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FIFTY-EIGHTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Tuesday, March 7, 1995
The House was called to order at 8:30 a.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 Matthew Murphy and Krista Holland. Prayer was offered by Reverend Rebecca Ottmar, First Presbyterian Church of Centralia.
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
March 3, 1995
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5162,
SUBSTITUTE SENATE BILL NO. 5222,
SUBSTITUTE SENATE BILL NO. 5469,
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 4405 by Representative Foreman
Calling for a joint session to recognize Medal of Merit recipients.
ESSB 5131 by Senate Committee on Ecology & Parks (originally sponsored by Senators Spanel and Sellar; by request of Interagency Committee for Outdoor Recreation)
Revising account names and accounting procedures of the IAC.
Referred to Committee on Capital Budget.
SB 5760 by Senators Kohl, McAuliffe, Wood, Drew and Prince
Eliminating the number restriction on waivers for foreign students at institutions of higher education.
Referred to Committee on Higher Education.
MOTIONS
On motion of Representative Foreman, the bills and resolution listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.
Representative Foreman moved that the rules be suspended and House Concurrent Resolution No. 4405 be advanced to second reading and read the second time in full.
HOUSE CONCURRENT RESOLUTION NO. 4405, by Representative Foreman
Calling for a joint session to recognize Medal of Merit recipients.
The resolution was read the second time.
On motion of Representative Foreman, the rules were suspended, the second reading considered the third and the resolution was placed on final passage.
Representative Foreman spoke in favor of passage of the resolution.
MOTION
On motion of Representative Brown, Representatives Grant, Patterson and Ogden were excused.
House Resolution No. 4405 was adopted.
There being no objection, the House advanced to the fifth order of business.
REPORTS OF STANDING COMMITTEES
March 6, 1995
ESB 5925 Prime Sponsor, Pelz: Modifying the determination of unemployment insurance contribution rates. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Lisk, Chairman; Hargrove, Vice Chairman; Thompson, Vice Chairman; Cairnes; Goldsmith and Horn.
MINORITY recommendation: Do not pass. Signed by Representatives Romero, Ranking Minority Member; Conway, Assistant Ranking Minority Member; Cody and Cole.
Voting Yea: Representatives Cairnes, Conway, Goldsmith, Hargrove, Horn, Lisk and Thompson.
Voting Nay: Representatives Cody, Cole, Conway and Romero.
Excused: Representative Fuhrman.
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.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1057, by Representatives Schoesler, Morris, B. Thomas, Delvin, Carlson, Hankins, Dyer, Sheldon, Casada, Chandler, L. Thomas, Fuhrman, Mulliken, Lisk, Cooke, Sheahan and Mastin
Lowering the tax rate on canola.
The bill was read the second time. There being no objection, Substitute House Bill No. 1057 was substituted for House Bill No. 1057 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1057 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Schoesler and Morris spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1057.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1057, and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, 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 - 92.
Excused: Representatives Campbell, Dyer, Grant, Ogden, Padden and Patterson - 6.
Substitute House Bill No. 1057, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1067, by Representatives Schoesler, Grant, Hankins, Delvin, Mastin and Sheldon
Reforming the property taxation of short-rotation hardwoods.
The bill was read the second time. There being no objection, Substitute House Bill No. 1067 was substituted for House Bill No. 1067 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1067 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Schoesler spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1067.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1067, and the bill passed the House by the following vote: Yeas - 90, Nays - 2, Absent - 0, Excused - 6.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wolfe and Mr. Speaker - 90.
Voting nay: Representatives Sommers and Valle - 2.
Excused: Representatives Campbell, Dyer, Grant, Ogden, Padden and Patterson - 6.
Substitute House Bill No. 1067, having received the constitutional majority, was declared passed.
There being no objection, the House reverted to the Suspension Calendar.
HOUSE BILL NO. 1280, by Representatives Sherstad, Radcliff, Ballasiotes, Blanton, Cole, Tokuda and Dickerson; by request of Department of Corrections
Revising procedures for offenders who violate conditions or requirements of sentences.
The bill was read the second time.
There being no objection, the committee recommendation be adopted and the bill be advanced to third reading.
Representative Sherstad spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1280.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1280, and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, 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 - 92.
Excused: Representatives Campbell, Dyer, Grant, Ogden, Padden and Patterson - 6.
House Bill No. 1280, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1336, by Representatives Jacobsen, Carlson, Mastin and Basich
Requiring institutions of higher education to report on precollege class enrollments.
The bill was read the second time.
There being no objection, the committee recommendation be adopted and the substitute bill be advanced to third reading.
Representatives Jacobsen and Carlson spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1336.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1336, and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, 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 - 92.
Excused: Representatives Campbell, Dyer, Grant, Ogden, Padden and Patterson - 6.
Substitute House Bill No. 1336, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1532, by Representatives Dyer, Dellwo, Ballasiotes, Cody, Cooke and Thibaudeau
Modifying certification of mental health counselors.
The bill was read the second time.
There being no objection, the committee recommendation be adopted and the bill be advanced to third reading.
Representative Backlund spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1532.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1532, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
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, Dellwo, Delvin, Dickerson, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, 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 - 93.
Excused: Representatives Dyer, Grant, Ogden, Padden and Patterson - 5.
House Bill No. 1532, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
There being no objection, the House considered the following bills in the following order: House Bill No. 1080, House Bill No. 1099, House Bill No. 1113, House Bill No. 1140, House Bill No. 1142, House Bill No. 1178, House Bill No. 1187 and House Bill No. 1203.
HOUSE BILL NO. 1099, by Representatives Scott, Appelwick, Padden, Campbell, Sherstad and Benton
Requiring HIV testing for persons arrested for being involved with prostitution.
The bill was read the second time.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick:
On page 1, beginning on line 6, strike all of section 1
Representative Appelwick spoke in favor of adoption of the amendment.
The amendment was not adopted.
Representative Robertson moved adoption of the following amendment by Representative Padden:
On page 1, line 6, after "chapter" strike "9A.88" and insert "70.24"
Representative Robertson spoke in favor of adoption of the amendment.
The amendment was adopted.
Representative Robertson moved adoption of the following amendment by Representative Padden:
On page 3, line 18, after "health" strike "after" and insert "to detect"
Representative Robertson spoke in favor of adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Robertson and Scott spoke in favor of passage of the bill.
Representatives Appelwick and Chappell spoke against the passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1099.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 1099, and the bill passed the House by the following vote: Yeas - 74, Nays - 20, Absent - 0, Excused - 4.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Conway, Costa, Crouse, Delvin, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Patterson, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Sommers, Stevens, Talcott, Thomas, L., Thompson, Valle, Van Luven and Mr. Speaker - 74.
Voting nay: Representatives Brown, Chappell, Chopp, Cody, Cole, Cooke, Dellwo, Dickerson, Fisher, R., Jacobsen, Mason, Poulsen, Regala, Rust, Smith, Thibaudeau, Thomas, B., Tokuda, Veloria and Wolfe - 20.
Excused: Representatives Dyer, Grant, Ogden and Padden - 4.
Engrossed House Bill No. 1099, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1113, by Representatives Campbell, Hargrove, Smith, Chappell, D. Schmidt, Schoesler and Ballasiotes
Revising time limits for filing initiatives petitions.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Campbell spoke in favor of passage of the bill.
Representative Rust spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1113.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1113, and the bill passed the House by the following vote: Yeas - 77, Nays - 17, Absent - 0, Excused - 4.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Chappell, Clements, Cody, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Patterson, Pelesky, Pennington, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria and Mr. Speaker - 77.
Voting nay: Representatives Appelwick, Carlson, Chopp, Cole, Dickerson, Fisher, R., Hankins, Jacobsen, Mason, Poulsen, Quall, Regala, Rust, Sommers, Thibaudeau, Valle and Wolfe - 17.
Excused: Representatives Dyer, Grant, Ogden and Padden - 4.
House Bill No. 1113, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1140, by Representatives Ballasiotes, Horn, Blanton, Costa and Honeyford
Revising procedures for using criminal history in sentencing of offenders.
The bill was read the second time. There being no objection, Substitute House Bill No. 1140 was substituted for House Bill No. 1140 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1140 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Ballasiotes spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1140.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1140, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 1, Excused - 4.
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, Dellwo, Delvin, Dickerson, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, 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 - 93.
Absent: Representative Mastin - 1.
Excused: Representatives Dyer, Grant, Ogden and Padden - 4.
Substitute House Bill No. 1140, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1142, by Representatives Lambert, Tokuda, Hymes, Carrell, Robertson, Quall, Mitchell, Smith, B. Thomas, L. Thomas, Backlund, Dyer, Thompson, Boldt, Chappell, Basich, Huff, Stevens, Sherstad, Schoesler, Casada and Padden
Prohibiting testing students regarding personal beliefs.
The bill was read the second time.
Representative Backlund moved adoption of the following amendment by Representative Backlund:
On page 1, line 7, after "may not" insert "a)"
On page 1, line 12, after "guardian of the student" insert "; or b) abridge the rights of an individual student, as protected by the 1st Amendment to the United States Constitution and Article 1, section 5 and section 11 of the Washington State Constitution, to freely express and incorporate the student's personal beliefs and practices where relevant or appropriate in any class work, home work, evaluations or tests, extracurricular or other activities under the sponsorship or auspices of the school district."
Representative Cole: Thank you Mr. Speaker. I would request a ruling on the scope and object of the amendment to House Bill No. 1142.
With the consent of the House, the House deferred further consideration of House Bill No. 1142 and the bill held's its place on the second reading calendar.
HOUSE BILL NO. 1178, by Representatives McMorris, Lisk, Mulliken, Chandler, L. Thomas, Thompson, Boldt, Mastin, Goldsmith, Stevens, Schoesler, Honeyford, Johnson, Koster, Mielke and Sheahan
Exempting persons under age twenty-one employed on the family farm from industrial insurance coverage.
The bill was read the second time. There being no objection, Substitute House Bill No. 1178 was substituted for House Bill No. 1178 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1178 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative McMorris spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1178.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1178, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 1, 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, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.
Absent: Representative Sheahan - 1.
Excused: Representatives Grant and Ogden - 2.
Substitute House Bill No. 1178, having received the constitutional majority, was declared passed.
I would have voted YEA on Substitute House Bill No. 1178.
LARRY SHEAHAN, 9th District
HOUSE BILL NO. 1187, by Representatives Reams, Fuhrman, Van Luven, Stevens, Carrell, Campbell, Thompson, Blanton, Boldt, Koster, Sheahan and Huff
Dividing the department of social and health services into five agencies.
The bill was read the second time. There being no objection, Substitute House Bill No. 1187 was substituted for House Bill No. 1187 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1187 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Reams and Dyer spoke in favor of passage of the bill.
Representative Rust spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1187.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1187, and the bill passed the House by the following vote: Yeas - 66, Nays - 29, Absent - 1, Excused - 2.
