, Caver, King, Eide and L. Johnson

 

Limiting zoning regulation of family day-care providers' home facilities.


             The bill was read the second time.


             On motion of Representative H. Myers, Substitute House Bill No. 2464 was substituted for House Bill No. 2464, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2464 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2464.


             Representatives H. Myers and Edmondson spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2464, and the bill passed the House by the following vote: Yeas - 82, Nays - 12, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sheahan, Shin, Silver, Sommers, Springer, Talcott, Tate, Thibaudeau, Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 82.

             Voting nay: Representatives Ballard, Chandler, Dyer, Foreman, Linville, Lisk, Long, Rayburn, Sehlin, Sheldon, Stevens and Thomas, B. - 12.

             Excused: Representatives Ballasiotes, Horn, Riley and Wineberry - 4.


             Substitute House Bill No. 2464, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2465, by Representatives Anderson, Veloria, L. Thomas, Reams, Conway, Pruitt, Campbell, King, Brough, Fuhrman, Wood, Dyer, J. Kohl and Quall

 

Copying public records.


             The bill was read the second time.


             On motion of Representative Anderson, Substitute House Bill No. 2465 was substituted for House Bill No. 2465, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2465 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.


             The Speaker assumed the chair.


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2465.


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


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2465, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Ballasiotes, Horn, Riley and Wineberry - 4.


             Substitute House Bill No. 2465, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2526, by Representatives Heavey, Chandler, Anderson, Wineberry, Campbell, Casada, Chappell, Morris, Kessler, Dorn, King, Carlson, Conway, G. Cole, R. Meyers, Hansen, Pruitt, Bray, J. Kohl, Jones, Leonard, Holm, Moak, Eide, Roland, Scott, Grant, Quall, Kremen, Schoesler, Talcott and Springer

 

Including chiropractic care in health services available under industrial insurance.


             The bill was read the second time.


             On motion of Representative Heavey, Substitute House Bill No. 2526 was substituted for House Bill No. 2526, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2526 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.


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2526.


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


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2526, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Ballasiotes, Horn, Riley and Wineberry - 4.


             Substitute House Bill No. 2526, having received the constitutional majority, was declared passed.


MOTION


             Representative Peery moved that House Bill No. 2539 be referred to the Committee on Rules. The motion was carried.


             The Speaker declared the House to be at ease.


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


             The Speaker (Representative King presiding) declared the House to be at recess until 1:20 p.m.


AFTERNOON SESSION


             The Speaker (Representative Chappell presiding) called the House to order at 1:20 p.m.


             The Clerk called the role and a quorum was present.


             Representative R. Meyers assumed the chair.


MOTION


             Representative Peery moved that the House immediately consider the following bills in the following order: House Bill No. 2582 and House Bill No. 2614. The motion was carried.


             HOUSE BILL NO. 2582, by Representatives Sheldon and Holm

 

Affecting leasehold excise taxes.


             The bill was read the second time.


             On motion of Representative R. Fisher, Substitute House Bill No. 2582 was substituted for House Bill No. 2582, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2582 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2582.


             Representatives Sheldon and Foreman spoke in favor of passage of the bill.


MOTIONS


             On motion of Representative J. Kohl, Representatives Dorn, Quall and Riley were excused.


             On motion of Representative Wood, Representatives Ballasiotes and Van Luven were excused.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2582, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 1, Excused - 6.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.

             Absent: Representative Valle - 1.

             Excused: Representatives Ballasiotes, Dorn, Horn, Quall, Riley and Van Luven - 6.


             Substitute House Bill No. 2582, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2614, by Representatives King, Lisk, G. Cole, Foreman, Chandler, Brough, Dyer, Silver and Van Luven

 

Allowing self-insured employers to close disability claims after July 1990.


             The bill was read the second time.


             On motion of Representative Heavey, Substitute House Bill No. 2614 was substituted for House Bill No. 2614, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2614 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2614.


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


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2614, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Ballasiotes, Horn, Riley and Van Luven - 4.


             Substitute House Bill No. 2614, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2616, by Representatives Linville, Horn, Rust, Foreman, Kremen, B. Thomas, Roland, Van Luven, Basich, Karahalios, Holm, Hansen, L. Johnson, Peery, J. Kohl, Bray, Flemming, Pruitt, Edmondson, Forner, Valle, Shin, R. Meyers, Ogden, Dunshee, Wolfe, Sheldon, Jones, Brough, Sheahan, Romero, Chappell, Dyer, Springer, King, Cothern and Long

 

Directing the department of health to test ground water in order to seek waivers under the safe drinking water act.


             The bill was read the second time.


             On motion of Representative Wang, Substitute House Bill No. 2616 was substituted for House Bill No. 2616, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2616 was read the second time.


