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EIGHTEENTH DAY




MORNING SESSION




House Chamber, Olympia, Thursday, January 29, 1998


             The House was called to order at 9:55 a.m. by the Speaker (Representative Pennington presiding).


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


MESSAGE FROM SECRETARY OF STATE


The Honorable Speaker of the House of Representatives

Legislature of the State of Washington

Olympia, Washington


Mr. Speaker:


             As required by Article II, Section 1, of the State Constitution and RCW 29.70.200, we herewith respectfully certify that we have completed the verification of the signatures on Initiative to the Legislature 200, a copy of which was preliminarily certified to you on January 12, 1998, and we have determined that the initiative contains the signatures of at least 239,563 legal voters in the State of Washington. As the number exceeds that required by the State Constitution (179,248), we hereby certify that Initiative to the Legislature 200 is qualified to appear on the state general election ballot unless approved by the Legislature during this session.


IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the State of Washington, this 21st day of January, 1998.


RALPH MUNRO

Secretary of State


SEAL


MESSAGE FROM THE SENATE

January 28, 1998

Mr. Speaker:


             The Senate has passed:

ENGROSSED SENATE BILL NO. 5065,

SECOND SUBSTITUTE SENATE BILL NO. 5084,

SENATE BILL NO. 5164,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5196,

SENATE BILL NO. 5622,

SUBSTITUTE SENATE BILL NO. 5636,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6050,

and the same are herewith transmitted.

Susan Carlson, Deputy Secretary


INTRODUCTIONS AND FIRST READING

 

HB 3079           by Representatives Mastin and Grant

 

AN ACT Relating to current use taxation; amending RCW 84.34.020 and 84.34.065; reenacting and amending RCW 84.40.030; adding a new section to chapter 84.34 RCW; and creating a new section.

 

Referred to Committee on Finance.

 

HB 3080           by Representatives Kenney, Costa, Butler, O'Brien, Mason and Ogden

 

AN ACT Relating to parking rental fees; and adding a new section to chapter 28B.130 RCW.

 

Referred to Committee on Higher Education.

 

HB 3081           by Representatives Scott, Dunshee, D. Schmidt, O'Brien, Kessler and Gardner

 

AN ACT Relating to exempting local governments from the state share of the sales tax on labor and services related to the construction of voter-approved projects; amending RCW 81.104.170; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 82.32 RCW; creating a new section; and providing an effective date.

 

Referred to Committee on Finance.

 

HB 3082           by Representative Constantine

 

AN ACT Relating to real estate excise taxes imposed by park and recreation districts, park and recreation service areas, and metropolitan park districts to finance the acquisition and maintenance of conservation areas; and adding a new section to chapter 82.46 RCW.

 

Referred to Committee on Finance.

 

HB 3083           by Representatives Hickel and McMorris

 

AN ACT Relating to employee leasing; adding a new section to chapter 51.16 RCW; and adding a new section to chapter 51.08 RCW.

 

Referred to Committee on Commerce & Labor.

 

HB 3084           by Representatives Talcott, Lantz, Regala, Van Luven, Radcliff and Sullivan

 

AN ACT Relating to a study of the student transportation allocation; creating a new section; and making an appropriation.

 

Referred to Committee on Appropriations.

 

HB 3085           by Representatives Linville, Ogden and Gardner

 

AN ACT Relating to promoting flood safety through local planning; amending RCW 86.12.010, 86.12.020, 86.12.030, 86.12.034, 86.12.200, 86.12.210, 86.12.220, 36.70A.150, 36.70A.160, 64.06.020, and 86.26.007; adding new sections to chapter 86.12 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 43.21C RCW; and creating new sections.

 

Referred to Committee on Agriculture & Ecology.

 

HB 3086           by Representatives Thompson, Koster, D. Schmidt, Backlund, Bush and Boldt

 

AN ACT Relating to reaffirming and protecting the institution of marriage; amending RCW 26.04.010 and 26.04.020; adding a new section to chapter 9A.04 RCW; and creating new sections.