Voting yea: Representatives Backlund, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Quall, 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 - 66.
Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Hatfield, Jacobsen, Mason, Morris, Patterson, Poulsen, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 29.
Absent: Representative Ballasiotes - 1.
Excused: Representatives Grant and Ogden - 2.
Substitute House Bill No. 1187, having received the constitutional majority, was declared passed.
I would have voted YEA on Substitute House Bill No. 1187.
IDA BALLASIOTES, 41st District
HOUSE BILL NO. 1203, by Representatives Chappell and Robertson
Prohibiting impaired persons from purchasing liquor.
The bill was read the second time. There being no objection, Substitute House Bill No. 1203 was substituted for House Bill No. 1203 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1203 was read the second time.
Representative Chappell moved adoption of the following amendment by Representative Chappell:
On page 1, line 6, after "person" insert "apparently"
On page 1, after line 11, insert the following:
"(4) As used in this section and RCW 66.44.200, "apparently under the influence of liquor" may be determined by observing a combination of, but not limited to, the following conditions displayed by an individual:
(a) Being overly friendly;
(b) Bragging;
(c) Talking loudly;
(d) Sudden or unexplained mood changes;
(e) Annoying other customers;
(f) Complaining about strength of drink or slow service;
(g) Consuming drinks faster than usual; gulping drinks; ordering doubles;
(h) Arguing with employees or other customers;
(i) Using foul language;
(j) Sullen, uncommunicative except to order drinks;
(k) Buying rounds for strangers or the house;
(l) Lighting more than one cigarette at a time;
(m) Inability to light cigarette;
(n) Glassy eyes, dilated pupils, lack of focus;
(o) Loss of train of thought (stops talking in mid-sentence);
(p) Slurred speech or speaking very slowly and deliberately;
(q) Inability to pick up money or dropping money; inability to count out correct amount for drink;
(r) Spilling drink; missing mouth with glass;
(s) Head bobbing, eyelids drooping, looking sleepy; and
(t) Staggering, swaying while standing still; holding on to bar or chair."
Representatives Chappell, Robertson and Padden spoke in favor of adoption of the amendment.
Representatives Lisk, L. Thomas and Appelwick spoke against adoption of the amendment.
A division was called. The Speaker called on the House to divide. The results of the division was: YEAS-34; NAYS-62. The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Chappell spoke in favor of passage of the bill.
Representative Padden moved that the House defer further consideration of Substitute House Bill No. 1203.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
MOTION
Representative Padden moved that the House consider the following bills in the following order: House Bill No. 1080, House Bill No. 1246, House Bill No. 1248 and House Bill No. 1256.
HOUSE BILL NO. 1080, by Representatives Pennington, Chappell, McMorris, Carlson, Benton, McMahan, B. Thomas, Clements, Brumsickle, Boldt, Hatfield, Buck, Campbell, Delvin, Johnson, Sheldon, Mulliken, Kessler, Basich, Fuhrman, Morris, Huff, Honeyford, Chandler, Elliot, Schoesler and Sheahan
Establishing an exemption to the outdoor burning permit program for certain nonurban areas.
The bill was read the second time. There being no objection, Substitute House Bill No. 1080 was substituted for House Bill No. 1080 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1080 was read the second time.
Representative Basich moved adoption of the following amendment by Representative Basich:
On page 2, line 6, after "in" strike "RCW 70.94.750" and insert "section 2 of this act"
On page 2, after line 12, insert the following:
"Sec. 2. RCW 70.94.750 and 1991 c 199 s 412 are each amended to read as follows:
The following outdoor fires described in this section may be burned subject to the provisions of this chapter and also subject to city ordinances, county resolutions, rules of fire districts and laws, and rules enforced by the department of natural resources if a permit has been issued by a fire protection agency, county, or conservation district:
(1) Fires consisting of leaves, clippings, prunings and other yard and gardening refuse, and fires consisting of paper, cardboard, and other paper products originating on lands immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee.
(2) Fires consisting of residue of a natural character such as trees, stumps, shrubbery or other natural vegetation arising from land clearing projects or agricultural pursuits for pest or disease control; provided the fires described in this subsection may be prohibited in those areas having a general population density of one thousand or more persons per square mile."
Representatives Basich and Pennington spoke in favor of the adoption of the amendment.
Representative Rust spoke against the adoption of the amendment.
The amendment was adopted.
With the consent of the House, amendment number 80 to Substitute House Bill No. 1080 was withdrawn.
Representative Schoesler moved adoption of the following amendment by Representative Schoesler:
On page 2, after line 12, insert the following:
"Sec. 2. RCW 70.94.141 and 1991 c 199 s 706 are each amended to read as follows:
The board of any activated authority in addition to any other powers vested in them by law, shall have power to:
(1) Adopt, amend, and repeal its own rules and regulations, implementing this chapter and consistent with, and with regard to agricultural burning no more stringent than it, after consideration at a public hearing held in accordance with chapter 42.30 RCW. Rules and regulations shall also be adopted in accordance with the notice and adoption procedures set forth in RCW 34.05.320, those provisions of RCW 34.05.325 that are not in conflict with chapter 42.30 RCW, and with the procedures of RCW 34.05.340, 34.05.355 through 34.05.380, and with chapter 34.08 RCW, except that rules shall not be published in the Washington Administrative Code. Judicial review of rules adopted by an authority shall be in accordance with Part V of chapter 34.05 RCW. An air pollution control authority shall not be deemed to be a state agency.
(2) Hold hearings relating to any aspect of or matter in the administration of this chapter not prohibited by the provisions of chapter 62, Laws of 1970 ex. sess. and in connection therewith issue subpoenas to compel the attendance of witnesses and the production of evidence, administer oaths, and take the testimony of any person under oath.
(3) Issue such orders as may be necessary to effectuate the purposes of this chapter and enforce the same by all appropriate administrative and judicial proceedings subject to the rights of appeal as provided in chapter 62, Laws of 1970 ex. sess.
(4) Require access to records, books, files, and other information specific to the control, recovery, or release of air contaminants into the atmosphere.
(5) Secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwise.
(6) Prepare and develop a comprehensive plan or plans for the prevention, abatement, and control of air pollution within its jurisdiction.
(7) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this chapter.
(8) Encourage and conduct studies, investigation, and research relating to air pollution and its causes, effects, prevention, abatement, and control.
(9) Collect and disseminate information and conduct educational and training programs relating to air pollution.
(10) Advise, consult, cooperate, and contract with agencies and departments and the educational institutions of the state, other political subdivisions, industries, other states, interstate or interlocal agencies, and the United States government, and with interested persons or groups.
(11) Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source or device or system for the control thereof, concerning the efficacy of such device or system, or the air pollution problems which may be related to the source, device, or system. Nothing in any such consultation shall be construed to relieve any person from compliance with this chapter, ordinances, resolutions, rules, and regulations in force pursuant thereto, or any other provision of law.
(12) Accept, receive, disburse, and administer grants or other funds or gifts from any source, including public and private agencies and the United States government for the purpose of carrying out any of the functions of this chapter."
On page 1, line 2 of the title, after "RCW 70.94.745" insert "and 70.94.141"
Representatives Schoesler and Pennington spoke in favor of the adoption of the amendment.
Representative Mastin spoke against the adoption of the amendment.
The amendment was adopted.
Representative Pennington moved adoption of the following amendment by Representative Pennington:
On page 2, after line 12, insert the following:
"(5) The permit program may be limited to a general permit by rule or by verbal, written, or electronic approval by the permitting entity.
(6) Nothing in this section shall require fire districts to enforce air quality requirements related to outdoor burning, unless the fire district enters into an agreement with the department of ecology, the department of natural resources, a local air pollution control authority, or other appropriate entity to provide such enforcement."
Representative Pennington spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Honeyford moved adoption of the following amendment by Representative Honeyford and others:
On page 2, after line 12, insert the following:
"(5) The burning of orchard prunings and irrigation ditches shall be considered outdoor burning for the purposes of this section and RCW 70.94.750.
Representative Rust: Thank you Mr. Speaker. I would request a ruling on the scope and object of amendment number 79 to Substitute House Bill No. 1080.
There being no objection, the House deferred further consideration of Substitute House Bill No. 1080 and the bill held its place on the second reading calendar.
There being no objection, the House advanced to House Bill No. 1248 on the second reading calendar.
HOUSE BILL NO. 1248, by Representatives Van Luven, G. Fisher, Boldt, Carrell, Campbell, Mason, Ebersole, B. Thomas, Cairnes, Radcliff, Cooke, Chandler, Mielke, Ballasiotes, Robertson, Mitchell, Schoesler, Appelwick, Sheldon, Costa, Morris, Basich and Conway
Providing tax deferrals for a new thoroughbred race track facility.
The bill was read the second time. There being no objection, Substitute House Bill No. 1248 was substituted for House Bill No. 1248 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1248 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Van Luven, Sheldon, Robertson and Clements spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1248.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1248, and the bill passed the House by the following vote: Yeas - 92, Nays - 2, Absent - 2, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 92.
Voting nay: Representatives Beeksma and Thomas, B. - 2.
Absent: Representatives Mason and Silver - 2.
Excused: Representatives Grant and Ogden - 2.
Substitute House Bill No. 1248, having received the constitutional majority, was declared passed.
I would have voted YEA on Substitute House Bill No. 1248.
DAWN MASON, 37th District
I was unable to vote on final passage of Substitute House Bill No. 1248. Had I been able to vote, I would have voted YEA.
I meant to vote NAY on Substitute House Bill No. 1248.
HOUSE BILL NO. 1256, by Representatives Schoesler, Sheldon, Thompson, Johnson, Clements, Hickel, Huff, Boldt, Sheahan and Basich
Preempting the field of landlord-tenant regulation.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Schoesler and Cairnes spoke in favor of passage of the bill.
Representatives Chopp and Mitchell spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1256.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1256, and the bill passed the House by the following vote: Yeas - 64, Nays - 32, Absent - 0, Excused - 2.
Voting yea: Representatives Backlund, Basich, Beeksma, Benton, Blanton, Boldt, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Jacobsen, Johnson, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Morris, Mulliken, Padden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 64.
Voting nay: Representatives Appelwick, Ballasiotes, Brown, Brumsickle, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, R., Hatfield, Hymes, Kessler, Mason, Mastin, Mitchell, Patterson, Regala, Romero, Rust, Scott, Sommers, Talcott, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 32.
Excused: Representatives Grant and Ogden - 2.
House Bill No. 1256, having received the constitutional majority, was declared passed.
I intended to vote YEA on House Bill No. 1256.
GIGI TALCOTT, 28th District
HOUSE BILL NO. 1272, by Representatives Chandler, Mastin, Blanton, Johnson, Kremen, Sherstad, Elliot and Backlund
Recovering gasoline vapors.
The bill was read the second time. There being no objection, Substitute House Bill No. 1272 was substituted for House Bill No. 1272 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1272 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Chandler and Mastin spoke in favor of passage of the bill.