             On motion of Representative Wang, Second Substitute House Bill No. 2616 was substituted for Substitute House Bill No. 2616, and the second substitute bill was placed on the second reading calendar.


             Second Substitute House Bill No. 2616 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2616.


             Representatives Linville and Sehlin spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 2616, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Ballasiotes, Horn, Riley and Van Luven - 4.


             Second Substitute House Bill No. 2616, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2619, by Representatives Schmidt, Zellinsky, Wood, Kremen and J. Kohl

 

Encouraging alternative fuel in taxicabs.


             House Bill No. 2619 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2619.


             Representative Schmidt spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2619, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Ballasiotes, Horn, Riley and Van Luven - 4.


             House Bill No. 2619, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2688, by Representatives G. Cole and King; by request of Attorney General

 

Modifying the duties and responsibilities of sellers of travel.


             The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass substitute by Committee on Commerce & Labor, as amended by Committee on Appropriations. (For committee amendment see Journal, 29th Day, February 7, 1994.)


             On motion of Representative Heavey, Substitute House Bill No. 2688 was substituted for House Bill No. 2688, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2688 was read the second time.


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


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


             On page 20, beginning on line 1, strike all of section 41 and insert the following:


             "NEW SECTION. Sec. 41. Sections 2 through 9, 13 through 28, and 34 through 37 of this act are each added to chapter 19.138 RCW."


             Representative G. Cole spoke in favor of the 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2688.


             Representative G. Cole spoke in favor of passage of the bill and Representatives Schmidt and Lisk spoke against it.


POINT OF INQUIRY


             Representative G. Cole yielded to a question by Representative Carlson.


             Representative Carlson: We have a statement that was provided us from the Washington Coalition of Travel, and it says that they support the bill as drafted. Does that mean that they accept the amendment that has already passed?


             Representative G. Cole: The amendment that I proposed was simply technical, if that's what your referring too. I assume that they do.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2688, and the bill passed the House by the following vote: Yeas - 57, Nays - 37, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Appelwick, Bray, Brown, Campbell, Carlson, Casada, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Heavey, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Romero, Rust, Scott, Sommers, Springer, Tate, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 57.

             Voting nay: Representatives Backlund, Ballard, Basich, Brough, Brumsickle, Chandler, Chappell, Cooke, Dyer, Edmondson, Forner, Fuhrman, Grant, Hansen, Johanson, Lemmon, Lisk, Long, McMorris, Mielke, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Stevens, Talcott, Thomas, B., Thomas, L., Wood and Zellinsky - 37.

             Excused: Representatives Ballasiotes, Horn, Riley and Van Luven - 4.


             Engrossed Substitute House Bill No. 2688, having received the constitutional majority, was declared passed.


             With the consent of the House, the House advanced to House Bill No. 2702.


             HOUSE BILL NO. 2702, by Representatives Brown, Orr and Padden

 

Concerning public improvement bonds' retainage level.


             The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment see Journal, 26th Day, February 4, 1994.)


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


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


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2702.


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


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2702, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Ballasiotes, Horn, Riley and Van Luven - 4.


             Engrossed House Bill No. 2702, having received the constitutional majority, was declared passed.


             With the consent of the House, the House advanced to House Bill No. 2743.


             HOUSE BILL NO. 2743, by Representatives Sommers, Silver, Dorn and King; by request of Superintendent of Public Instruction and Office of Financial Management

 

Changing provisions relating to health services provided by school districts.


             House Bill No. 2743 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2743.


             Representatives Sommers and Silver spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2743, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Ballasiotes, Horn, Riley and Van Luven - 4.


             House Bill No. 2743, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2760, by Representatives R. Fisher, Zellinsky, Schmidt, Wood, Sheldon, R. Meyers, Jones, Sehlin and Kessler

 

Authorizing sales tax equalization for transit systems.


             The bill was read the second time.


             On motion of Representative R. Fisher, Substitute House Bill No. 2760 was substituted for House Bill No. 2760, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2760 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2760.


             Representatives R. Fisher, Schmidt, Jones, Sehlin and Edmondson spoke in favor of passage of the bill and Representatives Brough and Fuhrman spoke against it.


             Representative Brough again spoke against passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2760, and the bill passed the House by the following vote: Yeas - 66, Nays - 28, Absent - 0, Excused - 4.

             Voting yea: Representatives Backlund, Basich, Bray, Brown, Brumsickle, Campbell, Carlson, Caver, Chandler, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Fisher, G., Fisher, R., Flemming, Foreman, Grant, Hansen, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Romero, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Shin, Springer, Thibaudeau, Veloria, Wang, Wineberry, Wood, Zellinsky and Mr. Speaker - 66.

