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TWELFTH DAY

__________


AFTERNOON SESSION


__________


House Chamber, Olympia, Friday, January 20, 1995


             The House was called to order at 1:30 p.m. by the Speaker. The Clerk called the roll and a quorum was present.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Joey Doughly and Alissa Marzolf. Prayer was offered by Archbishop Thomas J. Murphy from the Archdiocese of Washington.


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

 

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


MESSAGE FROM THE SENATE


January 18, 1995


Mr. Speaker:


             The Senate has adopted:


HOUSE CONCURRENT RESOLUTION NO. 4402,


and the same is herewith transmitted.


Marty Brown, Secretary


SIGNED BY THE SPEAKER


             The Speaker announced he was signing:


HOUSE CONCURRENT RESOLUTION NO. 4402,


             The Speaker declared the House to be at ease.


             The Speaker called the House to order.


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


INTRODUCTIONS AND FIRST READINGS

 

HB 1260           by Representatives Dyer, Backlund, Hymes, Casada and Kremen

 

AN ACT Relating to health care liability reform; adding a new section to chapter 4.24 RCW; adding new sections to chapter 7.70 RCW; adding a new section to chapter 18.130 RCW; and creating a new section.

 

Referred to Committee on Health Care.

Held on first reading from 1/19/95.

 

HB 1285           by Representatives L. Thomas, Dellwo, Mielke, Benton, Huff, Wolfe, Campbell, Costa, Pelesky, Dyer, Kessler, Smith and Beeksma

 

AN ACT Relating to immunity for providing surplus line insurance information to the insurance commissioner; and amending RCW 48.01.190.

 

Referred to Committee on Financial Institutions & Insurance.

Held on first reading from 1/19/95.

 

HB 1288           by Representatives Ballasiotes, Costa, Sheahan, Van Luven, Lambert, Sheldon, Mielke, Padden, Conway, Delvin, Schoesler, Foreman, Stevens, Thibaudeau, Dickerson, Blanton, Sherstad, Hargrove, Scott, Kessler and Radcliff.

 

AN ACT Relating to inmate name changes; and amending RCW 4.24.130.

 

Referred to Committee on Corrections.

Held on first reading from 1/19/95.

 

HB 1290           by Representative Valle

 

AN ACT Relating to responsible forest fire protection measures; amending RCW 66.08.200 and 82.08.170; adding a new section to chapter 76.04 RCW; and creating a new section.

 

Referred to Committee on Natural Resources.

 

HB 1291           by Representatives Goldsmith, Carlson, Mulliken, Sheahan, McMahan, Buck, Benton, Thompson and Kessler

 

AN ACT Relating to a surcharge for excess credits taken at institutions of higher education; reenacting and amending RCW 28B.15.031; and adding a new section to chapter 28B.15 RCW.

 

Referred to Committee on Higher Education.

 

HB 1292           by Representatives Pelesky, Carrell, McMahan, Huff, Campbell, L. Thomas, Smith, Crouse, Buck, Sherstad, Clements, Hymes, Thompson, Lambert, Mulliken, Padden, Radcliff, Johnson, Hickel, Mielke, Casada and Hargrove

 

AN ACT Relating to classroom discipline; amending RCW 28A.600.020; and prescribing penalties.

 

Referred to Committee on Education.

 

HB 1293           by Representatives Patterson, Reams, Mitchell, Poulsen, R. Fisher, Valle and G. Fisher

 

AN ACT Relating to soundproofing programs in aircraft noise- impacted areas; amending RCW 53.54.030; adding a new section to chapter 53.54 RCW; and declaring an emergency.

 

Referred to Committee on Government Operations.

 

HB 1294           by Representatives Dellwo, Kessler, Wolfe, Romero, Appelwick, Basich and Cody

 

AN ACT Relating to the head injury trust fund; adding a new section to chapter 46.61 RCW; and prescribing penalties.