Representative Rust spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1272.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1272, and the bill passed the House by the following vote: Yeas - 82, Nays - 14, Absent - 0, Excused - 2.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Conway, Cooke, Costa, Crouse, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Veloria and Mr. Speaker - 82.
Voting nay: Representatives Appelwick, Chopp, Cole, Dellwo, Fisher, R., Jacobsen, Mason, Patterson, Romero, Rust, Thibaudeau, Tokuda, Valle and Wolfe - 14.
Excused: Representatives Grant and Ogden - 2.
Substitute House Bill No. 1272, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1282, by Representatives Fuhrman, Mastin, Buck, Goldsmith, Koster, Padden, Mulliken, Lambert, Crouse, Thompson, Basich, Hargrove, Sheldon, McMahan, Pelesky, Sheahan, Boldt and Elliot
Authorizing landowners to kill coyotes and Columbian ground squirrels.
The bill was read the second time.
Representative G. Fisher moved adoption of the following amendment by Representative G. Fisher:
On page 1, line 6, after "livestock" insert ", that crows' constant cawing causes distress among livestock, reducing the animals' growth and production capabilities,"
On page 1, line 10, after "coyotes" insert ", crows,"
On page 1, line 15, after "(Canis latrans)" insert ", crows (birds of the family Corvidae),"
Representative G. Fisher spoke in favor of the adoption of the amendment.
Representative Fuhrman spoke against the adoption of the amendment.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Fuhrman yielded to a question by Representative Jacobsen.
Representative Jacobsen: I'd be curious if you could name an incident where somebody's been arrested so I could understand it better before I vote on this bill.
Representative Fuhrman: Carl Kieser, Kettle Falls, Washington.
Representative Fuhrman spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1282.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1282, and the bill passed the House by the following vote: Yeas - 79, Nays - 17, 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, Clements, Cody, Conway, Cooke, Costa, Crouse, Delvin, Dickerson, Ebersole, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven and Mr. Speaker - 79.
Voting nay: Representatives Chopp, Cole, Dellwo, Dyer, Fisher, G., Fisher, R., Jacobsen, Kessler, Mason, Patterson, Regala, Romero, Rust, Thibaudeau, Valle, Veloria and Wolfe - 17.
Excused: Representatives Grant and Ogden - 2.
House Bill No. 1282, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1323, by Representatives Cairnes, Hargrove and Sherstad
Exempting new construction from seller's disclosure requirements.
The bill was read the second time. Committee on Trade & Economic Development recommendation: Majority, do pass as amended. (For committee amendment see Journal, 36th Day, February 13, 1995.)
There being no objection, the committee amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Cairnes spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1323.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 1323, and the bill passed the House by the following vote: Yeas - 86, Nays - 10, 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, Conway, Cooke, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wolfe and Mr. Speaker - 86.
Voting nay: Representatives Cody, Cole, Costa, Fisher, R., Rust, Scott, Thibaudeau, Tokuda, Valle and Veloria - 10.
Excused: Representatives Grant and Ogden - 2.
Engrossed House Bill No. 1323, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1349, by Representatives Lisk, Chandler and Veloria; by request of Joint Task Force on Unemployment Insurance
Affecting noncharging of benefits to employers' unemployment insurance experience rating accounts.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lisk and Conway spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1349.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1349, and the bill passed the House 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, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, 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 Grant and Ogden - 2.
House Bill No. 1349, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1350, by Representatives Lisk, Chandler and Veloria; by request of Joint Task Force on Unemployment Insurance
Authorizing voluntary contributions for unemployment insurance.
The bill was read the second time. There being no objection, Substitute House Bill No. 1350 was substituted for House Bill No. 1350 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1350 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lisk, Romero and Conway spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1350.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1350, and the bill passed the House 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, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, 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 Grant and Ogden - 2.
Substitute House Bill No. 1350, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1456, by Representatives Dyer, Regala, D. Schmidt, Huff, Mielke, Johnson and Backlund; by request of Governor Lowry
Allowing persons at least sixteen years of age to make anatomical gifts if a parent or guardian signs the document of gift.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Dyer and Regala spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1456.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1456, and the bill passed the House 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, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, 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 Grant and Ogden - 2.
House Bill No. 1456, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1512, by Representatives Romero, Chandler, Patterson, Quall, Tokuda, D. Schmidt, Skinner, Chopp, Elliot, Johnson, Ogden, Scott, Blanton, Brown, Hatfield, R. Fisher, Basich, Sheldon, Appelwick, Dellwo, Wolfe, Rust, Regala, Chappell, Kremen, Dickerson, Kessler, Costa, Poulsen and Cody
Expanding the adopt-a-highway program.
The bill was read the second time. There being no objection, Substitute House Bill No. 1512 was substituted for House Bill No. 1512 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1512 was read the second time.
Representative McMahan moved adoption of the following amendment by Representative McMahan:
On page 2, line 34, after "age" insert ", unless accompanied by a parent or legal guardian"
Representatives McMahan, Romero and Smith spoke in favor of the adoption of the amendment.
Representative K. Schmidt spoke against the adoption of the amendment.
A division was called. The Speaker called on the House to divide. The result of the division was: YEAS-31; NAYS-64. The amendment was not adopted.
Representative Romero moved adoption of the following amendment by Representative Romero:
On page 3, line 19, after "all" insert "employer"
Representative Romero spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Romero spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1512.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1512, and the bill passed the House 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, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, 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 Grant and Ogden - 2.
Engrossed Substitute House Bill No. 1512, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1548, by Representatives L. Thomas, Dellwo, Goldsmith, Rust, Wolfe, B. Thomas, Backlund, Kessler, Kremen, Robertson, Thompson, Huff, Elliot, McMorris, D. Schmidt, McMahan, Hickel, Schoesler, Clements, Cooke and Brumsickle; by request of State Treasurer
Auditing the state investment board.
The bill was read the second time. There being no objection, Substitute House Bill No. 1548 was substituted for House Bill No. 1548 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1548 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative B. Thomas spoke in favor of passage of the bill.
There being no objection, the House deferred further consideration of Substitute House Bill No. 1548 and the bill held its place on the second reading calendar.
HOUSE BILL NO. 1573, by Representatives L. Thomas, Mielke, Blanton, Wolfe, Rust, Horn and Dellwo
Providing for heating oil liability protection.
The bill was read the second time. There being no objection, Substitute House Bill No. 1573 was substituted for House Bill No. 1573 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1573 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives L. Thomas and Wolfe spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1573.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1573, and the bill passed the House by the following vote: Yeas - 87, Nays - 10, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Goldsmith, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Sommers, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 87.
Voting nay: Representatives Casada, Fuhrman, Hargrove, Koster, McMorris, Padden, Pennington, Robertson, Sherstad and Stevens - 10.
Excused: Representative Grant - 1.
Substitute House Bill No. 1573, having received the constitutional majority, was declared passed.
There being no objection, the House resumed consideration of Substitute House Bill No. 1548.
Representative L. Thomas yielded to a question by Representative Ogden.
Representative Ogden: Is it the intent of House Bill No. 1548 to preclude the Legislative budget committee from conducting it's own independent performance audit of the State Investment Board at such times as the committee determines that such audits are warranted.
Representative L. Thomas: No.
Representatives Ogden and Wolfe spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1548.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1548, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
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, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 - 97.
Excused: Representative Grant - 1.
Substitute House Bill No. 1548, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
MOTION
Representative Padden moved that the House consider the following bills in the following order: House Bill No. 1246, House Bill No. 1619 and House Bill No. 1702, then continue down the second reading calendar.
HOUSE BILL NO. 1246, by Representatives Kremen, Goldsmith, Mastin, Kessler, Van Luven, Dyer, Sheldon, Hymes, Quall, Basich, Morris, Chandler, Backlund, Talcott and Sheahan
Regulating private school buses.
The bill was read the second time. There being no objection, Substitute House Bill No. 1246 was substituted for House Bill No. 1246 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1246 was read the second time.
Representative McMahan moved adoption of the following amendment by Representative McMahan:
On page 2, beginning on line 12, strike New Section 3.
Representative McMahan spoke in favor of the adoption of the amendment.
Representatives Kremen and Honeyford spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Brown moved adoption of the following amendment by Representative Brown:
On page 2, following line 20, insert:
"NEW SECTION. Sec. 4. A new section is added to chapter 46.37 RCW to read as follows:
After January 1, 1996, a private carrier bus purchased for the purpose of transporting children to and from a private school or in connection with school activities, must meet the requirements of the most recent edition of "Specifications for Buses" published by the superintendent of public instruction."
Representative Brown spoke in favor of the adoption of the amendment.
Representatives Kremen, K. Schmidt and Honeyford spoke against the adoption of the amendment.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Kremen spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1246.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1246, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.
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, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, 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.
Voting nay: Representative McMahan - 1.
Excused: Representative Grant - 1.
Substitute House Bill No. 1246, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1619, by Representative Appelwick
Revising child support provision for day care expenses.
The bill was read the second time.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick:
Beginning on page 1, line 19, after "obligation." strike all material through "overpayment." on page 2, line 4, and insert "If an obligor pays for day care or special child rearing expenses that are not actually incurred, the obligee must reimburse the obligor for the overpayment. The reimbursement may be in the form of a credit against future support payments upon agreement of both parties or pursuant to a court or administrative order. Absent agreement of the obligee, nothing in this section entitles an obligor to pay more than his or her proportionate share of day care or other special child rearing expenses in advance and then deduct the overpayment from future support transfer payments."
Representatives Appelwick and Padden spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Appelwick and Padden spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1619.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 1619, and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 - 94.
Voting nay: Representatives Brown and Cole - 2.
Excused: Representatives Blanton and Grant - 2.
Engrossed House Bill No. 1619, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1702, by Representatives Horn, Romero, Cole, Carlson, Cody, Cooke, Rust, Poulsen, Veloria, Mitchell, Reams, Jacobsen, Fuhrman and Costa
Regulating wheelchair warranties.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Horn spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1702.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1702, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
House Bill No. 1702, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1710, by Representatives Sheahan, Appelwick, Padden and McMahan
Changing provisions relating to dissolution of marriage.
The bill was read the second time.
Representative Lambert moved adoption of the following amendment by Representative Lambert:
On page 4, after line 33, insert the following section:
"Sec. 6. RCW 26.12.172 and 1994 c 267 s 5 are each amended to read as follows:
Any court rules adopted for the implementation of parenting seminars shall include the following provisions:
(1) In no case shall opposing parties be required to attend seminars together;
(2) Upon a showing of domestic violence or abuse which would not require mutual decision making pursuant to RCW 26.09.191((, or that a parent's attendance at the seminar is not in the children's best interests)), the court shall ((either:
(a) Waive the requirement of completion of the seminar; or
(b) ))provide an alternative((, voluntary)) parenting seminar for battered spouses and for the batterers((; and)).