             Voting nay: Representatives Anderson, Appelwick, Ballard, Brough, Casada, Cooke, Dyer, Finkbeiner, Forner, Fuhrman, Heavey, Johanson, Long, McMorris, Mielke, Padden, Roland, Rust, Sheldon, Silver, Sommers, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle and Wolfe - 28.

             Excused: Representatives Ballasiotes, Horn, Riley and Van Luven - 4.


             Substitute House Bill No. 2760, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2776, by Representatives Sommers and Horn

 

Exempting certain apprentices from the retirement system.


             The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 26th Day, February 4, 1994.)


             Representative Sommers moved the adoption of the committee amendment.


             Representative Sommers moved adoption of the following amendment by Representative Sommers to the committee amendment:


             On page 1, line 5 of the amendment, after "plan" insert "or if the employee is a member of a Taft-Hartley retirement plan"


             Representatives Sommers and Silver spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.


             The committee 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2776.


             Representatives Sommers and Silver spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2776, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Ballasiotes, Horn, Riley and Van Luven - 4.


             Engrossed House Bill No. 2776, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2791, by Representatives R. Johnson, Dyer, L. Thomas, B. Thomas, Foreman, Forner and Silver

 

Revising provisions relating to nursing home cost reports and audits.


             House Bill No. 2791 was read the second time.


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


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2791.


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


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2791, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Ballasiotes, Horn, Riley and Van Luven - 4.


             House Bill No. 2791, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2867, by Representatives Kessler, Chandler, Kremen, Finkbeiner, Long, Casada, Bray and Foreman

 

Exempting federally licensed dams from state regulation.


             House Bill No. 2867 was read the second time.


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


             The Speaker assumed the chair.


             The Speaker stated the question before the House to be final passage of House Bill No. 2867.


             Representatives Kessler, Chandler, B. Thomas and Bray spoke in favor of passage of the bill and Representatives Pruitt and Valle spoke against it.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2867, and the bill passed the House by the following vote: Yeas - 89, Nays - 5, Absent - 0, Excused - 4.

             Voting yea: Representatives Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.

             Voting nay: Representatives Anderson, King, Pruitt, Thibaudeau and Valle - 5.

             Excused: Representatives Ballasiotes, Horn, Riley and Van Luven - 4.


             House Bill No. 2867, having received the constitutional majority, was declared passed.


MOTION


             Representative Peery moved that the House immediately consider the following bills in the following order: House Bill No. 2644 and House Bill No. 2168. The motion was carried.


             HOUSE BILL NO. 2644, by Representatives Sommers and Silver; by request of Department of Retirement Systems

 

Making retirement contributions and payments.


             The bill was read the second time.


             On motion of Representative Sommers, Substitute House Bill No. 2644 was substituted for House Bill No. 2644, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2644 was read the second time.


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


             On page 6, beginning on line 27, strike all of section 8 and insert the following:


             "Sec. 8. RCW 41.40.010 and 1993 c 95 s 8 are each amended to read as follows:

             As used in this chapter, unless a different meaning is plainly required by the context:

             (1) "Retirement system" means the public employees' retirement system provided for in this chapter.

             (2) "Department" means the department of retirement systems created in chapter 41.50 RCW.

             (3) "State treasurer" means the treasurer of the state of Washington.

             (4)(a) "Employer" for plan I members, means every branch, department, agency, commission, board, and office of the state, any political subdivision or association of political subdivisions of the state admitted into the retirement system, and legal entities authorized by RCW 35.63.070 and 36.70.060 or chapter 39.34 RCW as now or hereafter amended; and the term shall also include any labor guild, association, or organization the membership of a local lodge or division of which is comprised of at least forty percent employees of an employer (other than such labor guild, association, or organization) within this chapter. The term may also include any city of the first class that has its own retirement system.

             (b) "Employer" for plan II members, means every branch, department, agency, commission, board, and office of the state, and any political subdivision and municipal corporation of the state admitted into the retirement system, including public agencies created pursuant to RCW 35.63.070, 36.70.060, and 39.34.030.

             (5) "Member" means any employee included in the membership of the retirement system, as provided for in RCW 41.40.023.

             (6) "Original member" of this retirement system means:

             (a) Any person who became a member of the system prior to April 1, 1949;

             (b) Any person who becomes a member through the admission of an employer into the retirement system on and after April 1, 1949, and prior to April 1, 1951;

             (c) Any person who first becomes a member by securing employment with an employer prior to April 1, 1951, provided the member has rendered at least one or more years of service to any employer prior to October 1, 1947;

             (d) Any person who first becomes a member through the admission of an employer into the retirement system on or after April 1, 1951, provided, such person has been in the regular employ of the employer for at least six months of the twelve-month period preceding the said admission date;

             (e) Any member who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement becomes entitled to be credited with ten years or more of membership service except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member;

             (f) Any member who has been a contributor under the system for two or more years and who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement has rendered five or more years of service for the state or any political subdivision prior to the time of the admission of the employer into the system; except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member.