 

Referred to Committee on Law and Justice.

 

HB 1295           by Representatives Carlson, Sommers, Sehlin and Basich; by request of Department of Retirement Systems

 

AN ACT Relating to payment of retirement system benefits upon death of a member or retiree; amending RCW 41.40.188, 41.40.220, 41.40.250, 41.40.270, 41.40.660, 41.40.670, 41.40.700, 41.32.520, 41.32.522, 41.32.523, 41.32.530, 41.32.550, 41.32.785, 41.32.790, 41.32.805, 41.26.460, 41.26.470, 41.26.510, 2.10.144, and 2.10.146; and reenacting and amending RCW 41.40.235.

 

Referred to Committee on Appropriations.

 

HB 1296           by Representatives Sommers, Carlson and Sehlin; by request of Department of Retirement Systems

 

AN ACT Relating to employer responsibility for retirement contributions; amending RCW 41.50.140; adding a new section to chapter 41.50 RCW; creating a new section; and providing an effective date.

 

Referred to Committee on Appropriations.

 

HB 1297           by Representatives Sehlin, Sommers and Carlson; by request of Department of Retirement Systems

 

AN ACT Relating to complying with federal limits on the maximum compensation used to calculate state retirement system benefits; adding a new section to chapter 41.26 RCW; adding a new section to chapter 41.32 RCW; adding a new section to chapter 41.40 RCW; and adding a new section to chapter 43.43 RCW.

 

Referred to Committee on Appropriations.

 

HB 1298           by Representatives Cooke, Tokuda and Patterson; by request of Department of Social and Health Services

 

AN ACT Relating to methadone treatment; and amending RCW 70.96A.400, 70.96A.410, and 70.96A.420.

 

Referred to Committee on Children & Family Services.

 

HB 1299           by Representatives Brumsickle, Cole and Dickerson; by request of Office of Financial Management

 

AN ACT Relating to the use of student learning improvement grants; and amending RCW 28A.300.138.

 

Referred to Committee on Education.

 

HB 1300           by Representatives Mastin, Grant, Chappell, L. Thomas, Sheldon, Campbell, Benton, Carrell, Kessler and Basich

 

AN ACT Relating to attorneys' fees, costs, and expenses awarded against the state; adding a new section to chapter 4.84 RCW; and creating new sections.

 

Referred to Committee on Law and Justice.

 

HB 1301           by Representatives Campbell, Pennington, Morris, Boldt, Hymes, Van Luven, Carrell, Patterson, B. Thomas, Mulliken, L. Thomas, Schoesler, Smith, Sherstad, Hargrove, Kremen and Costa

 

AN ACT Relating to modifying business and occupation tax rates; amending RCW 82.04.255 and 82.04.290; creating a new section; repealing RCW 82.04.2201; providing an effective date; and declaring an emergency.

 

Referred to Committee on Finance.

 

HB 1302           by Representatives Delvin, Costa, Appelwick, Hickel, Robertson, Sheahan, Padden, L. Thomas and Mastin

 

AN ACT Relating to crimes involving food stamps; amending RCW 9.91.140; and prescribing penalties.

 

Referred to Committee on Law and Justice.

 

HB 1303           by Representatives Delvin, Ebersole, Robertson, Chappell, Mielke, Sheldon, Cairnes, Mastin, Skinner, Appelwick, Conway, Sheahan, Kremen, Ballasiotes, Wolfe, Huff, Tokuda, Dyer, McMorris, Foreman, Dickerson, Mitchell, Basich and Schoesler

 

AN ACT Relating to a death benefit award for certain law enforcement officers, fire fighters, and commissioned employees of the Washington state patrol who die in the line of duty; adding a new section to chapter 41.04 RCW; adding a new section to chapter 41.26 RCW; adding a new section to chapter 43.43 RCW; and declaring an emergency.

 

Referred to Committee on Appropriations.