(3) The court may waive the seminar for good cause or upon a showing that a parent's attendance at the seminar is not in the children's best interests."
Representatives Lambert and Sheahan spoke in favor of the adoption of the amendment.
Representative Romero spoke against the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Sheahan and Padden spoke in favor of passage of the bill.
Representative Mason spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1710.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 1710, and the bill passed the House by the following vote: Yeas - 79, Nays - 16, Absent - 1, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chopp, Clements, Cody, Conway, Costa, Crouse, Dellwo, Delvin, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Reams, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, L., Thompson, Van Luven, Veloria, Wolfe and Mr. Speaker - 79.
Voting nay: Representatives Ballasiotes, Brown, Chappell, Cole, Cooke, Dickerson, Hymes, Mason, Mastin, Mitchell, Quall, Radcliff, Regala, Sherstad, Thomas, B. and Tokuda - 16.
Absent: Representative Valle - 1.
Excused: Representatives Blanton and Grant - 2.
Engrossed House Bill No. 1710, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1711, by Representatives Padden, Backlund and McMahan
Providing for written marriage contracts.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Padden and Carrell spoke in favor of passage of the bill.
Representatives Appelwick, Kessler, Quall and Mason spoke against passage of the bill.
Representative Padden again spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1711.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1711, and the bill failed to pass the House by the following vote: Yeas - 41, Nays - 54, Absent - 1, Excused - 2.
Voting yea: Representatives Backlund, Beeksma, Benton, Boldt, Buck, Campbell, Carrell, Casada, Chandler, Crouse, Delvin, Dyer, Foreman, Fuhrman, Goldsmith, Hargrove, Honeyford, Horn, Huff, Johnson, Koster, Lambert, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Robertson, Schmidt, D., Schoesler, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Thomas, B., Thomas, L., Van Luven and Mr. Speaker - 41.
Voting nay: Representatives Appelwick, Ballasiotes, Basich, Brown, Brumsickle, Cairnes, Carlson, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Ebersole, Elliot, Fisher, G., Fisher, R., Hankins, Hatfield, Hickel, Hymes, Jacobsen, Kessler, Kremen, Lisk, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Rust, Schmidt, K., Scott, Sehlin, Sheldon, Sommers, Thibaudeau, Thompson, Tokuda, Valle, Veloria and Wolfe - 54.
Absent: Representative Talcott - 1.
Excused: Representatives Blanton and Grant - 2.
House Bill No. 1711, not having received the constitutional majority, was declared failed.
HOUSE BILL NO. 1009, by Representatives Chandler, Skinner, Kremen, Delvin, Schoesler, Mastin, Chappell, Grant, Foreman, D. Schmidt, Boldt, Clements and Stevens
Establishing a commission on pesticide registration.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 1009 was substituted for House Bill No. 1009 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 1009 was read the second time.
Representative Chandler moved adoption of the following amendment by Representative Chandler:
On page 1, line 9, after "University" strike "to represent" and insert "and approved by the governor from"
On page 2, line 6, after "industry." insert "Although members are appointed from various segments of the agricultural industry, they are appointed to represent and advance the interests of the industry as a whole."
Representatives Chandler and Mastin spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Chandler moved adoption of the following amendment by Representative Chandler:
On page 2, line 21, after "term." insert "The dean may remove any member of the commission for malfeasance or misfeasance in office or for having at least five unexcused absences during the person's term of office which constitute twenty percent or more of the meetings that have been conducted by the commission during the term. A person's absence from a meeting may be excused: By the chair of the commission if a written request to do so is received by the chair before the meeting from which the member is to be absent; or by a majority vote of the members of the commission at the meeting during which the member is absent."
Representative Chandler spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Chandler and Mastin spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1009.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1009, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
Engrossed Second Substitute House Bill No. 1009, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1021, by Representatives Delvin, Hickel, Robertson, Smith, Padden, Sherstad, Dyer, Skinner, Kremen, Hargrove, Horn, Schoesler, Buck, Johnson, Thompson, Beeksma, Goldsmith, Radcliff, Chandler, Backlund, Crouse, Cairnes, Elliot, Reams, Pennington, Mastin, Carrell, K. Schmidt, Chappell, Basich, Grant, Sehlin, Honeyford, Van Luven, Ballasiotes, Pelesky, Blanton, Hankins, Lambert, D. Schmidt, Mulliken, McMorris, Clements, Campbell, L. Thomas, Huff, Mielke, Talcott, McMahan, Stevens and Casada
Granting to adult court jurisdiction over juveniles who use a firearm while committing a violent offense.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 1021 was substituted for House Bill No. 1021 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 1021 was read the second time.
Representative Campbell moved adoption of the following amendment by Representative Campbell:
On page 2, line 24, after "juvenile is" strike everything through "offense" on line 26 and insert the following: "fourteen years of age or older, the alleged offense is a violent offense as defined in RCW 9.94A.030, and during the commission of the offense the juvenile was armed with a firearm that the juvenile illegally possessed in violation of RCW 9.41.040"
On page 3, beginning on line 34, strike section 2
Representatives Campbell, Carrell and Smith spoke in favor of the adoption of the amendment.
Representatives Appelwick, Hickel, Morris, Ballasiotes and Mastin spoke against the adoption of the amendment.
Representative Campbell again spoke in favor of adoption of the amendment and Representative Appelwick again spoke against adoption of the amendment.
The amendment was not adopted.
Representative Sheahan moved adoption of the following amendment by Representative Sheahan:
On page 2, beginning on line 25 after "and" strike everything through "offense" on line 26 and insert "during the commission of the offense the juvenile was armed with a firearm that the juvenile illegally possessed in violation of RCW 9.41.040"
On page 4, beginning on line 13, after "RCW 9.94A.030" strike everything through "offense" on line 14 and insert "and during the commission of the offense the respondent was armed with a firearm that the respondent illegally possessed in violation of RCW 9.41.040."
Representative Sheahan spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Delvin, Padden, Clements, Morris and Carrell spoke in favor of passage of the bill.
Representatives Dickerson, Appelwick, Cody, Tokuda and Mason spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1021.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1021, and the bill passed the House by the following vote: Yeas - 79, Nays - 16, Absent - 1, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 79.
Voting nay: Representatives Chopp, Cody, Cole, Dickerson, Fisher, R., Mason, Ogden, Regala, Romero, Rust, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 16.
Absent: Representative Beeksma - 1.
Excused: Representatives Blanton and Grant - 2.
Engrossed Second Substitute House Bill No. 1021, having received the constitutional majority, was declared passed.
I would have voted YEA on Engrossed Second Substitute House Bill No. 1021.
BARNEY BEEKSMA, 10th District
There being no objection, the House deferred consideration of House Bill No. 1024 and the bill held it's place on the second reading calendar.
HOUSE BILL NO. 1035, by Representatives Thibaudeau, Morris, Scott, Tokuda, Costa, Mason, Brown, Ogden, Basich, Wolfe, Patterson and Chopp
Requiring the attorney general to convene a death investigation if a death occurs in a residential facility operated or under the control of the department of social and health services.
The bill was read the second time. There being no objection, Substitute House Bill No. 1035 was substituted for House Bill No. 1035 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1035 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Thibaudeau spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1035.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1035, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
Substitute House Bill No. 1035, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1059, by Representatives Lisk and Sheldon; by request of Liquor Control Board
Improving the enforcement provisions of the Washington state liquor act.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Lisk spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1059.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1059, and the bill passed the House by the following vote: Yeas - 93, Nays - 3, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, 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, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 93.
Voting nay: Representatives Fuhrman, McMahan and Smith - 3.
Excused: Representatives Blanton and Grant - 2.
House Bill No. 1059, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1129, by Representatives Schoesler, Brown, Mulliken, Sheahan, Robertson, Buck, Dyer, Delvin, Skinner, Cooke, McMorris, Talcott, Fuhrman, Brumsickle, Sheldon, Campbell, Boldt, Elliot, Koster, Chandler, Van Luven, K. Schmidt, L. Thomas, Casada, Carlson, Backlund, Basich, Huff, Mitchell, Kremen and Benton
Modifying tax exemptions for nonprofit organizations.
The bill was read the second time. There being no objection, Substitute House Bill No. 1129 was substituted for House Bill No. 1129 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1129 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Schoesler and Morris spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1129.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1129, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
Substitute House Bill No. 1129, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1136, by Representatives Ballasiotes, Kessler, Campbell, Costa, Padden, Delvin, Hargrove, Basich, Tokuda, Lisk, Dyer, Mastin, Schoesler, Blanton, Sheldon, Lambert, L. Thomas, Backlund, Van Luven, Benton, Buck, Crouse, Chappell, Wolfe, Huff, Mitchell, Hickel, Thompson, Foreman, Sherstad, Chandler, Clements, Patterson, Mulliken, Honeyford, Cooke, Johnson, D. Schmidt, Pennington, Hymes, Kremen, Carrell, Mielke and Sheahan
Requiring twenty-five percent of inmate welfare accounts to be used for victims' compensation.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Ballasiotes spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1136.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1136, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
House Bill No. 1136, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1163, by Representatives Kremen, Goldsmith, Kessler, McMorris, Campbell, Basich, Thompson, Foreman, McMahan, Buck, Cooke, Mielke and Sheahan
Providing a tax exemption for property used by nonprofit organizations for camping and recreational purposes.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Kremen spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1163.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1163, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
House Bill No. 1163, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1213, by Representatives Brumsickle, Grant, Cody, Basich and McMahan
Revising provisions relating to liability in training of emergency service medical personnel.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Brumsickle spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1213.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1213, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
House Bill No. 1213, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1223, by Representatives Brumsickle, Cole, B. Thomas, Silver and Carlson; by request of Board of Education and Superintendent of Public Instruction
Changing state board of education staff provisions.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Brumsickle and Cole spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1223.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1223, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
House Bill No. 1223, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1226, by Representatives Buck, Basich, Fuhrman and Kessler; by request of Department of Fish and Wildlife
Authorizing shellfish to be taken under a salmon charter license.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Buck spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1226.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1226, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
House Bill No. 1226, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1228, by Representatives L. Thomas, Basich and Fuhrman; by request of Department of Fish and Wildlife
Authorizing the director of fish and wildlife to administer game fish catch record cards.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives L. Thomas and Basich spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1228.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1228, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
House Bill No. 1228, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1230, by Representatives Brumsickle, Cole, Silver and Scott; by request of Board of Education
Changing teacher preparation provisions.
The bill was read the second time. There being no objection, Substitute House Bill No. 1230 was substituted for House Bill No. 1230 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1230 was read the second time.
There being no objection, amendment number 114 to Substitute House Bill No. 1230 was withdrawn.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Brumsickle and Cole spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1230.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1230, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
Substitute House Bill No. 1230, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1233, by Representatives L. Thomas, R. Fisher and Wolfe; by request of Secretary of State
Avoiding conflicts of interest on election canvassing boards.