             (7) "New member" means a person who becomes a member on or after April 1, 1949, except as otherwise provided in this section.

             (8)(a) "Compensation earnable" for plan I members, means salaries or wages earned during a payroll period for personal services and where the compensation is not all paid in money, maintenance compensation shall be included upon the basis of the schedules established by the member's employer((: PROVIDED, That)). Compensation that a member receives for being in standby status is also compensation earnable, subject to the conditions of this subsection. A member is in standby status when not being paid for time actually worked and only when both of the following conditions exist: (i) The member is required to be present at, or in the immediate vicinity of, a specified location; and (ii) the employer requires the member to be prepared to report immediately for work, if the need arises, although the need may not arise. Standby compensation is regular salary for the purposes of RCW 41.50.150(2). Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable and the individual shall receive the equivalent service credit((: PROVIDED FURTHER, That)). If a leave of absence is taken by an individual for the purpose of serving in the state legislature, the salary which would have been received for the position from which the leave of absence was taken, shall be considered as compensation earnable if the employee's contribution is paid by the employee and the employer's contribution is paid by the employer or employee.

             (b) "Compensation earnable" for plan II members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude nonmoney maintenance compensation and lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay((: PROVIDED, That)). Compensation that a member receives for being in standby status is also compensation earnable, subject to the conditions of this subsection. A member is in standby status when not being paid for time actually worked and only when both of the following conditions exist: (i) The member is required to be present at, or in the immediate vicinity of, a specified location; and (ii) the employer requires the member to be prepared to report immediately for work, if the need arises, although the need may not arise. Standby compensation is regular salary for the purposes of RCW 41.50.150(2). Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable to the extent provided above, and the individual shall receive the equivalent service credit((: PROVIDED FURTHER, That)). In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:

             (((i))) (A) The compensation earnable the member would have received had such member not served in the legislature; or

             (((ii))) (B) Such member's actual compensation earnable received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under subparagraph (i) of this subsection is greater than compensation earnable under subparagraph (ii) of this subsection shall be paid by the member for both member and employer contributions.

             (9)(a) "Service" for plan I members, except as provided in RCW 41.40.088, means periods of employment in an eligible position or positions for one or more employers rendered to any employer for which compensation is paid, and includes time spent in office as an elected or appointed official of an employer. Compensation earnable earned in full time work for seventy hours or more in any given calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service except as provided in RCW 41.40.088. Only service credit months and one-quarter service credit months shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter. Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits. Time spent in standby status, whether compensated or not, is not service.

             Service by a state employee officially assigned by the state on a temporary basis to assist another public agency, shall be considered as service as a state employee: PROVIDED, That service to any other public agency shall not be considered service as a state employee if such service has been used to establish benefits in any other public retirement system: PROVIDED FURTHER, That an individual shall receive no more than a total of twelve service credit months of service during any calendar year: PROVIDED FURTHER, That where an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for seventy or more hours is rendered.

             (b) "Service" for plan II members, means periods of employment by a member in an eligible position or positions for one or more employers for which compensation earnable is paid. Compensation earnable earned for ninety or more hours in any calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for at least seventy hours but less than ninety hours in any calendar month shall constitute one-half service credit month of service. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service. Time spent in standby status, whether compensated or not, is not service.

             Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits.

             Service in any state elective position shall be deemed to be full time service, except that persons serving in state elective positions who are members of the teachers' retirement system or law enforcement officers' and fire fighters' retirement system at the time of election or appointment to such position may elect to continue membership in the teachers' retirement system or law enforcement officers' and fire fighters' retirement system.

             A member shall receive a total of not more than twelve service credit months of service for such calendar year: PROVIDED, That when an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for ninety or more hours is rendered.

             (10) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.

             (11) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.

             (12) "Prior service" means all service of an original member rendered to any employer prior to October 1, 1947.

             (13) "Membership service" means:

             (a) All service rendered, as a member, after October 1, 1947;

             (b) All service after October 1, 1947, to any employer prior to the time of its admission into the retirement system: PROVIDED, That an amount equal to the employer and employee contributions which would have been paid to the retirement system on account of such service shall have been paid to the retirement system with interest (as computed by the department) on the employee's portion prior to retirement of such person, by the employee or his employer, except as qualified by RCW 41.40.023: PROVIDED FURTHER, That employer contributions plus employee contributions with interest submitted by the employee under this subsection shall be placed in the employee's individual account in the employees' savings fund and be treated as any other contribution made by the employee, with the exception that the contributions submitted by the employee in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall be excluded from the calculation of the member's annuity in the event the member selects a benefit with an annuity option;

             (c) Service not to exceed six consecutive months of probationary service rendered after April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of the total amount of the employer's contribution to the retirement fund which would have been required under the law in effect when such probationary service was rendered if the member had been a member during such period, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member;

             (d) Service not to exceed six consecutive months of probationary service, rendered after October 1, 1947, and before April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of five percent of such member's salary during said period of probationary service, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member.