 

Referred to Committee on Law & Justice.

 

HB 3087           by Representative Cairnes

 

AN ACT Relating to administrative appeals of tax assessments; and amending RCW 4.84.340 and 4.84.350.

 

Referred to Committee on Law & Justice.

 

HB 3088           by Representative Cairnes

 

AN ACT Relating to fair processes for taxpayer audits; adding a new section to chapter 43.22 RCW; adding a new section to chapter 50.12 RCW; and adding a new section to chapter 82.02 RCW.

 

Referred to Committee on Finance.

 

HB 3089           by Representatives McDonald, Sheahan, Kessler, Bush, Robertson and Boldt

 

AN ACT Relating to drunk driving; and amending RCW 10.05.010.

 

Referred to Committee on Law & Justice.

 

HB 3090           by Representative Honeyford

 

AN ACT Relating to airport property in this state belonging to municipal corporations in adjoining states; and repealing RCW 84.36.130.

 

Referred to Committee on Finance.

 

HB 3091           by Representative Van Luven

 

AN ACT Relating to liens for unrecorded utility charges; amending RCW 60.80.010 and 60.80.020; and adding a new section to chapter 60.80 RCW.

 

Referred to Committee on Energy & Utilities.

 

HB 3092           by Representative Regala; by request of Department of Natural Resources

 

AN ACT Relating to state employee housing relocation assistance; amending RCW 43.03.110 and 43.03.120; and creating a new section.

 

Referred to Committee on Government Administration.

 

ESB 5065         by Senators Roach, Haugen, Johnson and Winsley; by request of Secretary of State

 

Regulating naming of businesses.

 

Referred to Committee on Government Administration.

 

2SSB 5084        by Senate Committee on Ways & Means (originally sponsored by Senators Roach, Schow, Benton, Swecker, Zarelli, Morton, Hochstatter, Johnson, McCaslin, Winsley, Stevens and Oke)

 

Modifying the definition of a qualified party and the amount of attorneys' fees they may recover in an action appealing a state agency directive.

 

Referred to Committee on House Government Reform & Land Use.

 

SB 5164            by Senators Haugen, Long, Goings, Patterson, Franklin and Bauer

 

Removing certain tenants and occupants from a mobile home park.

 

Referred to Committee on Trade & Economic Development.

 

ESSB 5196       by Senate Committee on Ways & Means (originally sponsored by Senators Strannigan, West, Bauer, Heavey, Prentice and Wood)

 

Allowing a business and occupation tax deduction for certain amusement devices.

 

Referred to Committee on Finance.

 

SB 5622            by Senators Long, Strannigan and Winsley

 

Removing the expiration of tax exemptions for new construction of alternative housing for youth in crisis.

 

Referred to Committee on Finance.

 

SSB 5636          by Senate Committee on Natural Resources & Parks (originally sponsored by Senators Oke, Swecker, Rossi and Horn)

 

Revising health inspection warrants for local health officers in response to pollution in commercial or recreational shellfish harvesting areas.

 

Referred to Committee on Natural Resources.

 

ESSB 6050       by Senate Committee on Ways & Means (originally sponsored by Senator Oke)

 

Providing tax exemptions for state route number 16 corridor improvements constructed under chapter 47.46 RCW.

 

Referred to Committee on Finance.


             There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.


REPORTS OF STANDING COMMITTEES


January 27, 1998

HB 2300           Prime Sponsor, Representative Johnson: Changing provisions relating to educational pathways. Reported by Committee on Education

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Johnson, Chairman; Hickel, Vice Chairman; Cole, Ranking Minority Member; Keiser, Assistant Ranking Minority Member; Linville; Quall; Smith; Sterk; Sump; Talcott and Veloria.


             Voting Yea: Representatives Johnson, Hickel, Cole, Keiser, Linville, Quall, Smith, Sterk, Sump, Talcott and Veloria.

 

             Passed to Rules Committee for second reading.


January 27, 1998

HB 2308           Prime Sponsor, Representative Mulliken: Requiring parental consent before a school conducts certain tests, questionnaires, surveys, analyses, or evaluations. Reported by Committee on Education

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Johnson, Chairman; Hickel, Vice Chairman; Smith; Sterk; Sump and Talcott.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cole, Ranking Minority Member; Linville; Quall and Veloria.


             Voting Yea: Representatives Johnson, Hickel, Smith, Sterk, Sump and Talcott.

             Voting Nay: Representatives Cole, Keiser, Linville, Quall and Veloria.


             Passed to Rules Committee for second reading.


January 22, 1998

HB 2345           Prime Sponsor, Representative Reams: Revising administrative law. Reported by Committee on House Government Reform & Land Use

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Reams, Chairman; Cairnes, Vice Chairman; Sherstad, Vice Chairman; Bush; Mielke; Mulliken and Thompson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; Fisher and Gardner.


             Voting Yea: Representatives Reams, Cairnes, Sherstad, Bush, Mielke, Mulliken and Thompson.

             Voting Nay: Representatives Romero, Lantz, Fisher and Gardner.


             Passed to Committee on Appropriations.


January 28, 1998

HB 2360           Prime Sponsor, Representative L. Thomas: Authorizing financing contracts. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives L. Thomas, Chairman; Zellinsky, Vice Chairman; Wolfe, Ranking Minority Member; Grant, Assistant Ranking Minority Member; Benson; Constantine; DeBolt; Keiser; Sullivan and Wensman.


             Voting Yea: Representatives L. Thomas, Zellinsky, Wolfe, Grant, Benson, Constantine, DeBolt, Keiser, Sullivan and Wensman.

             Excused: Representative Smith.


             Passed to Committee on Capital Budget.


January 27, 1998

HB 2399           Prime Sponsor, Representative Romero: Revising provisions relating to use of small works rosters by state agencies. Reported by Committee on Government Administration

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Gardner, Assistant Ranking Minority Member; Doumit; Dunn; Dunshee; Murray; Reams; Smith; L. Thomas; Wensman and Wolfe.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Gardner, Dunn, Dunshee, Murray, Reams, Smith, L. Thomas, Wensman and Wolfe.

             Excused: Representative Doumit.


             Passed to Rules Committee for second reading.


January 27, 1998

HB 2411           Prime Sponsor, Representative Alexander: Refining statutes related to county treasurers. Reported by Committee on Government Administration

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Gardner, Assistant Ranking Minority Member; Doumit; Dunn; Dunshee; Murray; Reams; Smith; L. Thomas; Wensman and Wolfe.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Gardner, Doumit, Dunn, Dunshee, Murray, Reams, Smith, L. Thomas, Wensman and Wolfe.

 

             Passed to Rules Committee for second reading.


January 27, 1998

HB 2496           Prime Sponsor, Representative Buck: Developing the critical path schedule for salmon recovery. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended. Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             On page 2, line 15, after "department" strike "will" and insert "shall"


             On page 2, line 23, after "schedule" strike "will set out" and insert "must specify"


             On page 2, line 25, after "governments" strike ". The restoration efforts are those"


             Voting Yea: Representatives Buck, Sump, Thompson, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer and Hatfield.

             Excused: Representative Pennington.


             Passed to Committee on Appropriations.


January 28, 1998

HB 2516           Prime Sponsor, Representative Chandler: Providing a lien for artificial insemination or materials. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass. Signed by Representatives Chandler, Chairman; Schoesler, Vice Chairman; Parlette, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin; Regala and Sump.


             Voting Yea: Representatives Chandler, Parlette, Linville, Anderson, Cooper, Delvin, Koster, Mastin, Regala, Schoesler and Sump.


             Passed to Rules Committee for second reading.


January 26, 1998

HB 2525           Prime Sponsor, Representative Backlund: Phasing in lightweight tire studs. Reported by Committee on Transportation Policy & Budget

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Cairnes; Constantine; DeBolt; Gardner; Hatfield; Johnson; McCune; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Sterk and Wood.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Chandler and Zellinsky.


             Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Mitchell, Backlund, McCune, Buck, Cairnes, Constantine, Cooper, DeBolt, Hatfield, Murray, O'Brien, Ogden, Radcliff, Robertson, Romero, Scott, Skinner, Sterk and Wood.

             Voting Nay: Representatives Chandler and Zellinsky.

             Excused: Representatives Gardner and Johnson.


             Passed to Rules Committee for second reading.


January 28, 1998

HB 2554           Prime Sponsor, Representative Zellinsky: Prohibiting offers of incentives to insurance claimants to reimburse claimants for costs of service. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: Do pass. Signed by Representatives L. Thomas, Chairman; Zellinsky, Vice Chairman; Wolfe, Ranking Minority Member; Grant, Assistant Ranking Minority Member; Benson; Constantine; DeBolt; Keiser; Sullivan and Wensman.


             Voting Yea: Representatives L. Thomas, Zellinsky, Wolfe, Grant, Benson, Constantine, DeBolt, Keiser, Sullivan and Wensman.

             Excused: Representative Smith.


             Passed to Rules Committee for second reading.


January 26, 1998

HB 2582           Prime Sponsor, Representative Mitchell: Updating references to the transportation improvement board bond retirement account. Reported by Committee on Transportation Policy & Budget

 

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Cairnes; Chandler; Constantine; DeBolt; Gardner; Hatfield; Johnson; McCune; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Sterk; Wood and Zellinsky.


             Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Mitchell, Backlund, McCune, Buck, Cairnes, Chandler, Constantine, Cooper, DeBolt, Hatfield, Johnson, Murray, O'Brien, Ogden, Radcliff, Robertson, Romero, Scott, Skinner, Sterk, Wood and Zellinsky.

             Excused: Representative Gardner.


             Passed to Rules Committee for second reading.


January 26, 1998

HB 2613           Prime Sponsor, Representative Zellinsky: Requiring backup alerts on delivery trucks. Reported by Committee on Transportation Policy & Budget

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Cairnes; Chandler; Constantine; DeBolt; Gardner; Hatfield; Johnson; McCune; O'Brien; Radcliff; Romero; Scott; Skinner; Wood and Zellinsky.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Mitchell, Vice Chairman; Robertson and Sterk.


             Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Backlund, McCune, Cairnes, Chandler, Constantine, Cooper, DeBolt, Hatfield, Johnson, Murray, O'Brien, Ogden, Radcliff, Romero, Scott, Skinner, Wood and Zellinsky.

             Voting Nay: Representatives Mitchell, Buck, Robertson and Sterk.

             Excused: Representative Gardner.


             Passed to Rules Committee for second reading.


January 27, 1998

HB 2672           Prime Sponsor, Representative Smith: Requiring election procedures manuals. Reported by Committee on Government Administration

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Gardner, Assistant Ranking Minority Member; Doumit; Dunn; Dunshee; Murray; Reams; Smith; L. Thomas; Wensman and Wolfe.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Gardner, Doumit, Dunn, Dunshee, Murray, Reams, Smith, L. Thomas, Wensman and Wolfe.


             Passed to Rules Committee for second reading.


January 28, 1998

HB 2717           Prime Sponsor, Representative Chandler: Implementing House Joint Resolution No. 4209. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass. Signed by Representatives Chandler, Chairman; Schoesler, Vice Chairman; Parlette, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin; Regala and Sump.


             Voting Yea: Representatives Chandler, Parlette, Linville, Anderson, Cooper, Delvin, Koster, Mastin, Regala, Schoesler and Sump.


             Passed to Rules Committee for second reading.


             There being no objection, the bills listed on the day's committee reports under the fifth order of business were referred to the committees so designated.


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


             There being no objection, the House adjourned until 1:30 p.m., Friday, January 30, 1998.


TIMOTHY A. MARTIN, Chief Clerk                                                                           CLYDE BALLARD, Speaker