The bill was read the second time. There being no objection, Substitute House Bill No. 1233 was substituted for House Bill No. 1233 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1233 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives L. Thomas and Rust spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1233.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1233, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
Substitute House Bill No. 1233, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 1247 and the bill held it's place on the second reading calendar.
HOUSE BILL NO. 1250, by Representatives Cole, Cody, Conway, Basich, Scott, Costa and Chopp
Providing for prompt payment of industrial insurance awards.
The bill was read the second time. There being no objection, Substitute House Bill No. 1250 was substituted for House Bill No. 1250 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1250 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Cole spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1250.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1250, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
Substitute House Bill No. 1250, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1275, by Representatives McMorris, Morris, Kessler, Buck, Foreman and Basich
Extending existing employer workers' compensation group self-insurance.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McMorris, Sheldon, Dyer, Smith and Hargrove spoke in favor of passage of the bill.
Representatives Romero and Conway spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1275.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1275, and the bill passed the House by the following vote: Yeas - 69, Nays - 27, Absent - 0, Excused - 2.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, 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 - 69.
Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Mason, Mastin, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 27.
Excused: Representatives Blanton and Grant - 2.
House Bill No. 1275, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1289, by Representatives Ballasiotes, Costa, Sheahan, Van Luven, Lambert, Mason, Mielke, Reams, Delvin, Foreman and Scott
Specifying the duties of an operator of a vessel involved in an accident.
The bill was read the second time. There being no objection, Substitute House Bill No. 1289 was substituted for House Bill No. 1289 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1289 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Ballasiotes and Costa spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1289.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1289, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
Substitute House Bill No. 1289, having received the constitutional majority, was declared passed.
With the consent of the House, all bills passed the House today will be transmitted to the Senate.
The Speaker declared the House to be at ease.
The Speaker (Representative Horn presiding) called the House to order.
There being no objection, the House considered the following bills in the following order from the Suspension Calendar: House Bill No. 1712, House Bill No. 1776 and House Bill No. 1792.
HOUSE BILL NO. 1712, by Representatives Lambert, Cooke, Padden, Crouse, Hargrove and Elliot
Prescribing procedures for pretrial release.
The bill was read the second time.
There being no objection the committee recommendation be adopted and the bill be advanced to third reading.
Representative Lambert spoke in favor of passage of the bill.
MOTION
On motion of Representative Talcott, Representative Skinner was excused.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 1712.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1712, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria and Wolfe - 93.
Excused: Representatives Blanton, Grant, Schmidt, D., Skinner and Mr. Speaker - 5.
House Bill No. 1712, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1776, by Representatives Benton and L. Thomas; by request of State Treasurer
Extending authority to enter into payment agreements.
The bill was read the second time.
There be no objection the committee recommendation was adopted and the substitute bill was advanced to third reading.
Representative Benton spoke in favor of passage of the bill.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1776.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1776, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.
Excused: Representatives Blanton, Grant, Schmidt, D. and Skinner - 4.
Substitute House Bill No. 1776, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1792, by Representatives Padden, Carrell, Beeksma, McMahan, Costa, Stevens, Blanton and Thompson
Prescribing procedures for release of offenders.
The bill was read the second time.
There being no objection the committee recommendation be adopted and the bill be advanced to third reading.
Representative Padden spoke in favor of passage of the bill.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 1792.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1792, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.
Excused: Representatives Blanton, Grant, Schmidt, D. and Skinner - 4.
House Bill No. 1792, having received the constitutional majority, was declared passed.
I would have voted YEA on House Bill No. 1792.
MARY SKINNER, 14th District
The Speaker (Representative Horn presiding) declared the House to be at ease.
The Speaker called the House to order.
There being no objection, the House reverted to Substitute House Bill No. 1080.
Representative Rust, The Speaker is prepared to Rule on your Point of Order which challenges Amendment 79 to Substitute House Bill No. 1080 as being beyond the Scope and Object of the bill.
The title of Substitute House Bill No. 1080 is "AN ACT Relating to exempting certain nonurban areas from outdoor burning permit requirements"
The title is relatively narrow. The bill amended RCW 70.94.745.
Amendment 79 would add a subsection to the bill declaring that the burning of orchard prunings and irrigation ditches shall be considered outdoor burning and thus exempt.
If amendment 79 had been the first amendment considered then it might very well be viewed as being outside the scope and object of the bill presented to you.
Prior to the motion to adopt 79 the House had previously adopted three other amendments, including amendments 72 and 125. The earlier amendments expanded the object of the bill so as to include the materials which may be burned. When ruling on scope and object the Speaker will look to the bill as it exists at the time the objection is raised.
Representative Rust, Your Point of Order is not well taken.
Representatives Honeyford and Mastin spoke in favor of the adoption of the amendment.
Representative Mastin again spoke in favor of the adoption of the amendment.
Representative Rust spoke against the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Pennington and Chandler spoke in favor of passage of the bill.
Representative Rust spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1080.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1080, and the bill passed the House by the following vote: Yeas - 76, Nays - 18, Absent - 1, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Cooke, Costa, Crouse, Delvin, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Veloria and Mr. Speaker - 76.
Voting nay: Representatives Brown, Chopp, Cole, Conway, Dellwo, Dickerson, Fisher, R., Mason, Ogden, Patterson, Regala, Romero, Rust, Sommers, Thibaudeau, Tokuda, Valle and Wolfe - 18.
Absent: Representative Horn - 1.
Excused: Representatives Blanton, Grant and Schmidt, D. - 3.
Engrossed Substitute House Bill No. 1080, having received the constitutional majority, was declared passed.
I voted YEA on Substitute House Bill No. 1080 but my button failed to register. Apparently I was still set to the podium where I had just finished presiding.
JIM HORN, 41st District
There being no objection, the House reverted to House Bill No. 1142.
Representative Cole; The Speaker is prepared to Rule on your Point of Order which challenges Amendment 89 to House Bill No. 1142 as being beyond the Scope and Object of the bill.
The title of House Bill No. 1142 is "AN ACT Relating to the questioning of students regarding personal beliefs and practices."
The title is relatively narrow in that it relates only to the questioning of students regarding their personal beliefs and practices. The bill adds a new section to chapter 28A.600 RCW.
Amendment 89 would add to House Bill No. 1142 a subsection providing that the rights of students to freely express and incorporate their beliefs into practice must not be unduly restricted.
The underlying bill is a restriction on what questions can be asked of students without parental consent, the amendment addresses the ability of students to exercise constitutional rights.
The Speaker find's that amendment 89 would expand the scope and object of the underlying House Bill No. 1142 and is therefor beyond the scope and object of the bill.
Representative Cole, Your Point of Order is well taken.
There being no objection, the rules were suspended, the second reading considered the third and the bill be placed on final passage.
Representatives Lambert, Johnson, Benton, Smith, G. Fisher, Backlund and Padden spoke in favor of passage of the bill.
Representatives Cole, Rust and Tokuda spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1142.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1142, and the bill passed the House by the following vote: Yeas - 81, Nays - 14, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Conway, Cooke, Costa, Crouse, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, 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, Robertson, Romero, Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 81.
Voting nay: Representatives Brown, Cody, Cole, Dellwo, Fisher, R., Hatfield, Regala, Rust, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 14.
Excused: Representatives Blanton, Grant and Schmidt, D. - 3.
House Bill No. 1142, having received the constitutional majority, was declared passed.
There being no objection, the House immediately considered House Bill No. 1574.
HOUSE BILL NO. 1574, by Representatives Elliot, Sheldon, Fuhrman, Valle, McMorris, Schoesler and Radcliff
Clarifying the existing authority of the department of ecology and the department of natural resources to require performance security for metals mining and milling operations.
The bill was read the second time. There being no objection, Substitute House Bill No. 1574 was substituted for House Bill No. 1574 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1574 was read the second time.
With the consent of the House, amendment number 90 to Substitute House Bill No. 1574 was withdrawn.
Representative Elliot moved adoption of the following amendment by Representative Elliot:
On page 4, after line 22, strike all of section 3 and insert the following:
"Sec. 3. RCW 78.44.087 and 1994 c 232 s 23 are each amended to read as follows:
(1) The department shall not issue a reclamation permit until the applicant has deposited with the department an acceptable performance security on forms prescribed and furnished by the department. A public or governmental agency shall not be required to post performance security nor shall a permit holder be required to post surface mining performance security with more than one state or local agency, except as provided in subsection (9) of this section.
(2) This performance security may be:
(((1))) (a) Bank letters of credit acceptable to the department;
(((2))) (b) A cash deposit;
(((3))) (c) Negotiable securities acceptable to the department;
(((4))) (d) An assignment of a savings account;
(((5))) (e) A savings certificate in a Washington bank on an assignment form prescribed by the department;
(((6))) (f) Assignments of interests in real property within the state of Washington; or
(((7))) (g) A corporate surety bond executed in favor of the department by a corporation authorized to do business in the state of Washington under Title 48 RCW and authorized by the department.
(3) The performance security shall be conditioned upon the faithful performance of the requirements set forth in this chapter and of the rules adopted under it.
(4) The department shall have the authority to determine the amount of the performance security using a standardized performance security formula developed by the department. The amount of the security shall be determined by the department and based on the estimated costs of completing reclamation according to the approved reclamation plan or minimum standards and related administrative overhead for the area to be surface mined during (a) the next twelve-month period, (b) the following twenty-four months, and (c) any previously disturbed areas on which the reclamation has not been satisfactorily completed and approved.
(5) The department may increase or decrease the amount of the performance security at any time to compensate for a change in the disturbed area, the depth of excavation, a modification of the reclamation plan, or any other alteration in the conditions of the mine that affects the cost of reclamation. The department may, for any reason, refuse any performance security not deemed adequate.
(6) Liability under the performance security shall be maintained until reclamation is completed according to the approved reclamation plan to the satisfaction of the department unless released as hereinafter provided. Liability under the performance security may be released only upon written notification by the department. Notification shall be given upon completion of compliance or acceptance by the department of a substitute performance security. The liability of the surety shall not exceed the amount of security required by this section and the department's reasonable legal fees to recover the security.
(7) Any interest or appreciation on the performance security shall be held by the department until reclamation is completed to its satisfaction. At such time, the interest shall be remitted to the permit holder; except that such interest or appreciation may be used by the department to effect reclamation in the event that the permit holder fails to comply with the provisions of this chapter and the costs of reclamation exceed the face value of the performance security.
(8) Except as provided in this section, no other state agency or local government shall require performance security for the purposes of surface mine reclamation and only one agency of government shall require and hold the performance security. The department may enter into written agreements with federal agencies in order to avoid redundant bonding of surface mines straddling boundaries between federally controlled and other lands within Washington state.
((The department and the department of ecology shall jointly require performance security for metals mining and milling operations regulated under chapter 232, Laws of 1994.))