             (14)(a) "Beneficiary" for plan I members, means any person in receipt of a retirement allowance, pension or other benefit provided by this chapter.

             (b) "Beneficiary" for plan II members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.

             (15) "Regular interest" means such rate as the director may determine.

             (16) "Accumulated contributions" means the sum of all contributions standing to the credit of a member in the member's individual account together with the regular interest thereon.

             (17)(a) "Average final compensation" for plan I members, means the annual average of the greatest compensation earnable by a member during any consecutive two year period of service credit months for which service credit is allowed; or if the member has less than two years of service credit months then the annual average compensation earnable during the total years of service for which service credit is allowed.

             (b) "Average final compensation" for plan II members, means the member's average compensation earnable of the highest consecutive sixty months of service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.40.710(2).

             (18) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of employment.

             (19) "Annuity" means payments for life derived from accumulated contributions of a member. All annuities shall be paid in monthly installments.

             (20) "Pension" means payments for life derived from contributions made by the employer. All pensions shall be paid in monthly installments.

             (21) "Retirement allowance" means the sum of the annuity and the pension.

             (22) "Employee" means any person who may become eligible for membership under this chapter, as set forth in RCW 41.40.023.

             (23) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality and other tables as may be adopted by the director.

             (24) "Retirement" means withdrawal from active service with a retirement allowance as provided by this chapter.

             (25) "Eligible position" means:

             (a) Any position that, as defined by the employer, normally requires five or more months of service a year for which regular compensation for at least seventy hours is earned by the occupant thereof. For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position;

             (b) Any position occupied by an elected official or person appointed directly by the governor for which compensation is paid.

             (26) "Ineligible position" means any position which does not conform with the requirements set forth in subsection (25) of this section.

             (27) "Leave of absence" means the period of time a member is authorized by the employer to be absent from service without being separated from membership.

             (28) "Totally incapacitated for duty" means total inability to perform the duties of a member's employment or office or any other work for which the member is qualified by training or experience.

             (29) "Retiree" means any member in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by such member.

             (30) "Director" means the director of the department.

             (31) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.

             (32) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).

             (33) "Plan I" means the public employees' retirement system, plan I providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.

             (34) "Plan II" means the public employees' retirement system, plan II providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.


             NEW SECTION. Sec. 9. The inclusion of standby compensation in the definition of compensation earnable in RCW 41.40.010 shall apply to compensation earned after the effective date of this act, and on a retroactive basis to standby compensation reported to the department prior to the effective date of this act."


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


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


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2644.


             Representative Sommers spoke in favor of passage of the bill.


MOTION


             On motion of Representative J. Kohl, Representative G. Fisher was excused.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2644, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, 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, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.

             Excused: Representatives Ballasiotes, Fisher, G., Horn, Riley and Van Luven - 5.


             Engrossed Substitute House Bill No. 2644, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2168, by Representatives Ogden, Carlson, Springer, H. Myers, Morris and L. Johnson

 

Authorizing certain counties to appoint a medical examiner to perform the duties of coroner.


             The bill was read the second time.


             On motion of Representative H. Myers, Substitute House Bill No. 2168 was substituted for House Bill No. 2168, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2168 was read the second time.


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


             On page 2, line 10, after "the" strike all material down to and including "authority." on line 15 and insert "county legislative authority may, by resolution or ordinance, combine the office of coroner with the office of county commissioner. The county legislative authority must adopt the resolution or ordinance that transfers the duties of the office of coroner to the county legislative authority at least thirty days prior to the first day of filing for the primary election for county offices."

 

On page 2, line 33, after "the" strike all material down to

and including "authority." on line 38 and insert "county legislative authority may, by resolution or ordinance, combine the office of coroner with the office of county commissioner. The county legislative authority must adopt the resolution or ordinance that transfers the duties of the office of coroner to the county legislative authority at least thirty days prior to the first day of filing for the primary election for county offices."


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


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


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2168.


             Representatives Ogden, Carlson and Reams spoke in favor of passage of the bill and Representatives Edmondson, Moak, Padden and Schmidt spoke against it.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2168, and the bill passed the House by the following vote: Yeas - 51, Nays - 41, Absent - 1, Excused - 5.