 

HB 1304           by Representatives Buck, Kessler, Johnson, Hatfield, Sheldon, Basich and Schoesler; by request of Governor Lowry

 

AN ACT Relating to economic and employment impact of natural resources harvest variation in rural communities; amending RCW 43.31.601, 43.31.611, 43.31.621, 43.31.641, 50.22.090, 43.31.651, 43.63A.600, 43.63A.440, 43.160.076, 28B.50.030, 28B.50.258, 28B.50.262, 28B.80.570, 28B.80.575, 28B.80.580, 28B.80.585, 43.17.065, 43.20A.750, 43.21J.010, 43.168.020, 43.168.140, 43.210.110, 50.12.270, 50.70.010, and 50.70.020; amending 1993 c 316 s 5 (uncodified); amending 1993 c 320 s 10 (uncodified); amending 1993 c 316 s 7 (uncodified); amending 1993 c 320 s 11 (uncodified); reenacting and amending RCW 43.160.020 and 43.160.200; adding a new section to chapter 43.63A RCW; creating a new section; repealing RCW 43.31.661 and 43.31.631; providing an effective date; and declaring an emergency.

 

Referred to Committee on Trade & Economic Development.

 

HB 1305           by Representatives Johnson, Sheldon, Reams, Mastin, L. Thomas and Basich

 

AN ACT Relating to growth management; amending RCW 36.70A.110, 36.70A.070, and 36.70A.210; and adding a new section to chapter 36.70A RCW.

 

Referred to Committee on Government Operations.

 

HB 1306           by Representatives Carlson and Jacobsen; by request of Office of Financial Management

 

AN ACT Relating to tuition; and reenacting and amending RCW 28B.15.202, 28B.15.402, and 28B.15.502.

 

Referred to Committee on Higher Education.

 

HB 1307           by Representatives Crouse, Benton, Padden, Backlund, Koster, Sherstad, Hargrove, McMorris, Sheahan, Pelesky, Goldsmith, Fuhrman, Honeyford, Lambert and Thompson

 

AN ACT Relating to eliminating the requirement that a portion of capital expenditures be set aside for art work; amending RCW 43.46.090 and 43.46.095; and repealing RCW 28A.335.210, 28B.10.025, 28B.10.027, 43.17.200, 43.17.205, 43.17.210, and 43.19.455.

 

Referred to Committee on Capital Budget.

 

HB 1308           by Representatives Crouse, Padden, Benton, Koster, Mastin, Sherstad, Hargrove, Goldsmith, Fuhrman, Lambert and Thompson

 

AN ACT Relating to abolishing the Washington state arts commission; creating a new section; and repealing RCW 28A.335.210, 28B.10.025, 28B.10.027, 43.17.200, 43.17.205, 43.17.210, 43.19.455, 43.46.005, 43.46.015, 43.46.030, 43.46.040, 43.46.045, 43.46.050, 43.46.055, 43.46.060, 43.46.070, 43.46.090, 43.46.095, and 43.46.900.

 

Referred to Committee on Government Operations.

 

HB 1309           by Representatives R. Fisher and Hatfield; by request of Office of Financial Management

 

AN ACT Relating to transportation appropriations; creating new sections; making appropriations; providing an effective date; and declaring an emergency.

 

Referred to Committee on Transportation.

 

HB 1310           by Representatives K. Schmidt, R. Fisher and Buck; by request of Board of Pilotage Commissioners

 

AN ACT Relating to pilotage services; amending RCW 88.16.070; reenacting and amending RCW 88.16.150; and prescribing penalties.

 

Referred to Committee on Transportation.

 

HB 1311           by Representatives K. Schmidt, R. Fisher and Blanton; by request of Board of Pilotage Commissioners

 

AN ACT Relating to pilotage license fees; amending RCW 88.16.090; providing an effective date; and declaring an emergency.

 

Referred to Committee on Transportation.

 

HB 1312           by Representatives Buck, Benton, Foreman, Delvin, Carrell, Johnson, Thompson, Sheldon, Elliot and Mielke

 

AN ACT Relating to firearm range training and practice facilities; and adding a new section to chapter 9.41 RCW.

 

Referred to Committee on Law and Justice.

 

HB 1313           by Representatives Buck, Pennington, Fuhrman, Benton, Foreman, Sheldon, Honeyford, Johnson, Thompson, Hatfield, Hargrove and Elliot

 

AN ACT Relating to a financial performance review of the management of state forest assets; adding a new section to chapter 43.30 RCW; creating a new section; making an appropriation; and declaring an emergency.

 

Referred to Committee on Natural Resources.

 

HB 1314           by Representatives Buck, Fuhrman, Benton, Honeyford, Elliot, Thompson, Sherstad, Mulliken and Hargrove

 

AN ACT Relating to armed crimes; amending RCW 9.41.040, 9.41.047, 9.41.050, 9.41.098, 9.41.110, 9.41.135, 9.41.170, and 9.41.800; reenacting and amending RCW 9.41.010 and 9.41.070; repealing RCW 9.41.240; and prescribing penalties.

 

Referred to Committee on Law and Justice.

 

HB 1315           by Representatives Van Luven, Sheldon, Horn and Campbell

 

AN ACT Relating to court fees funding dispute resolution centers; and creating a new section.

 

Referred to Committee on Law and Justice.

 

HB 1316           by Representatives Elliot, Thompson, Fuhrman, Mulliken, Pelesky, McMorris, D. Schmidt, Sheahan, Sherstad, B. Thomas, McMahan, Johnson, Stevens, L. Thomas, Backlund, Hargrove and Koster

 

AN ACT Relating to educational employees' collective bargaining and contractual obligations; adding a new chapter to Title 28A RCW; creating a new section; and prescribing penalties.

 

Referred to Committee on Education.

 

HB 1317           by Representatives Robertson, Cairnes, B. Thomas, Mitchell, Van Luven, Dyer, Lambert, Radcliff, D. Schmidt, Backlund, Cooke, Reams, Campbell, Stevens, L. Thomas and Koster

 

AN ACT Relating to transportation systems and facilities; amending RCW 47.46.030 and 47.46.040; creating a new section; and declaring an emergency.

 

Referred to Committee on Transportation.

 

HB 1318           by Representatives Carlson, Mulliken and Mastin; by request of Higher Education Coordinating Board

 

AN ACT Relating to the Washington scholars program; amending RCW 28A.600.130, 28B.15.543, 28B.80.245, and 28B.80.246; providing an effective date; and declaring an emergency.

 

Referred to Committee on Higher Education.

 

HB 1319           by Representatives Blanton, Mulliken, Carlson and Mastin; by request of Higher Education Coordinating Board

 

AN ACT Relating to the state educational trust fund; and amending RCW 28B.10.821.

 

Referred to Committee on Higher Education.

 

HB 1320           by Representatives Delvin, Dickerson, Mulliken, Carlson and Mastin; by request of Higher Education Coordinating Board

 

AN ACT Relating to student financial aid; and amending RCW 28B.80.160.

 

Referred to Committee on Higher Education.

 

HB 1321           by Representatives Mulliken, Mason, Goldsmith and Carlson; by request of Higher Education Coordinating Board

 

AN ACT Relating to the tuition recovery trust fund; amending RCW 28B.85.200 and 28B.85.210; and declaring an emergency.

 

Referred to Committee on Higher Education.

 

HB 1322           by Representatives Van Luven, G. Fisher, Hatfield, Ballasiotes, Mitchell, Hymes, Johnson, L. Thomas, Campbell, Kremen and Basich

 

AN ACT Relating to the property taxation of senior citizens and persons retired because of physical disability; amending RCW 84.36.381 and 84.36.381; adding a new section to chapter 84.40 RCW; creating a new section; repealing 1994 sp.s. c 8 s 3 (uncodified); providing effective dates; and declaring an emergency.

 

Referred to Committee on Finance.

 

HB 1323           by Representatives Cairnes, Hargrove and Sherstad

 

AN ACT Relating to an exemption for new construction from seller's disclosure requirements; and amending RCW 64.06.010.

 

Referred to Committee on Trade & Economic Development.

 

HB 1324           by Representatives Veloria, Cody, Dellwo and Dickerson

 

AN ACT Relating to the medical quality assurance commission; and amending RCW 18.71.015.

 

Referred to Committee on Health Care.

 

HB 1325           by Representatives Sheahan, Jacobsen, Mulliken, Benton and Carlson

 

AN ACT Relating to tuition for students in programs leading to the degree of doctor of pharmacy; reenacting and amending RCW 28B.15.202; making appropriations; providing an effective date; and declaring an emergency.

 

Referred to Committee on Higher Education.

 

HB 1326           by Representatives Mulliken, Chandler, Sheahan, Carlson, Benton, Blanton and Delvin

 

AN ACT Relating to commercial activities by institutions of higher education; amending RCW 28B.63.050; and adding a new section to chapter 28B.63 RCW.

 

Referred to Committee on Higher Education.

 

HB 1327           by Representatives Chandler, Kremen, Clements, McMorris, Mastin, Johnson, Chappell, Schoesler, Lisk, Cairnes, Boldt, L. Thomas, Thompson, Sheldon, Campbell, Mulliken and Mielke

 

AN ACT Relating to water rights claim filing; amending RCW 90.14.041 and 90.14.071; and adding a new section to chapter 90.14 RCW.

 

Referred to Committee on Agriculture & Ecology.

 

HJM 4009         by Representatives Mastin, Ballasiotes, Patterson, Backlund, Campbell, Sherstad, Elliot, Robertson and Costa

 

Asking Congress to consider various options regarding alien offenders.

 

Referred to Committee on Corrections.


MOTION


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


POINT OF ORDER


             Representative Appelwick: Thank you, Mr. Speaker. Not to sound like a broken record but I see House Bill No. 1260 is again a liability or tort bill that for more than a decade would historically have gone to the Law & Justice Committee and that the immunity provisions in House Bill No. 1285 is also general liability provisions and I'm requesting the Speaker's guidance in whether they will be re-referred to the Law & Justice Committee.


SPEAKER'S RULING


             Thank you, Representative Appelwick. We're going to send them to the committee so designated for the start of the process and then we'll certainly give consideration whether they will be re-referred or not. My tendency on a number of these is that they will be sent to both committees but we're going to take it on a case by case basis as we proceed.


             Your point of order is not well taken.


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


REPORTS OF STANDING COMMITTEES


January 17, 1995

HB 1010           Prime Sponsor, Representative Reams: Implementing regulatory reform. Reported by Committee on Government Operations

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Reams, Chairman; Goldsmith, Vice Chairman; L. Thomas, Vice Chairman; Hargrove; Honeyford; Hymes; Mulliken; D. Schmidt and Van Luven.

 

MINORITY recommendation: Do not pass. Signed by Representatives Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Chopp; R. Fisher; Sommers and Wolfe.


             Voting Yea: Representatives Goldsmith, Hargrove, Honeyford, Hymes, Mulliken, Reams, D. Schmidt, L. Thomas and Van Luven.

             Voting Nay: Representatives Chopp, R. Fisher, Rust, Sommers and Wolfe.


             Passed to Committee on Rules for second reading.


MOTION


             On motion of Representative Foreman, the bill listed on today's committee reports under the fifth order of business was referred to the committee so designated.


MOTION


             Representative Appelwick moved that House Bill No. 1010 be referred to the Committee on Appropriations.


             Representatives Appelwick, Sommers, Ebersole and Rust spoke in favor of the motion and Representatives Foreman, Dyer and Reams spoke against it.


             Representative Appelwick again spoke in favor of the motion.


             Representative Appelwick demanded an electronic roll call vote on the motion and the demand was sustained.


ROLL CALL


             The Clerk called the roll on the motion to refer House Bill No. 1010 to the Committee on Appropriations and the motion failed by the following vote: Yeas - 37, Nays - 59, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Basich, Brown, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 37.

             Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 59.

             Excused: Representatives Dellwo and Fuhrman - 2.


             The motion to refer House Bill No. 1010 to the Rules Committee was carried.


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


RESOLUTION


             HOUSE RESOLUTION NO. 95-4606, by Representatives Tokuda, Brumsickle, Ballard, Romero, Valle, Wolfe, Buck, Mason, Hatfield, Grant, Mielke, Sommers, Poulsen and Schoesler


             WHEREAS, On January 17, 1995, an earthquake with a magnitude of 7.2 on the Richter scale ravaged Kobe, Japan's sixth largest city, killing several thousand people and injuring thousands more; and

             WHEREAS, The 20 second quake, the worst to hit a metropolitan area in Japan in nearly half a century, flattened over 7,000 buildings and homes, set off raging fires, and annihilated vital infrastructure such as train lines, power, and communications throughout the city; and

             WHEREAS, While Japanese Prime Minister Tomiichi Murayama has sent some 2,000 troops to the area, and earmarked one billion dollars for emergency relief measures, today there is only enough water in the city to supply a third of the 140,000 people left homeless by the quake, who are also in immediate need of food and shelter; and

             WHEREAS, Kobe, a vital port city and commercial hub with a population of 1.4 million people, became Seattle, Washington's first sister city in 1957, paving the way for nine other Washington cities to develop their own ties with cities in Japan; and

             WHEREAS, Kobe is located in Hyogo Prefecture, the state-equivalent in Japan which shares a sister relationship with Washington state; and

             WHEREAS, Valuable, long-standing trade relations and personal friendships among residents of Japan and Washington state cause the devastating grief of this disaster to be shared among all the people of our state; and

             WHEREAS, Residents, business leaders, and charitable organizations in Washington state currently are joining the national and international efforts to provide humanitarian aid to residents of Kobe, a once-beautiful city which has been reduced to the kind of rubble and carnage usually only seen in war-torn areas;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington join in the process of assisting the people of Kobe and its outlying areas by facilitating the ongoing relief effort in any way possible.


             Representative Tokuda moved adoption of the resolution.


             Representatives Tokuda, Brumsickle, Brown, Valle, Stevens, Schoesler and Mason spoke in favor of the resolution.


             House Resolution No. 4606 was adopted.


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


SECOND READING


             SUBSTITUTE HOUSE BILL NO. 1030, by House Committee on Commerce & Labor (originally sponsored by Representatives Lisk, Carlson, Dyer, Skinner, Cooke, Schoesler, Thompson, Goldsmith, Chandler, Basich, Foreman, Honeyford, Hankins, D. Schmidt, Mulliken, McMorris, Clements, Fuhrman, Sheldon, L. Thomas, Huff, Silver, Buck and McMahan)

 

Regulating teen-age work hours.


             Substitute House Bill No. 1030 was read the second time.


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


             On page 1, line 14, after "after" strike "((being assured)) determining that" and insert "being assured"


             On page 2, at the beginning of line 33, strike "C" and insert "E"


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


             With the consent of the House, amendment number 002 was withdrawn.


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


             On page 2, line 28, after "(3)" insert "(a) Except as otherwise provided in this chapter, the hours of employment for minors age sixteen and seventeen shall not be restricted except as follows:

             (i) The total number of hours worked during the school year may not exceed a maximum of twenty-four hours per week.

             (ii) The total number of hours worked during school vacations may not exceed a maximum of ten hours per day or forty-eight hours per week.

             (b) A variance to (a) of this subsection may be granted by the minor's school with concurrence of the minor's parent or legal guardian. The department shall adopt rules establishing the procedures that the school must follow in granting a variance under this subsection. The variance may permit up to a maximum of thirty-two hours of work per week during the school year.

             (4)"


             On page 2, at the beginning of line 34, strike "(4)" and insert "(5)"


             Representatives Foreman, Quall, Ebersole, Lisk, Robertson and Lambert spoke in favor of adoption of the amendment.


             Representative Romero spoke against the adoption of the amendment.


             The amendment was adopted.


             With the consent of the House, amendment numbers 001 and 004 were withdrawn.


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


             On page 2, line 28, after "(3)" insert "Minors age sixteen and seventeen may not be employed more than six days per week while school is in session.

             (4)"


             On page 2, at the beginning of line 34, strike "(4)" and insert "(5)"


             Representatives Kremen and Lisk spoke in favor of adoption of the amendment and it was adopted.


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


             On page 2, line 28, after "(3)" insert "Minors age sixteen and seventeen may not be employed more than ten hours per day on school days.

             (4)"


             On page 2, at the beginning of line 34, strike "(4)" and insert "(5)"


             Representatives Kremen and Lisk spoke in favor of adoption of the amendment.


             Representatives Quall and Cole spoke against the adoption of the amendment.


             The amendment was adopted.


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


             On page 2, line 28, after "(3)" insert "Except as otherwise provided in this chapter, the hours of employment for minors age sixteen and seventeen shall not be restricted except as follows:

             (a) Employment may not begin earlier than 7:00 a.m. on a school day; and

             (b) Employment may not begin earlier than 5:00 a.m. on Saturdays, Sundays, or school holidays or vacations.

             (4)"


             On page 2, at the beginning of line 34, strike "(4)" and insert "(5)"


             Representatives Kessler, Cole and Mastin spoke in favor of adoption of the amendment.


             Representatives Lisk, Clements, Mielke and Carlson spoke against the adoption of the amendment.


             The amendment was not adopted.


             With the consent of the House, amendment number 009 was withdrawn.


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


             On page 2, line 28, after "(3)" insert "Except as otherwise provided in this chapter, the hours of employment for minors age sixteen and seventeen shall not be restricted except employment may not end later than 1:00 a.m. of the night ending on a school day.

             (4)"


             On page 2, at the beginning of line 34, strike "(4)" and insert "(5)"


             Representatives Jacobsen, Mastin, Ebersole, and Appelwick spoke in favor of adoption of the amendment.


             Representatives Lisk, Thompson, Delvin, Chandler, Johnson and Mielke spoke against the adoption of the amendment.


MOTION


             On motion of Representative Brown, Representative Dellwo was excused.


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


ROLL CALL


             The Clerk called the roll on adoption of the amendment on page 2, line 28, by Representative Jacobsen to Substitute House Bill No. 1030, and the amendment was not adopted by the following vote: Yeas - 39, Nays - 57, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Basich, Benton, Brown, Campbell, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 39.

             Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 57.

             Excused: Representatives Dellwo and Fuhrman -2.


             With the consent of the House, amendment number 011 was withdrawn.


             With the consent of the House, amendment number 017 was withdrawn.


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


             On page 2, line 28, after "(3)" insert "If a minor age sixteen or older is employed past 12:00 a.m., the employer must provide the minor employee with an escort to his or her means of transportation home.

             (4)"


             Representative Patterson spoke in favor of adoption of the amendment.


             Representative Lisk spoke against the adoption of the amendment.


             The amendment was not adopted.


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


             On page 2, line 28, after "(3)" insert "(a)"


             On page 2, line 28,after "by" insert "this subsection or"


             On page 2, on line 29, after "hazardous." strike "In" and insert "Except as provided in (b) of this subsection, in"


             On page 2, after line 33, insert:

             "(b) Minors may not be employed in:

              (i) Occupations where there is a risk of exposure to bodily fluids or transmission of infectious agents, including but not limited to hepatitis and HIV, including lab work which entails the cleaning of medical equipment used to draw or store blood or other contaminated tissue; duties which involve venipuncture; and duties involving work with laundry from health care facilities. This subsection(b)(i) does not apply if the minor is a student in a bona fide health care career training or vocational education program. State-certified life guards with first aid training are exempt.

             (ii) Occupations involving potential exposure to hazardous substances which are considered to be carcinogenic, corrosive, highly toxic, toxic sensitizers, or which have been determined to cause reproductive health effects or irreversible end organ damage. This does not include handling of such substances in sealed containers in retail situations. This subsection's prohibitions shall not apply to any consumer product or hazardous substance, as those terms are defined by the consumer product safety act (15 U.S.C. 2051 et seq.) and the federal hazardous substances act (15 U.S.C. 1261 et seq.) and those statutes' regulations, where the employer of a minor can demonstrate that a product or substance is used in the workplace in the same manner as normal consumer use, and which use results in a duration and frequency of exposure that is not greater than exposures experienced by consumers using the product or substance in conformity with the manufacturer's instructions."


             Representatives Mastin, Lisk and Brown spoke in favor of adoption of the amendment.


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


ROLL CALL


             The Clerk called the roll on adoption of the amendment on page 2, line 28, by Representative Mastin to Substitute House Bill No. 1030, and the amendment was adopted by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.

             Excused: Representatives Dellwo and Fuhrman - 2.


             With the consent of the House, amendment number 015 was withdrawn.


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


             On page 2, line 28, after "(3)" insert "(a)"


             On page 2, line 28, after "by" insert "this subsection or"


             On page 2, line 29, after "hazardous." strike "In" and insert "Except as provided in (b) of this subsection, in"


             On page 2, after line 33, insert:

             "(b) Minors may not be employed in sauna or massage parlors, body painting or tattoo studios, or adult entertainment establishments."


             Representative Mastin, Chandler, Lisk, Cody and Conway spoke in favor of adoption of the amendment.


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


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


             On page 2, beginning on line 28, after "in" strike all material through "1994." on line 33 and insert "hazardous occupations. For the purposes of this subsection, "hazardous occupations" means the standards for hazardous occupations that were in effect under this chapter on the effective date of this section."


             Representatives Patterson, Conway, Cole, Brown, Appelwick and Romero spoke in favor of adoption of the amendment.


             Representatives Foreman, Horn, Pelesky, Buck and Mielke spoke against the adoption of the amendment.


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


ROLL CALL


             The Clerk called the roll on adoption of the amendment on page 2, beginning on line 28, by Representative Patterson to Substitute House Bill No. 1030, and the amendment was not adopted by the following vote: Yeas - 28, Nays - 68, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Brown, Campbell, Chopp, Cody, Cole, Conway, Costa, Dickerson, Ebersole, Fisher, G., Fisher, R., Hatfield, Jacobsen, Mason, Ogden, Patterson, Poulsen, Quall, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 28.

             Voting nay: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 68.

             Excused: Representatives Dellwo and Fuhrman - 2.


             With the consent of the House, amendment numbers 012, 013 and 006 were withdrawn.


             The bill was ordered engrossed.


             The Speaker declared the House to be at ease.


             The Speaker called the House to order.


             Engrossed Substitute House Bill No. 1030 was referred to the Rules Committee.


             There being no objection, the Rules Committee was relieved of further consideration of Engrossed Substitute House Bill No. 1030.


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


MOTION


             On motion of Representative Foreman, the House adjourned until 9:30 a.m., Monday, January 23, 1995.


CLYDE BALLARD, Speaker

TIMOTHY A. MARTIN, Chief Clerk