(9) The department of ecology shall not issue necessary permits to an applicant for a metals mining and milling operation as defined in RCW 78.56.020 until the applicant has deposited an acceptable performance security pursuant to the requirements of RCW 78.56.110.
(a) A public or governmental agency shall not be required to post surface mine reclamation performance security nor shall a permit holder be required to post surface mine reclamation performance security with any agency other than the department of natural resources.
(b) A single performance security, when acceptable to both the department of natural resources and the department of ecology, may be utilized to satisfy the requirements of this section and RCW 78.56.110."
Representative Elliot spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Elliot and Basich spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1574.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1574, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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, 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 - 95.
Excused: Representatives Blanton, Grant and Schmidt, D. - 3.
Engrossed Substitute House Bill No. 1574, having received the constitutional majority, was declared passed.
There being no objection, the House immediately considered Engrossed Senate Bill No. 5925.
ENGROSSED SENATE BILL NO. 5925, by Senator Pelz
Modifying the determination of unemployment insurance contribution rates.
The bill was read the second time.
Representative Conway moved adoption of the following amendment by Representative Conway:
On page 3, beginning on line 28, strike all material through the end of line 1 on page 4, and insert the following:
" 0.00 5.00 1 0.36 0.36 0.46 0.86 1.36 1.76 2.28
5.01 10.00 2 0.36 0.36 0.66 1.06 1.56 1.90 2.47
10.01 15.00 3 0.46 0.46 0.86 1.23 1.62 2.09 2.65
15.01 20.00 4 0.46 0.65 1.03 1.42 1.80 2.27 2.84
20.01 25.00 5 0.66 0.84 1.22 1.61 1.99 2.46 2.93
25.01 30.00 6 0.86 1.03 1.40 1.80 2.18 2.55 3.02
30.01 35.00 7 0.96 1.21 1.59 1.99 2.36 2.73 3.11
35.01 40.00 8 1.16 1.40 1.77 2.17 2.54 2.92 3.29
40.01 45.00 9 1.36 1.58 1.95 2.36 2.73 3.10 3.47
45.01 50.00 10 1.56 1.76 2.12 2.54 2.91 3.28 3.65
50.01 55.00 11 1.86 2.02 2.30 2.72 3.09 3.45 3.74
5.01 60.00 12 2.06 2.19 2.47 2.90 3.26 3.63 3.92
60.01 65.00 13 2.26 2.36 2.64 3.08 3.44 3.81 4.09
65.01 70.00 14 2.46 2.53 2.81 3.26 3.62 3.98 4.27
70.01 75.00 15 2.76 2.70 2.97 3.43 3.79 4.15 4.35
75.01 80.00 16 2.96 2.86 3.14 3.61 3.96 4.24 4.44
80.01 85.00 17 3.16 3.02 3.30 3.78 4.14 4.41 4.53
85.01 90.00 18 3.56 4.14 4.26 4.12 4.39 4.50 4.70
90.01 95.00 19 3.96 5.40 5.80 6.00 6.20 6.40 6.60
95.01 100.00 20 5.40 5.80 6.20 6.60 7.00 7.40 7.80"
On page 4, line 6, after "assigned" strike all material through "percent" and insert "((the)) a contribution rate ((of five and six-tenths)) that is two-tenths percent above the maximum rate in effect for the applicable rate year"
On page 4, line 12, after "to" strike "five and six-tenths percent" and insert "((five and six-tenths)) a rate that is two-tenths percent above the maximum rate in effect"
On page 6, beginning on line 6, strike all material through the end of line 25 and insert the following:
"((0.00 5.00 1 0.48 0.48 0.58 0.98 1.48 1.88 2.48
5.01 10.00 2 0.48 0.48 0.78 1.18 1.68 2.08 2.68
10.01 15.00 3 0.58 0.58 0.98 1.38 1.78 2.28 2.88
15.01 20.00 4 0.58 0.78 1.18 1.58 1.98 2.48 3.08
20.01 25.00 5 0.78 0.98 1.38 1.78 2.18 2.68 3.18
25.01 30.00 6 0.98 1.18 1.58 1.98 2.38 2.78 3.28
30.01 35.00 7 1.08 1.38 1.78 2.18 2.58 2.98 3.38
35.01 40.00 8 1.28 1.58 1.98 2.38 2.78 3.18 3.58
40.01 45.00 9 1.48 1.78 2.18 2.58 2.98 3.38 3.78
45.01 50.00 10 1.68 1.98 2.38 2.78 3.18 3.58 3.98
50.01 55.00 11 1.98 2.28 2.58 2.98 3.38 3.78 4.08
55.01 60.00 12 2.18 2.48 2.78 3.18 3.58 3.98 4.28
60.01 65.00 13 2.38 2.68 2.98 3.38 3.78 4.18 4.48
65.01 70.00 14 2.58 2.88 3.18 3.58 3.98 4.38 4.68
70.01 75.00 15 2.88 3.08 3.38 3.78 4.18 4.58 4.78
75.01 80.00 16 3.08 3.28 3.58 3.98 4.38 4.68 4.88
80.01 85.00 17 3.28 3.48 3.78 4.18 4.58 4.88 4.98
85.01 90.00 18 3.68 3.88 4.18 4.58 4.88 4.98 5.18
90.01 95.00 19 4.08 4.28 4.58 4.98 5.08 5.18 5.38
95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40 5.40))
0.00 5.00 1 0.48 0.48 0.58 0.98 1.48 1.88 2.40
5.01 10.00 2 0.48 0.48 0.78 1.18 1.68 2.02 2.59
10.01 15.00 3 0.58 0.58 0.98 1.35 1.74 2.21 2.77
15.01 20.00 4 0.58 0.77 1.15 1.54 1.92 2.39 2.96
20.01 25.00 5 0.78 0.96 1.34 1.73 2.11 2.58 3.05
25.01 30.00 6 0.98 1.15 1.52 1.92 2.30 2.67 3.14
30.01 35.00 7 1.08 1.33 1.71 2.11 2.48 2.85 3.23
35.01 40.00 8 1.28 1.52 1.89 2.29 2.66 3.04 3.41
40.01 45.00 9 1.48 1.70 2.07 2.48 2.85 3.22 3.59
45.01 50.00 10 1.68 1.88 2.24 2.66 3.03 3.40 3.77
50.01 55.00 11 1.98 2.14 2.42 2.84 3.21 3.57 3.86
55.01 60.00 12 2.18 2.31 2.59 3.02 3.38 3.75 4.04
60.01 65.00 13 2.38 2.48 2.76 3.20 3.56 3.93 4.21
65.01 70.00 14 2.58 2.65 2.93 3.38 3.74 4.10 4.39
70.01 75.00 15 2.88 2.82 3.09 3.55 3.91 4.27 4.47
75.01 80.00 16 3.08 2.98 3.26 3.73 4.08 4.36 4.56
80.01 85.00 17 3.28 3.14 3.42 3.90 4.26 4.53 4.65
85.01 90.00 18 3.68 4.26 4.38 4.24 4.51 4.62 4.82
90.01 95.00 19 4.08 5.52 5.92 6.12 6.32 6.52 6.72
95.01 100.00 20 5.40 5.80 6.20 6.60 7.00 7.40 7.80"
On page 6, line 30, after "assigned" strike all material through "percent" and insert "((the)) a contribution rate ((of five and six-tenths)) that is two-tenths percent above the maximum rate in effect for the applicable rate year"
On page 6, line 36, after "to" strike "five and six-tenths percent" and insert "((five and six-tenths)) a rate that is two-tenths percent above the maximum rate in effect"
Representative Conway spoke in favor of the adoption of the amendment.
Representative Lisk spoke against the adoption of the amendment.
Representative Conway asked Representative Lisk to yield to a question and it was denied.
The amendment was not adopted.
Representative Cody moved adoption of the following amendment by Representative Cody:
On page 4, beginning on line 28, strike all of section 2 and insert the following:
"Sec. 2. RCW 50.29.025 and 1995 c . . . s 1 (section 1 of this act) are each amended to read as follows:
The contribution rate for each employer shall be determined under this section.
(1) A fund balance ratio shall be determined by dividing the balance in the unemployment compensation fund as of the June 30th immediately preceding the rate year by the total remuneration paid by all employers subject to contributions during the second calendar year preceding the rate year and reported to the department by the following March 31st. The division shall be carried to the fourth decimal place with the remaining fraction, if any, disregarded. The fund balance ratio shall be expressed as a percentage.
(2) The interval of the fund balance ratio, expressed as a percentage, shall determine which tax schedule in subsection (5) of this section shall be in effect for assigning tax rates for the rate year ((except that during rate year 1995 tax schedule AA shall be in effect)). The intervals for determining the effective tax schedule shall be:
Interval of the
Fund Balance Ratio Effective
Expressed as a Percentage Tax Schedule
((2.90)) 3.90 and above AA
((2.50 to 2.89)) 3.40 to 3.89 A
((2.10 to 2.49)) 2.90 to 3.39 B
((1.70 to 2.09)) 2.40 to 2.89 C
((1.30 to 1.69)) 1.90 to 2.39 D
((1.00 to 1.29)) 1.40 to 1.89 E
Less than ((1.00)) 1.40 F
(3) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (a) Identification number; (b) benefit ratio; (c) taxable payrolls for the four calendar quarters immediately preceding the computation date and reported to the department by the cut-off date; (d) a cumulative total of taxable payrolls consisting of the employer's taxable payroll plus the taxable payrolls of all other employers preceding him or her in the array; and (e) the percentage equivalent of the cumulative total of taxable payrolls.
(4) Each employer in the array shall be assigned to one of twenty rate classes according to the percentage intervals of cumulative taxable payrolls set forth in subsection (5) of this section: PROVIDED, That if an employer's taxable payroll falls within two or more rate classes, the employer and any other employer with the same benefit ratio shall be assigned to the lowest rate class which includes any portion of the employer's taxable payroll.