             Voting yea: Representatives Anderson, Appelwick, Basich, Brown, Campbell, Carlson, Caver, Cole, G., Conway, Cothern, Dorn, Dunshee, Eide, Fisher, R., Flemming, Grant, Johnson, L., Johnson, R., Karahalios, Kessler, Kohl, J., Kremen, Lemmon, Leonard, Linville, Long, Morris, Myers, H., Ogden, Patterson, Peery, Pruitt, Quall, Reams, Roland, Rust, Schmidt, Schoesler, Scott, Silver, Sommers, Springer, Talcott, Thibaudeau, Thomas, L., Valle, Veloria, Wang, Wineberry, Wood and Mr. Speaker - 51.

             Voting nay: Representatives Backlund, Ballard, Bray, Brough, Brumsickle, Casada, Chandler, Chappell, Cooke, Dellwo, Dyer, Edmondson, Finkbeiner, Foreman, Forner, Fuhrman, Hansen, Heavey, Holm, Johanson, Jones, King, Lisk, Mastin, McMorris, Meyers, R., Mielke, Moak, Orr, Padden, Rayburn, Romero, Sehlin, Sheahan, Sheldon, Shin, Stevens, Tate, Thomas, B., Wolfe and Zellinsky - 41.

             Absent: Representative Jacobsen - 1.

             Excused: Representatives Ballasiotes, Fisher, G., Horn, Riley and Van Luven - 5.


             Engrossed Substitute House Bill No. 2168, having received the constitutional majority, was declared passed.


STATEMENTS FOR THE JOURNAL


             I wish to change my vote from a YES to a NO on Engrossed Substitute House Bill No. 2168.


KAREN SCHMIDT, 23rd District


             I wish to change my vote from a AYE to a NAY on Substitute House Bill No. 2168


LISA BROWN, 3rd District


POINT OF PERSONAL PRIVILEGE


             Representative Backlund: Thank you, Mr. Speaker. It is indeed an honor to reflect upon the life and accomplishments of this great man. For Lincoln came from a humble background; similar to many of us. A backwoods politician who looked beyond everyday problems around him; Lincoln stepped forward with courage and conviction. He made just and honest decisions for the people he served.

             The respect and trust Lincoln earned came not so much from his ideological views, but from the quality of leadership he offered. Lincoln's ability to inspire and lead the citizens of this nation was exceptional. He had the wisdom, courage and faith to make decisions that very often were unpopular among his peers.

             You see; Lincoln did not want to divide the nation. But he had to choose between compromise and standing firm for what he believed was right. His decisions were not made in an arrogant or defiant manner. Instead, he stood in a humble and forgiving way, with confidence that he was right.

             This is a lesson, a lesson that should be practiced by all of us. Lincoln's success, both as a leader and as a politician resulted from his ability to attract support from a broad spectrum of people.

             As a leader, he did not limit his exposure to those within his own party, or those who had different ideological views. His willingness to reach out to people of varied views and attitudes were characteristics of his leadership.

             Lincoln cut through the smoke screens and he made courageous decisions which set him apart from those of mediocrity, or those who let the world shape their tomorrow.

             Lincoln was able to do this with the citizens of his day. And he was successful as a politician and as a leader. These same characteristics are ones that should be embraced by all of us today.


             The Speaker declared the House to be at ease.


             The Speaker called the House to order.


MOTION


             Representative Peery moved that the House consider Substitute House Bill No. 1122 and House Bill No. 2190 on the second reading calendar. The motion was carried.


             SUBSTITUTE HOUSE BILL NO. 1122, by House Committee on Local Government (originally sponsored by Representatives Pruitt, Schmidt, Zellinsky, H. Myers, B. Thomas, Dunshee, Valle, R. Meyers, Basich, Brough and Quall)

 

Changing provisions relating to excess levies in park and recreation districts and service areas.


             Substitute House Bill No. 1122 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.


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1122.


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


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1122, and the bill passed the House by the following vote: Yeas - 91, Nays - 2, Absent - 0, Excused - 5.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, 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, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.

             Voting nay: Representatives Fuhrman and Padden - 2.

             Excused: Representatives Ballasiotes, Fisher, G., Horn, Riley and Van Luven - 5.


             Substitute House Bill No. 1122, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2190, by Representatives Ogden and H. Myers; by request of Department of Community Development

 

Modifying limitations of housing-related capital bond proceeds.


             The bill was read the second time. Committee on Capital Budget recommendation: Majority, do pass as amended. (For committee amendment see Journal, 17th Day, January 26, 1994.)


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


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


             The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2190.


             Representatives Ogden and Sehlin spoke in favor of passage of the bill and Representative Heavey spoke against it.


MOTION


             On motion of Representative J. Kohl, Representative Appelwick was excused.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2190, and the bill passed the House by the following vote: Yeas - 61, Nays - 31, Absent - 0, Excused - 6.

             Voting yea: Representatives Anderson, Backlund, Basich, Bray, Brown, Carlson, Caver, Cole, G., Conway, Cothern, Dellwo, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, R., Flemming, Grant, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Leonard, Linville, Long, Mastin, Moak, Morris, Myers, H., Ogden, Patterson, Peery, Pruitt, Quall, Reams, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Silver, Sommers, Springer, Talcott, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 61.

             Voting nay: Representatives Ballard, Brough, Brumsickle, Campbell, Casada, Chandler, Chappell, Cooke, Dorn, Dyer, Foreman, Forner, Fuhrman, Hansen, Heavey, Kremen, Lemmon, Lisk, McMorris, Meyers, R., Mielke, Orr, Padden, Rayburn, Roland, Sheldon, Shin, Stevens, Tate, Thomas, B. and Thomas, L. - 31.

             Excused: Representatives Appelwick, Ballasiotes, Fisher, G., Horn, Riley and Van Luven - 6.


             Engrossed House Bill No. 2190, having received the constitutional majority, was declared passed.


MOTION FOR RECONSIDERATION


             Representative Schmidt having voted on the prevailing side, moved that the House immediately reconsider the vote by which Engrossed Substitute House Bill No. 2168 passed the House.


             Representative Schmidt spoke in favor of the motion to reconsider Engrossed Substitute House Bill No. 2168.


             The Speaker divided the House. The result of the division was: 33-YEAS; 59-NAYS. The motion to reconsider Engrossed Substitute House Bill No. 2168 failed.


MOTION


             Representative Peery moved that the House immediately consider House Bill No. 2205. The motion was carried.


             HOUSE BILL NO. 2205, by Representatives Cothern, L. Johnson and H. Myers

 

Creating urban emergency medical service districts.


             House Bill No. 2205 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.


             The Speaker stated the question before the House to be final passage of House Bill No. 2205.


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


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2205, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 1, Excused - 6.

             Voting yea: Representatives Anderson, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, 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, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.

             Absent: Representative Sheahan - 1.

             Excused: Representatives Appelwick, Ballasiotes, Fisher, G., Horn, Riley and Van Luven - 6.


             House Bill No. 2205, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I would like to change my vote from a NAY to a AYE on House Bill No. 2205.


LARRY SHEAHAN, 9th District


MESSAGE FROM THE SENATE


February 12, 1994


Mr. Speaker:

             The Senate has passed:


SUBSTITUTE SENATE BILL NO. 6051,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6071,

SUBSTITUTE SENATE BILL NO. 6081,

SUBSTITUTE SENATE BILL NO. 6086,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6110,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6111,

SECOND SUBSTITUTE SENATE BILL NO. 6136,

SENATE BILL NO. 6254,

SENATE JOINT MEMORIAL NO. 8029,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


             Representative Peery moved that the House immediately consider House Bill No. 2220 on the second reading calendar. The motion was carried.


             HOUSE BILL NO. 2220, by Representatives Wolfe, Brumsickle, Ogden and H. Myers

 

Appointing commissioners for housing authorities.


             The bill was read the second time.


             On motion of Representative Springer, Substitute House Bill No. 2220 was substituted for House Bill No. 2220, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2220 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.


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2220.


MOTION


             On motion of Representative J. Kohl, Representative Cothern was excused.


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


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2220, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

             Voting yea: Representatives Anderson, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, 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, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.

             Excused: Representatives Appelwick, Ballasiotes, Cothern, Fisher, G., Horn, Riley and Van Luven - 7.


             Substitute House Bill No. 2220, having received the constitutional majority, was declared passed.


             With the consent of the House, consideration of House Bill No. 2228 was deferred.


             HOUSE BILL NO. 2242, by Representatives Leonard, Cooke, Wolfe, Morris, L. Johnson, J. Kohl, Roland, Karahalios and Springer; by request of Department of Corrections and Department of Social and Health Services

 

Authorizing the department of corrections to transfer juveniles under age eighteen to juvenile correctional institutions.


             The bill was read the second time. Committee on Corrections recommendation: Majority, do pass as amended. (For committee amendment see Journal, 15th Day, January 24, 1994.) Committee on Appropriations recommendation: Majority, do pass without amendment by Committee on Corrections.


             The Speaker called upon Representative R. Meyers to preside.


             Representative Morris moved the adoption of the committee amendment.


             Representatives Morris and Long spoke in favor of the adoption of the amendment and Representatives Sommers and Wang spoke against it.


             The Speaker (Representative R. Meyers presiding) divided the House. The results were: 38-YEAS;54-NAYS. The committee amendment was not adopted.


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


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2242.


             Representatives Leonard, Cooke and Edmondson spoke in favor of passage of the bill and Representative Brough spoke against it.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2242, and the bill passed the House by the following vote: Yeas - 89, Nays - 3, Absent - 0, Excused - 6.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.

             Voting nay: Representatives Brough, Fuhrman and Lisk - 3.