(5) The contribution rate for each employer in the array shall be the rate specified in the following table for the rate class to which he or she has been assigned, as determined under subsection (4) of this section, within the tax schedule which is to be in effect during the rate year:
Percent of
Cumulative Schedule of Contribution Rates
Taxable Payrolls for Effective Tax Schedule
Rate
From To Class AA A B C D E F
0.00 5.00 1 0.36 0.36 0.46 0.86 1.36 1.76 2.36
5.01 10.00 2 0.36 0.36 0.66 1.06 1.56 1.96 2.56
10.01 15.00 3 0.46 0.46 0.86 1.26 1.66 2.16 2.76
15.01 20.00 4 0.46 0.66 1.06 1.46 1.86 2.36 2.96
20.01 25.00 5 0.66 0.86 1.26 1.66 2.06 2.56 3.06
25.01 30.00 6 0.86 1.06 1.46 1.86 2.26 2.66 3.16
30.01 35.00 7 0.96 1.26 1.66 2.06 2.46 2.86 3.26
35.01 40.00 8 1.16 1.46 1.86 2.26 2.66 3.06 3.46
40.01 45.00 9 1.36 1.66 2.06 2.46 2.86 3.26 3.66
45.01 50.00 10 1.56 1.86 2.26 2.66 3.06 3.46 3.86
50.01 55.00 11 1.86 2.16 2.46 2.86 3.26 3.66 3.96
55.01 60.00 12 2.06 2.36 2.66 3.06 3.46 3.86 4.16
60.01 65.00 13 2.26 2.56 2.86 3.26 3.66 4.06 4.36
65.01 70.00 14 2.46 2.76 3.06 3.46 3.86 4.26 4.56
70.01 75.00 15 2.76 2.96 3.26 3.66 4.06 4.46 4.66
75.01 80.00 16 2.96 3.16 3.46 3.86 4.26 4.56 4.76
80.01 85.00 17 3.16 3.36 3.66 4.06 4.46 4.76 4.86
85.01 90.00 18 3.56 3.76 4.06 4.46 4.76 4.86 5.06
90.01 95.00 19 3.96 4.16 4.46 4.86 4.96 5.06 5.26
95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40 5.40
(6) The contribution rate for each employer not qualified to be in the array shall be as follows:
(a) Employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due shall be assigned the contribution rate of five and six-tenths percent, except employers who have an approved agency-deferred payment contract by September 30 of the previous rate year. If any employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to five and six-tenths percent for the current rate year;
(b) The contribution rate for employers exempt as of December 31, 1989, who are newly covered under the section 78, chapter 380, Laws of 1989 amendment to RCW 50.04.150 and not yet qualified to be in the array shall be 2.5 percent for employers whose standard industrial code is "013", "016", "017", "018", "019", "021", or "081"; and
(c) For all other employers not qualified to be in the array, the contribution rate shall be a rate equal to the average industry rate as determined by the commissioner; however, the rate may not be less than one percent. Assignment of employers by the commissioner to industrial classification, for purposes of this subsection, shall be in accordance with established classification practices found in the "Standard Industrial Classification Manual" issued by the federal office of management and budget to the third digit provided in the Standard Industrial Classification code."
On page 8, line 1, strike "January 1, 1998" and insert "December 1, 1996"
On page 8, line 2, strike "1" and insert "2"
Representatives Cody and Conway spoke in favor of the adoption of the amendment.
Representative Lisk spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Conway moved adoption of the following amendment by Representative Conway:
On page 7, beginning on line 10, after "(1)" strike all material through "committees" on line 12 and insert "The joint task force on unemployment insurance created by section 22, chapter 482, Laws of 1993 (uncodified), and extended by section 1, chapter 199, Laws of 1994 (uncodified,"
On page 7, line 25, after "the" strike the remainder of the subsection and insert "task force."
On page 7, line 28, after "The" strike "department" and insert "task force"
On page 7, line 30, after "(3) The" strike "department" and insert "task force"
On page 7, line 32, after "The" strike "department" and insert "task force"
Representative Conway spoke in favor of the adoption of the amendment.
Representative Lisk spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Veloria moved adoption of the following amendment by Representative Veloria:
On page 7, line 24, after "mechanism;" strike "and"
On page 7, line 25, after "(e)" insert "The impact of any recommendations for modifying the existing funding mechanism on the extended benefits program and long-term unemployment in the state; and
(f)"
Representative Veloria spoke in favor of the adoption of the amendment.
Representative Lisk spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Conway moved adoption of the following amendment by Representative Conway:
On page 7, line 24, after "mechanism;" strike "and"
On page 7, line 25, after "(e)" insert "The impact of any recommendations for modifying the existing funding mechanism on the comparative tax burden of employers in the various tax rate classes, including an examination of the options for modifying the current financing system to reduce any disparities in the tax burden; and
(f)"
Representative Conway spoke in favor of the adoption of the amendment.
Representative Lisk spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Cole moved adoption of the following amendment by Representative Cole:
On page 7, after line 33, insert the following:
"NEW SECTION. Sec. 4. RCW 50.16.092 and 1993 c 226 s 5 are each repealed."
On page 7, line 34, strike "Section 1 of this act is" and insert "Sections 1 and 4 of this act are"
Representatives Cole and Ebersole spoke in favor of the adoption of the amendment.
Representative Lisk spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Romero moved adoption of the following amendment by Representative Romero:
On page 1, beginning on line 6, strike all of sections 1 and 2 and insert the following:
"Sec. 1. RCW 50.29.025 and 1993 c 483 s 21 and 1993 c 226 s 13 are each reenacted and amended to read as follows:
The contribution rate for each employer shall be determined under this section.
(1) A fund balance ratio shall be determined by dividing the balance in the unemployment compensation fund as of the June 30th immediately preceding the rate year by the total remuneration paid by all employers subject to contributions during the second calendar year preceding the rate year and reported to the department by the following March 31st. The division shall be carried to the fourth decimal place with the remaining fraction, if any, disregarded. The fund balance ratio shall be expressed as a percentage.
(2) The interval of the fund balance ratio, expressed as a percentage, shall determine which tax schedule in subsection (5) of this section shall be in effect for assigning tax rates for the rate year except that during rate year 1995 tax schedule AA shall be in effect. The intervals for determining the effective tax schedule shall be:
Interval of the
Fund Balance Ratio Effective
Expressed as a Percentage Tax Schedule
((3.90)) 2.90 and above AA
((3.40 to 3.89)) 2.50 to 2.89 A
((2.90 to 3.39)) 2.10 to 2.49 B
((2.40 to 2.89)) 1.60 to 2.09 C
((1.90 to 2.39)) 1.10 to 1.59 D
((1.40 to 1.89)) 0.60 to 1.09 E
Less than ((1.40)) 0.60 F
(3) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (a) Identification number; (b) benefit ratio; (c) taxable payrolls for the four calendar quarters immediately preceding the computation date and reported to the department by the cut-off date; (d) a cumulative total of taxable payrolls consisting of the employer's taxable payroll plus the taxable payrolls of all other employers preceding him or her in the array; and (e) the percentage equivalent of the cumulative total of taxable payrolls.
(4) Each employer in the array shall be assigned to one of twenty rate classes according to the percentage intervals of cumulative taxable payrolls set forth in subsection (5) of this section: PROVIDED, That if an employer's taxable payroll falls within two or more rate classes, the employer and any other employer with the same benefit ratio shall be assigned to the lowest rate class which includes any portion of the employer's taxable payroll.
(5) The contribution rate for each employer in the array shall be the rate specified in the following table for the rate class to which he or she has been assigned, as determined under subsection (4) of this section, within the tax schedule which is to be in effect during the rate year:
Percent of
Cumulative Schedule of Contribution Rates
Taxable Payrolls for Effective Tax Schedule
((Rate
From To Class AA A B C D E F
0.00 5.00 1 0.48 0.36 0.46 0.86 1.36 1.76 2.36
5.01 10.00 2 0.48 0.36 0.66 1.06 1.56 1.96 2.56
10.01 15.00 3 0.58 0.46 0.86 1.26 1.66 2.16 2.76
15.01 20.00 4 0.58 0.66 1.06 1.46 1.86 2.36 2.96
20.01 25.00 5 0.78 0.86 1.26 1.66 2.06 2.56 3.06
25.01 30.00 6 0.98 1.06 1.46 1.86 2.26 2.66 3.16
30.01 35.00 7 1.08 1.26 1.66 2.06 2.46 2.86 3.26
35.01 40.00 8 1.28 1.46 1.86 2.26 2.66 3.06 3.46
40.01 45.00 9 1.48 1.66 2.06 2.46 2.86 3.26 3.66
45.01 50.00 10 1.68 1.86 2.26 2.66 3.06 3.46 3.86
50.01 55.00 11 1.98 2.16 2.46 2.86 3.26 3.66 3.96
55.01 60.00 12 2.18 2.36 2.66 3.06 3.46 3.86 4.16
60.01 65.00 13 2.38 2.56 2.86 3.26 3.66 4.06 4.36
65.01 70.00 14 2.58 2.76 3.06 3.46 3.86 4.26 4.56
70.01 75.00 15 2.88 2.96 3.26 3.66 4.06 4.46 4.66
75.01 80.00 16 3.08 3.16 3.46 3.86 4.26 4.56 4.76
80.01 85.00 17 3.28 3.36 3.66 4.06 4.46 4.76 4.86
85.01 90.00 18 3.68 3.76 4.06 4.46 4.76 4.86 5.06
90.01 95.00 19 4.08 4.16 4.46 4.86 4.96 5.06 5.26
95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40 5.40))
Rate
From To Class AA A B C D E F
0.00 5.00 1 0.36 0.36 0.46 0.86 1.36 1.76 2.36
5.01 10.00 2 0.36 0.36 0.66 1.06 1.56 1.96 2.56
10.01 15.00 3 0.46 0.46 0.86 1.26 1.66 2.16 2.76
15.01 20.00 4 0.46 0.66 1.06 1.46 1.86 2.36 2.96
20.01 25.00 5 0.66 0.86 1.26 1.66 2.06 2.56 3.06
25.01 30.00 6 0.86 1.06 1.46 1.86 2.26 2.66 3.16
30.01 35.00 7 0.96 1.26 1.66 2.06 2.46 2.86 3.26
35.01 40.00 8 1.16 1.46 1.86 2.26 2.66 3.06 3.46
40.01 45.00 9 1.36 1.66 2.06 2.46 2.86 3.26 3.66
45.01 50.00 10 1.56 1.86 2.26 2.66 3.06 3.46 3.86
50.01 55.00 11 1.86 2.16 2.46 2.86 3.26 3.66 3.96
55.01 60.00 12 2.06 2.36 2.66 3.06 3.46 3.86 4.16
60.01 65.00 13 2.26 2.56 2.86 3.26 3.66 4.06 4.36
65.01 70.00 14 2.46 2.76 3.06 3.46 3.86 4.26 4.56
70.01 75.00 15 2.76 2.96 3.26 3.66 4.06 4.46 4.66
75.01 80.00 16 2.96 3.16 3.46 3.86 4.26 4.56 4.76
80.01 85.00 17 3.16 3.36 3.66 4.06 4.46 4.76 4.86
85.01 90.00 18 3.56 3.76 4.06 4.46 4.76 4.86 5.06
90.01 95.00 19 3.96 4.16 4.46 4.86 4.96 5.06 5.26
95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40 5.40
(6) The contribution rate for each employer not qualified to be in the array shall be as follows:
(a) Employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due shall be assigned the contribution rate of five and six-tenths percent, except employers who have an approved agency-deferred payment contract by September 30 of the previous rate year. If any employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to five and six-tenths percent for the current rate year;
(b) The contribution rate for employers exempt as of December 31, 1989, who are newly covered under the section 78, chapter 380, Laws of 1989 amendment to RCW 50.04.150 and not yet qualified to be in the array shall be 2.5 percent for employers whose standard industrial code is "013", "016", "017", "018", "019", "021", or "081"; and
(c) For all other employers not qualified to be in the array, the contribution rate shall be a rate equal to the average industry rate as determined by the commissioner; however, the rate may not be less than one percent. Assignment of employers by the commissioner to industrial classification, for purposes of this subsection, shall be in accordance with established classification practices found in the "Standard Industrial Classification Manual" issued by the federal office of management and budget to the third digit provided in the Standard Industrial Classification code.