             Excused: Representatives Ballasiotes, Cothern, Fisher, G., Horn, Riley and Van Luven - 6.


             House Bill No. 2242, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2414, by Representatives Brown, R. Fisher, Appelwick, J. Kohl, King and Patterson; by request of Washington Traffic Safety Commission

 

Changing provisions relating to child passenger restraint systems.


             The bill was read the second time.


             On motion of Representative R. Fisher, Substitute House Bill No. 2414 was substituted for House Bill No. 2414, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2414 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2414.


             Representative Brown spoke in favor of passage of the bill.


MOTION


             On motion of Representative Wood, Representative Padden was excused.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2414, and the bill passed the House by the following vote: Yeas - 89, Nays - 1, Absent - 1, Excused - 7.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, 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, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.

             Voting nay: Representative Fuhrman - 1.

             Absent: Representative Myers, H. - 1.

             Excused: Representatives Ballasiotes, Cothern, Fisher, G., Horn, Padden, Riley and Van Luven - 7.


             Substitute House Bill No. 2414, having received the constitutional majority, was declared passed.



             On motion of Representative Peery, consideration of House Bill No. 2416 was deferred.


             HOUSE BILL NO. 2434, by Representatives Riley and Basich

 

Changing a time limit for public works bids.


             The bill was read the second time.


             On motion of Representative Heavey, Substitute House Bill No. 2434 was substituted for House Bill No. 2434, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2434 was read the second time.


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


             On page 1, line 12, after "one" strike the remainder of line 12 and insert "((hours of the bid)) hour after the published bid submittal time,"


             Representative Heavey spoke in favor of the 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2434.


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



MOTION


             On motion of Representative J. Kohl, Representative Leonard was excused.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2434, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, 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, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 90.

             Excused: Representatives Ballasiotes, Cothern, Fisher, G., Horn, Leonard, Padden, Riley and Van Luven - 8.


             Engrossed Substitute House Bill No. 2434, having received the constitutional majority, was declared passed.


MOTION


             Representative Peery moved that the House defer consideration of House Bill No. 2577 and the bill hold its place on the second reading calendar. The motion was carried.


             HOUSE BILL NO. 2599, by Representatives H. Myers, Ogden, Quall, Jones, Flemming, Valle, Kremen, Roland, J. Kohl and L. Johnson

 

Authorizing sexual assault prevention and awareness services through the department of community, trade, and economic development in cooperation with the superintendent of public instruction.


             House Bill No. 2599 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.


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2599.


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


POINT OF INQUIRY


             Representative H. Myers yielded to a question by Representative Dyer.


             Representative Dyer: I like what I see in the bill and now I'm confused because now I don't have the fiscal note. Are we going to be putting any unfunded mandates back on the school districts?


             Representative H. Myers: No, Representative Dyer. We are not putting any type of mandate onto the school, it is purely whether or not they would like to act for them or have someone come in and train either their teachers or put on a presentation for their teachers. No mandate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2599, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, 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, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 90.

             Excused: Representatives Ballasiotes, Cothern, Fisher, G., Horn, Leonard, Padden, Riley and Van Luven - 8.


             House Bill No. 2599, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2603, by Representatives Brough and Sommers

 

Restricting the allowance on retirement for disability.


             The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 26th Day, February 4, 1994.)


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


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


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2603.


             Representative Brough spoke in favor of passage of the bill and Representative Orr spoke against it.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2603, and the bill passed the House by the following vote: Yeas - 58, Nays - 32, Absent - 0, Excused - 8.

             Voting yea: Representatives Appelwick, Backlund, Ballard, Brough, Brumsickle, Campbell, Carlson, Casada, Chappell, Cooke, Dyer, Edmondson, Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kremen, Linville, Lisk, Long, McMorris, Mielke, Morris, Myers, H., Ogden, Peery, Pruitt, Rayburn, Reams, Romero, Rust, Schmidt, Schoesler, Sehlin, Sheahan, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Valle, Veloria, Wang, Wineberry, Wolfe, Wood and Mr. Speaker - 58.

             Voting nay: Representatives Anderson, Basich, Bray, Brown, Caver, Chandler, Cole, G., Conway, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Hansen, Heavey, Johanson, Kessler, King, Kohl, J., Lemmon, Mastin, Meyers, R., Moak, Orr, Patterson, Quall, Roland, Scott, Sheldon, Thibaudeau, Thomas, L. and Zellinsky - 32.

             Excused: Representatives Ballasiotes, Cothern, Fisher, G., Horn, Leonard, Padden, Riley and Van Luven - 8.


             Engrossed House Bill No. 2603, having received the constitutional majority, was declared passed.


             The Speaker assumed the chair.


             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., Monday, February 14, 1994.


BRIAN EBERSOLE, Speaker

MARILYN SHOWALTER, Chief Clerk