Sec. 2. RCW 50.29.025 and 1995 c . . . s 1 (section 1 of this act) are each amended to read as follows:
The contribution rate for each employer shall be determined under this section.
(1) A fund balance ratio shall be determined by dividing the balance in the unemployment compensation fund as of the June 30th immediately preceding the rate year by the total remuneration paid by all employers subject to contributions during the second calendar year preceding the rate year and reported to the department by the following March 31st. The division shall be carried to the fourth decimal place with the remaining fraction, if any, disregarded. The fund balance ratio shall be expressed as a percentage.
(2) The interval of the fund balance ratio, expressed as a percentage, shall determine which tax schedule in subsection (5) of this section shall be in effect for assigning tax rates for the rate year ((except that during rate year 1995 tax schedule AA shall be in effect)). The intervals for determining the effective tax schedule shall be:
Interval of the
Fund Balance Ratio Effective
Expressed as a Percentage Tax Schedule
((2.90)) 3.90 and above AA
((2.50 to 2.89)) 3.40 to 3.89 A
((2.10 to 2.49)) 2.90 to 3.39 B
((1.60 to 2.09)) 2.40 to 2.89 C
((1.10 to 1.59)) 1.90 to 2.39 D
((0.60 to 1.09)) 1.40 to 1.89 E
Less than ((0.60)) 1.40 F
(3) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (a) Identification number; (b) benefit ratio; (c) taxable payrolls for the four calendar quarters immediately preceding the computation date and reported to the department by the cut-off date; (d) a cumulative total of taxable payrolls consisting of the employer's taxable payroll plus the taxable payrolls of all other employers preceding him or her in the array; and (e) the percentage equivalent of the cumulative total of taxable payrolls.
(4) Each employer in the array shall be assigned to one of twenty rate classes according to the percentage intervals of cumulative taxable payrolls set forth in subsection (5) of this section: PROVIDED, That if an employer's taxable payroll falls within two or more rate classes, the employer and any other employer with the same benefit ratio shall be assigned to the lowest rate class which includes any portion of the employer's taxable payroll.
(5) The contribution rate for each employer in the array shall be the rate specified in the following table for the rate class to which he or she has been assigned, as determined under subsection (4) of this section, within the tax schedule which is to be in effect during the rate year:
Percent of
Cumulative Schedule of Contribution Rates
Taxable Payrolls for Effective Tax Schedule
Rate
From To Class AA A B C D E F
0.00 5.00 1 0.36 0.36 0.46 0.86 1.36 1.76 2.36
5.01 10.00 2 0.36 0.36 0.66 1.06 1.56 1.96 2.56
10.01 15.00 3 0.46 0.46 0.86 1.26 1.66 2.16 2.76
15.01 20.00 4 0.46 0.66 1.06 1.46 1.86 2.36 2.96
20.01 25.00 5 0.66 0.86 1.26 1.66 2.06 2.56 3.06
25.01 30.00 6 0.86 1.06 1.46 1.86 2.26 2.66 3.16
30.01 35.00 7 0.96 1.26 1.66 2.06 2.46 2.86 3.26
35.01 40.00 8 1.16 1.46 1.86 2.26 2.66 3.06 3.46
40.01 45.00 9 1.36 1.66 2.06 2.46 2.86 3.26 3.66
45.01 50.00 10 1.56 1.86 2.26 2.66 3.06 3.46 3.86
50.01 55.00 11 1.86 2.16 2.46 2.86 3.26 3.66 3.96
55.01 60.00 12 2.06 2.36 2.66 3.06 3.46 3.86 4.16
60.01 65.00 13 2.26 2.56 2.86 3.26 3.66 4.06 4.36
65.01 70.00 14 2.46 2.76 3.06 3.46 3.86 4.26 4.56
70.01 75.00 15 2.76 2.96 3.26 3.66 4.06 4.46 4.66
75.01 80.00 16 2.96 3.16 3.46 3.86 4.26 4.56 4.76
80.01 85.00 17 3.16 3.36 3.66 4.06 4.46 4.76 4.86
85.01 90.00 18 3.56 3.76 4.06 4.46 4.76 4.86 5.06
90.01 95.00 19 3.96 4.16 4.46 4.86 4.96 5.06 5.26
95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40 5.40
(6) The contribution rate for each employer not qualified to be in the array shall be as follows:
(a) Employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due shall be assigned the contribution rate of five and six-tenths percent, except employers who have an approved agency-deferred payment contract by September 30 of the previous rate year. If any employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to five and six-tenths percent for the current rate year;
(b) The contribution rate for employers exempt as of December 31, 1989, who are newly covered under the section 78, chapter 380, Laws of 1989 amendment to RCW 50.04.150 and not yet qualified to be in the array shall be 2.5 percent for employers whose standard industrial code is "013", "016", "017", "018", "019", "021", or "081"; and
(c) For all other employers not qualified to be in the array, the contribution rate shall be a rate equal to the average industry rate as determined by the commissioner; however, the rate may not be less than one percent. Assignment of employers by the commissioner to industrial classification, for purposes of this subsection, shall be in accordance with established classification practices found in the "Standard Industrial Classification Manual" issued by the federal office of management and budget to the third digit provided in the Standard Industrial Classification code."
On page 8, line 1, strike "January 1, 1998" and insert "December 1, 1996"
On page 8, line 2, strike "1" and insert "2"
Representative Romero spoke in favor of the adoption of the amendment.
Representative Lisk spoke against the adoption of the amendment.
The amendment was not adopted.
Engrossed Senate Bill No. 5925 was passed to the Rules Committee.
There being no objection, the House considered the following bills in the following order: House Bill No. 1322, House Bill No. 1329 and House Bill No. 1331.
HOUSE BILL NO. 1322, by Representatives Van Luven, G. Fisher, Hatfield, Ballasiotes, Mitchell, Hymes, Johnson, L. Thomas, Campbell, Kremen and Basich
Affecting the property taxation of senior citizens and persons retired because of physical disabilities.
The bill was read the second time.
Representative G. Fisher moved adoption of the following amendment by Representative G. Fisher:
On page 3, line 7, strike "twenty-eight" and insert "((twenty-eight)) thirty"
On page 5, line 20, strike "twenty-eight" and insert "((twenty-eight)) thirty"
On page 5, line 34, strike "twenty-eight" and insert "thirty"
Representative G. Fisher spoke in favor of the adoption of the amendment.
Representative Appelwick demanded an electronic roll call vote and the demand was sustained.
Representatives B. Thomas and Carlson spoke against the adoption of the amendment.
Representative G. Fisher again spoke in favor of the adoption of the amendment.
ROLL CALL
The Clerk called the roll on the amendment on page 3, line 7, to House Bill No. 1322 and the amendment was not adopted by the following vote: Yeas - 36, Nays - 59, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Basich, Benton, Brown, Buck, Chappell, Chopp, Cody, Cole, Conway, Costa, Crouse, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Hankins, Hatfield, Jacobsen, Kessler, Mason, Mastin, Morris, Ogden, Patterson, Pennington, Poulsen, Quall, Regala, Romero, Scott, Sheldon, Tokuda, Veloria and Wolfe - 36.
Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Boldt, Brumsickle, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Radcliff, Reams, Robertson, Rust, Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Valle, Van Luven and Mr. Speaker - 59.
Excused: Representatives Blanton, Grant and Schmidt, D. - 3.
Representative Hargrove moved adoption of the following amendment by Representative Hargrove:
On page 6, after line 27, insert:
"NEW SECTION. Sec. 6. The department of revenue shall review the effect of the valuation freeze in RCW 84.36.381(6) on taxpayers who are not eligible for the freeze. The department shall develop alternative methods that could used to prevent tax shifts as result of the freeze, and report on those alternatives to the fiscal committees of the senate and house of representatives on or before December 31, 1995."
Representatives Hargrove and Morris spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Van Luven and Morris spoke in favor of passage of the bill.
Representatives Mason and Rust spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1322.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 1322, and the bill passed the House by the following vote: Yeas - 86, Nays - 9, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 86.
Voting nay: Representatives Chopp, Dickerson, Fisher, R., Mason, Regala, Rust, Sommers, Thibaudeau and Tokuda - 9.
Excused: Representatives Blanton, Grant and Schmidt, D. - 3.
Engrossed House Bill No. 1322, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1329, by Representatives Dyer, Dellwo, Cody and Conway; by request of Department of Health
Regulating food industry safety.
The bill was read the second time. There being no objection, Substitute House Bill No. 1329 was substituted for House Bill No. 1329 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1329 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Dyer, Dellwo and Backlund spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1329.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1329, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, 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 Blanton and Grant - 2.
Substitute House Bill No. 1329, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1331, by Representatives Dyer, Dellwo, Skinner and Backlund; by request of Department of Health
Changing certain health professional examination procedures.
The bill was read the second time. There being no objection, Substitute House Bill No. 1331 was substituted for House Bill No. 1331 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1331 was read the second time.
Representative Dyer moved adoption of the following amendment by Representative Dyer:
On page 11, after line 16, insert the following:
"NEW SECTION. Sec. 18. A new section is added to chapter 18.130 RCW to read as follows:
The secretary of health shall coordinate and review all proposed rules, interpretive statements, policy statements, and declaratory orders, as defined in chapter 34.05 RCW, that are proposed for adoption or issuance by any health profession board or commission vested with rule-making authority identified under RCW 18.130.040(2)(b). The secretary shall review the proposed rules, interpretive statements, policy statements, and declaratory orders against criteria that include, but are not limited to, the effect of the proposed rule, statement, or order upon existing health care policies, and the effect of the proposed rule, statement, or order upon the practice of health professionals. Within thirty days of the receipt of a proposed rule, interpretive statement, policy statement, or declaratory order from the originating board or commission, the secretary shall inform the board or commission of the results of the secretary's review, and shall provide any comments or suggestions that the secretary deems appropriate. Emergency rule making, as defined in RCW 34.05.350, is not subject to this review process. The secretary shall adopt rules and procedures for the coordination and review of proposed rules, interpretive statements, policy statements, and declaratory orders."
Representative Dyer spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Dyer spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1331.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1331, and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, 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 - 95.
Voting nay: Representative Fisher, G. - 1.
Excused: Representatives Blanton and Grant - 2.
Engrossed Substitute House Bill No. 1331, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Foreman, the House adjourned until 8:30 a.m., Wednesday, March 8, 1995.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk