HJ 98 024

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TWENTY FOURTH DAY

MORNING SESSION

House Chamber, Olympia, Wednesday, February 4, 1998

The House was called to order at 10:00 a.m. by the Speaker (Representative Pennington presiding). 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 Chloe Birnel and Angela Cochran. Prayer was offered by Pastor Dwayne French, Redmond Assembly of God.

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

RESOLUTIONS

HOUSE RESOLUTION NO. 98-4693, by Representatives Johnson, Hatfield, Eickmeyer and Dunn

WHEREAS, Athletics is one of the most effective ways for students in the United States to develop leadership skills, self-discipline, initiative, and dedication; and

WHEREAS, Participation in high school football inspires students to strive for their goals both on and off the field; and

WHEREAS, The communication and cooperation skills learned through athletic experience play a key role in the contributions of athletes to the home, school, and community; and

WHEREAS, The honor of being high school state champions reflects positively upon the character of the school, the students, the parents, and the community; and

WHEREAS, The Elma High School football team, under the supervision of head coach Jim Hill and athletic director Steve Bridge, completed the 1997 season with a record of thirteen wins and no losses; and

WHEREAS, The Elma High School football team has won the 1997 State "AA" championship; and

WHEREAS, Through the high academic standards and goals inspired by their dedicated coaches, the team had an overall grade point average of 3.41, the highest team scholastic average in the state of Washington;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor and congratulate the Elma High School football team for their hard work, dedication, and sacrifice in achieving this significant accomplishment; and

BE IT FURTHER RESOLVED, That the families of these students be commended for the encouragement and support they have provided to these student athletes; and

BE IT FURTHER RESOLVED, That the coaches, teachers, classmates, parents, and community of Elma be recognized for the important part they played in helping these athletes excel; and

BE IT FURTHER RESOLVED, That the senior members of the Elma High School football team: Ben Dougherty, Mark Burbidge, Clay Linich, Matt Totten, Anthony Trail, Jeremy Osbun, Pete Dotson, Rollie Finch, Committee on Education Wallman, Travis Rowland, Jacob Peek, Brent Estes, and Tony Butorac be recognized for their team leadership; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Head Coach Jim Hill, Athletic Director Steve Bridge, and the members of the Elma High School Football Team.

Representative Johnson moved adoption of the resolution.

Representative Johnson spoke in favor of the adoption of the resolution.

House Resolution No. 4693 was adopted.

HOUSE RESOLUTION NO. 98-4687, by Representatives Veloria, Cody, McCune, Keiser and Dunn

WHEREAS, Cynthia Chesak has served with distinction in the field of education, as a teacher at Foster High School in Tukwila; and

WHEREAS, Ms. Chesak is one of one hundred fifty educators around the country who have received the 1997 Milken Family Foundation National Educator Award for exceptional educational talent and distinguished achievement in developing innovative curricula, programs, and teaching methods; and

WHEREAS, The Milken Family Foundation National Educator Award has honored one thousand one hundred seventy educators across thirty-five states in the last decade, providing awardees with an unrestricted gift of twenty-five thousand dollars; and

WHEREAS, Ms. Chesak will participate in the Milken Family Foundation National Education Conference in June 1998, to share ideas and concerns regarding education with other distinguished educators, state school chiefs and legislators, and leaders of government and business;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize the great contribution made by Cynthia Chesak to the educational environment of Washington State, and extend congratulations on her educational success stories and her great devotion to children and learning.

Representative Veloria moved adoption of the resolution.

Representatives Veloria and Cody spoke in favor of the adoption of the resolution.

House Resolution No. 4687 was adopted.

HOUSE RESOLUTION NO. 98-4696, by Representatives Veloria, Cody and Crouse

WHEREAS, The House of Representatives recognizes excellence in the field of education and fosters awareness of cultural backgrounds and nationalities; and

WHEREAS, The French class at Foster High School in Tukwila, Washington, under the leadership of Ms. Susan Pike, was inspired after a speech by Tukwila School District Board Director Mary Fertakis concerning her volunteer Peace Corps experience in the village of Thillagrand in Senegal; and

WHEREAS, That inspiration led the class to send one hundred pounds of school supplies with directions in French; and

WHEREAS, Mr. Doug Bruce, a teacher in the foreign language department, will accompany Ms. Fertakis and her family, who will travel to Senegal in February to visit Thillagrand to develop the long-term objectives; and

WHEREAS, The personal contact will enable the Sister Schools to establish mutually agreeable communication avenues, guidelines, and expectations for their partnerships; and

WHEREAS, This partnership will dispel myths/stereotypes associated with West Africa and will develop an understanding between students from different cultures of how similar they are; and

WHEREAS, Foster High School has twenty-five hundred students, eighteen percent are ESL (English as a Second Language) representing twenty-eight different languages; and

WHEREAS, The interaction our students have on a daily basis with people from other cultures is preparing them for the world they will live and work in;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor the Sister School partnership between Foster High School in Tukwila and Thillagrand Village in Senegal.

Representative Veloria moved adoption of the resolution.

Representatives Veloria and Cody spoke in favor of the adoption of the resolution.

House Resolution No. 4696 was adopted.

The Speaker assumed the chair.

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

THIRD READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1130, by House Committee on Law & Justice (originally sponsored by Representatives Thompson, Koster, Mulliken, L. Thomas, Bush, Backlund, Dunn, Sump, Mielke, Pennington, Talcott, Chandler, Johnson, Lambert, D. Sommers, Sheahan, McDonald, D. Schmidt, McMorris, Sterk, Boldt, Crouse, Benson, DeBolt and Sherstad)

Reaffirming and protecting the institution of marriage.

Representatives Thompson, Sheahan, Mulliken and Pennington spoke in favor of the passage of the bill.

Representatives Constantine, Murray, Dickerson, Regala, Appelwick and Costa spoke against the passage of the bill.

MOTION

On motion of Representative Cairnes, Representative Dyer was excused.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1130.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1130 and the bill passed the House by the following vote: Yeas - 56, Nays - 41, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Backlund, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Koster, Lambert, Lisk, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 56.

Voting nay: Representatives Anderson, Appelwick, Ballasiotes, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Mastin, Morris, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sehlin, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 41.

Excused: Representative Dyer - 1.

Engrossed Substitute House Bill No. 1130, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote NAY on Engrossed Substitute House Bill No. 1130.

DAVE QUALL, 40^th District

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

INTRODUCTIONS AND FIRST READING

HB 3107 by Representatives Honeyford, Cole, Clements and Lisk

AN ACT Relating to bid requirements for school district property; and amending RCW 28A.335.190.

Referred to Committee on Capital Budget.

HB 3108 by Representatives Sterk and Dunn

AN ACT Relating to transferring membership into the law enforcement officers' and fire fighters' retirement system, plan I; creating a new section; and providing an expiration date.

Referred to Committee on Appropriations.

HB 3109 by Representatives Huff, H. Sommers, Dyer and Carrell

AN ACT Relating to verification of income eligibility for the basic health plan; reenacting and amending RCW 70.47.060; and prescribing penalties.

Referred to Committee on Appropriations.

HB 3110 by Representatives Mastin, Buck and K. Schmidt

AN ACT Relating to environmental mitigation of transportation projects; amending RCW 47.12.330; and creating a new section.

Referred to Committee on Transportation Policy & Budget.

HB 3111 by Representatives Conway and Sullivan

AN ACT Relating to access to state highways by abutting property owners; and amending RCW 47.50.010.

Referred to Committee on Transportation Policy & Budget.

HB 3112 by Representative Murray

AN ACT Relating to power of attorney for health care decisions; and amending RCW 11.94.010.

Referred to Committee on Law & Justice.

HB 3113 by Representatives Boldt and Mielke

AN ACT Relating to a prohibition on tolls on existing transportation facilities; amending RCW 47.56.030; and declaring an emergency.

Referred to Committee on Transportation Policy & Budget.

HB 3114 by Representatives McMorris, Kessler, Wolfe, Lantz, Quall, Anderson, Dyer, Buck, Morris, Clements, Lisk, Gombosky, Linville, Boldt, Honeyford and Doumit

AN ACT Relating to tipped employee health care insurance; and adding a new section to chapter 49.46 RCW.

Referred to Committee on Commerce & Labor.

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

February 2, 1998

HB 1184 Prime Sponsor, Representative Van Luven: Repealing the sales tax on coin-operated laundromats in apartments and mobile home communities. Reported by Committee on Finance

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Mason; Morris; Pennington; Schoesler and Thompson.

Voting Yea: Representatives B. Thomas, Carrell, Mulliken, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Mason, Morris, Pennington, Schoesler and Thompson.

Excused: Representative Van Luven.

Passed to Rules Committee for second reading.

February 2, 1998

HB 2317 Prime Sponsor, Representative Schoesler: Limiting the promotion of gambling. Reported by Committee on Trade & Economic Development

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Van Luven, Chairman; Dunn, Vice Chairman; Veloria, Ranking Minority Member; Eickmeyer, Assistant Ranking Minority Member; Alexander; Ballasiotes; Mason; McDonald and Morris.

Voting Yea: Representatives Van Luven, Dunn, Veloria, Alexander, Ballasiotes, Eickmeyer, Mason, McDonald and Morris.

Passed to Rules Committee for second reading.

February 2, 1998

HB 2324 Prime Sponsor, Representative B. Thomas: Establishing a legal presumption in favor of persons disputing tax obligations. Reported by Committee on Finance

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Boldt; Kastama; Morris; Pennington; Schoesler and Thompson.

MINORITY recommendation: Do not pass. Signed by Representatives Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Butler; Conway and Mason.

Voting Yea: Representatives B. Thomas, Carrell, Mulliken, Boldt, Kastama, Morris, Pennington, Schoesler and Thompson.

Voting Nay: Representatives Dunshee, Dickerson, Butler, Conway and Mason.

Excused: Representative Van Luven.

Passed to Rules Committee for second reading.

February 3, 1998

HB 2436 Prime Sponsor, Representative McMorris: Eliminating review and termination of the center for international trade in forest products and delaying review and termination of the office of public defense under the Washington sunset act. Reported by Committee on Government Administration

MAJORITY recommendation: Do pass. Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Gardner, Assistant Ranking Minority Member; Doumit; Murray; L. Thomas; Wensman and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Dunn; Dunshee and Smith.

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

Voting Nay: Representatives Dunn, Dunshee and Smith.

Excused: Representative Reams.

Passed to Rules Committee for second reading.

February 2, 1998

HB 2472 Prime Sponsor, Representative Honeyford: Repealing public works board rural natural resources loans. Reported by Committee on Trade & Economic Development

MAJORITY recommendation: Do pass. Signed by Representatives Van Luven, Chairman; Dunn, Vice Chairman; Veloria, Ranking Minority Member; Eickmeyer, Assistant Ranking Minority Member; Alexander; Ballasiotes; Mason; McDonald and Morris.

Voting Yea: Representatives Van Luven, Dunn, Veloria, Alexander, Ballasiotes, Eickmeyer, Mason, McDonald and Morris.

Passed to Rules Committee for second reading.

February 3, 1998

HB 2474 Prime Sponsor, Representative Pennington: Clarifying "gifts" for purposes of ethics in public service. Reported by Committee on Government Administration

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

Excused: Representative Reams.

Passed to Rules Committee for second reading.

February 2, 1998

HB 2476 Prime Sponsor, Representative Schoesler: Providing a sales tax exemption for parts used for and repairs to farm machinery and implements used outside the state. Reported by Committee on Finance

MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Boldt; Butler; Conway; Kastama; Mason; Morris; Pennington; Schoesler; Thompson and Van Luven.

MINORITY recommendation: Do not pass. Signed by Representative Dickerson, Assistant Ranking Minority Member.

Voting Yea: Representatives B. Thomas, Carrell, Mulliken, Dunshee, Boldt, Butler, Conway, Kastama, Morris and Pennington.

Voting Nay: Representative Dickerson.

Excused: Representatives Mason, Schoesler, Thompson and Van Luven.

Passed to Rules Committee for second reading.

February 2, 1998

HB 2477 Prime Sponsor, Representative Schoesler: Adding theatrical agencies to definition of employment agency. Reported by Committee on Commerce & Labor

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Boldt; Clements; Cole; Hatfield and Lisk.

Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements, Cole, Hatfield and Lisk.

Passed to Rules Committee for second reading.

February 2, 1998

HB 2479 Prime Sponsor, Representative Schoesler: Reducing the tax on health products for animals. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin and Regala.

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

Excused: Representatives Mastin and Sump.

Referred to Committee on Finance.

February 2, 1998

HB 2501 Prime Sponsor, Representative Zellinsky: Exempting wholesale auto auctions from certain regulations. 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, Cairnes, Chandler, Constantine, Cooper, Gardner, Hatfield, Johnson, McCune, Murray, O'Brien, Radcliff, Romero, Scott, Skinner, Sterk, Wood and Zellinsky.

Excused: Representatives Buck, DeBolt, Ogden and Robertson.

Passed to Rules Committee for second reading.

February 3, 1998

HB 2503 Prime Sponsor, Representative Robertson: Authorizing consideration of the income level of customers when setting rates and charges for a storm water control facility. Reported by Committee on Government Administration

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

Excused: Representative Reams.

Passed to Rules Committee for second reading.

February 2, 1998

HB 2545 Prime Sponsor, Representative Radcliff: Exempting community radio stations from property taxation. Reported by Committee on Finance

MINORITY recommendation: Without recommendation. Signed by Representative Pennington.

Voting Yea: Representatives B. Thomas, Carrell, Mulliken, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Mason, Morris, Thompson and Van Luven.

Voting Nay: Representative Pennington.

Excused: Representative Schoesler.

Passed to Rules Committee for second reading.

February 2, 1998

HB 2555 Prime Sponsor, Representative Zellinsky: Regulating the use of aftermarket crash parts for the repair of motor vehicles. 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.

MINORITY recommendation: Without recommendation. Signed by Representative Smith, Vice Chairman.

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

Voting Nay: Representative Smith.

Passed to Rules Committee for second reading.

January 30, 1998

HB 2558 Prime Sponsor, Representative Tokuda: Correcting statutory references. Reported by Committee on Children & Family Services

MAJORITY recommendation: Do pass. Signed by Representatives Cooke, Chairman; Boldt, Vice Chairman; Bush, Vice Chairman; Tokuda, Ranking Minority Member; Kastama, Assistant Ranking Minority Member; Ballasiotes; Carrell; Dickerson; Gombosky; McDonald and Wolfe.

Voting Yea: Representatives Cooke, Boldt, Bush, Tokuda, Kastama, Carrell, Dickerson, Gombosky, McDonald and Wolfe.

Excused: Representative Ballasiotes.

Passed to Rules Committee for second reading.

February 2, 1998

HB 2574 Prime Sponsor, Representative Reams: Revising provisions for filing with the state tax board. Reported by Committee on Finance

MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Mason; Morris; Pennington; Schoesler; Thompson and Van Luven.

Voting Yea: Representatives B. Thomas, Carrell, Mulliken, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Mason, Morris, Pennington, Thompson and Van Luven.

Excused: Representative Schoesler.

Passed to Rules Committee for second reading.

January 30, 1998

HB 2588 Prime Sponsor, Representative Boldt: Regarding controlled substances as a risk factor in determining negligent treatment of a child. Reported by Committee on Children & Family Services

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cooke, Chairman; Boldt, Vice Chairman; Bush, Vice Chairman; Tokuda, Ranking Minority Member; Kastama, Assistant Ranking Minority Member; Ballasiotes; Carrell; Dickerson; Gombosky; McDonald and Wolfe.

Voting Yea: Representatives Cooke, Boldt, Bush, Tokuda, Kastama, Carrell, Dickerson, Gombosky, McDonald and Wolfe.

Excused: Representative Ballasiotes.

Passed to Rules Committee for second reading.

January 30, 1998

HB 2589 Prime Sponsor, Representative Boldt: Requiring disclosure of the names of both parents of children as a condition of eligibility for temporary assistance for needy families. Reported by Committee on Children & Family Services

Voting Yea: Representatives Cooke, Boldt, Bush, Tokuda, Kastama, Ballasiotes, Carrell, Dickerson, Gombosky, McDonald and Wolfe.

Passed to Rules Committee for second reading.

February 2, 1998

HB 2611 Prime Sponsor, Representative Keiser: Regulating mortgage insurance. 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; Smith, Vice 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, Smith, Zellinsky, Wolfe, Grant, Benson, DeBolt, Keiser, Sullivan and Wensman.

Excused: Representative Constantine.

Passed to Rules Committee for second reading.

February 2, 1998

HB 2680 Prime Sponsor, Representative L. Thomas: Clarifying the definition of capitalized cost for purposes of the consumer leasing act. Reported by Committee on Financial Institutions & Insurance

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

Passed to Rules Committee for second reading.

February 2, 1998

HB 2710 Prime Sponsor, Representative Chandler: Changing irrigation district administration. Reported by Committee on Agriculture & Ecology

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

Excused: Representatives Mastin and Sump.

Passed to Rules Committee for second reading.

February 2, 1998

HB 2782 Prime Sponsor, Representative McMorris: Authorizing special event endorsements to full service private club licenses. Reported by Committee on Commerce & Labor

Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements, Cole, Hatfield and Lisk.

Referred to Committee on Appropriations.

February 2, 1998

HB 2858 Prime Sponsor, Representative Zellinsky: Reflecting current practice for payment of taxes on rental cars. 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; Backlund; Buck; Cairnes; Chandler; Constantine; 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, Buck, Cairnes, Chandler, Constantine, Hatfield, Johnson, McCune, Murray, O'Brien, Radcliff, Robertson, Romero, Scott, Skinner, Sterk, Wood and Zellinsky.

Excused: Representatives Cooper, DeBolt, Gardner and Ogden.

Passed to Rules Committee for second reading.

January 30, 1998

HB 2900 Prime Sponsor, Representative Cooke: Providing for pro rata calculation of temporary assistance for needy families grants. Reported by Committee on Children & Family Services

MINORITY recommendation: Do not pass. Signed by Representatives Tokuda, Ranking Minority Member; Kastama, Assistant Ranking Minority Member; Dickerson; Gombosky and Wolfe.

Voting Yea: Representatives Cooke, Boldt, Bush, Ballasiotes, Carrell and McDonald.

Voting Nay: Representatives Tokuda, Kastama, Dickerson, Gombosky and Wolfe.

Referred to Committee on Appropriations.

January 27, 1998

HB 2935 Prime Sponsor, Representative Dyer: Implementing the nursing facility medicaid payment system. Reported by Committee on Health Care

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dyer, Chairman; Backlund, Vice Chairman; Skinner, Vice Chairman; Cody, Ranking Minority Member; Murray, Assistant Ranking Minority Member; Anderson; Parlette; Sherstad and Zellinsky.

MINORITY recommendation: Without recommendation. Signed by Representatives Conway and Wood.

Voting Yea: Representatives Dyer, Backlund, Skinner, Cody, Murray, Anderson, Parlette, Sherstad, and Zellinsky.

Voting Nay: Representatives Conway and Wood.

Passed to Committee on Appropriations.

February 2, 1998

HB 3001 Prime Sponsor, Representative Honeyford: Creating an exemption for wineries furnishing wine to nonprofit charitable organizations. Reported by Committee on Commerce & Labor

Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements, Cole, Hatfield and Lisk.

Passed to Rules Committee for second reading.

February 2, 1998

HB 3046 Prime Sponsor, Representative Van Luven: Permitting individuals to bring food or food items into stadiums. Reported by Committee on Trade & Economic Development

Voting Yea: Representatives Van Luven, Dunn, Veloria, Alexander, Ballasiotes, Eickmeyer, Mason, McDonald and Morris.

Passed to Rules Committee for second reading.

February 2, 1998

HB 3065 Prime Sponsor, Representative Honeyford: Reimbursing state liquor stores and agency liquor vendors for costs of credit and debit sales of liquor. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Clements; Hatfield and Lisk.

MINORITY recommendation: Do not pass. Signed by Representatives Boldt and Cole.

Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Clements, Hatfield and Lisk.

Voting Nay: Representatives Boldt and Cole.

Referred to Committee on Appropriations.

February 2, 1998

HB 3096 Prime Sponsor, Representative Zellinsky: Declaring the state's preemption of excise or privilege taxes on health care services. Reported by Committee on Financial Institutions & Insurance

MINORITY recommendation: Without recommendation. Signed by Representative Constantine.

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

Voting Nay: Representative Constantine.

Excused: Representative Sullivan.

Passed to Committee on Finance.

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 eighth order of business.

MOTION

Representative Lisk moved that the remarks of Representatives Thompson, Murray, Sheahan and Appelwick on Engrossed Substitute House Bill No. 1130 be spread upon the Journal. The motion was adopted.

Remarks on Engrossed Substitute House Bill No. 1130 by selected members of the House of Representatives:

"Representative Thompson: Thank you, Mr. Speaker and members of the Legislature. We did not come on this debate lightly. We have discussed this with legal counsel, both in the Legislative arena and outside of Olympia. The consensus is that until we have for ourselves as a State what the definition of marriage should be, we leave ourselves open to the laws of other states. More specifically in Hawaii and more recently now in Vermont, we have pending court decisions that could require that marriage between couples of the same sex would be legal. Our current law which prohibits same gender marriage is based on appellate court ruling in 1974 which said that limited to one man and one woman did not violate the constitution and the court recognized the traditional practice of law.

This bill also has the referendum to go to the people. As you know, we passed a similar bill last year and the Governor vetoed it. We think that the people of Washington State should have the opportunity to make this decision rather than the judge in another state. But I just said that there is law so why is the need for this bill? We have all read in the newspaper the question when asked of Governor Locke why do we need this bill?, and he says 'we don't we already have a law'. So I think it is important that we explain just briefly what the law is that we have. The current law is not a Supreme Court law and in effect actually does not cover the whole state as law. It is an appellate court decision in the First Division, the First Division covers from King County north, west of the Cascades. The Second Division counties include Pierce County and south to the Columbia River and then the Third Division is Eastern Washington. What I have been told is that although this does have the force of law in the First Division, it does not have the force of law in the other two Divisions although it would be strongly be taken into consideration on any ruling that we have. What we have to do in this case is to make sure that we get this in statute. Right now this subject is silent in statute. Even though there is clear historical intent as recognized by the Appellate Court we are currently one court decision away from having a decision dictated to us by a judge that could be either in Hawaii or now Vermont and as time passes maybe even other states.

This bill is necessary because the laws that define marriage in our society our important. And they should clearly articulate our desired policy. Ambiguity only invites lawsuits. We are law makers and we should make the laws that the citizens of Washington State want and this is an opportunity to let them take part in it. If we look at the law that the Governor is referring to from the Appellate Court let's say just for example that court or that law or that ruling was made by the Supreme Court. In Washington State then that would be a law covering the total state. But still there is one problem: this does not cover the situation with full faith and credits in the situation reciprocity with other states. We can say that you could not get a same gender marriage in Washington State but we have nothing to say that you couldn't go to another state and get a same gender marriage or some other marriage that exceeds beyond what our law is and then come to Washington State and we would have to accept it. We already have a precedence in this case whether we have common law marriage - you can't get a common law marriage in Washington State but we accept it from other states. We currently accept all marriages from all other states. This is something that now we have to clarify. This bill gives us that clear statutory policy. It does basically two things: it says number one we define marriage as a contract between one man and one woman. That is basically it. But then two it says that we will not honor any marriages from other states even though they might be legal in other states if they don't meet this requirement of one man and one woman. If we fail to act on this debate, we will continue to have the problems and it will open up a lot of difficulties with legality. This is a situation we need to be clear about, it is probably going to be contested. It is a very serious issue. But at the least rather than to turn this over to a judge of another state, we need to be clear in what we do and I believe we need to give this opportunity to the people of the state. Let them speak. This is a serious issue. But it is something that we must deal with and I think that now is the time. We worked on this for three years and we should be able to make our decision and move forward.

You know one of the things I noticed in the debate that we had last year - there was great concern actually on both sides but it was in the debate on the other side of the aisle that there was great concern about violence. One of the situations we have right now were we have the ability of hindsight that they didn't have at that time was to look at some of the cases that were actually used in the debate. And although they were violent, and things that none of us want to happen, there were other parts of the story that weren't clear at time. These were all initially identified in the news media as hate crimes against homosexuals. And it is not to say that there aren't any. But in one case it was brought up where two lesbians were shot, were murdered because of their lesbian relationship. Later on though we found out when they caught the people that actually did it, that is was a robbery. This individual had forced them to write a large check to him and then as he stated if he didn't kill them they would have canceled the check. Two other situations were very tragic where two homosexuals were killed with a fire bomb in Oregon. When they finally caught the people that did it, it turned out that it was apparently some type of drug or gang related situation and unfortunately the homosexuals were not the target. It was other people that were involved in a problem that had actually started that morning. But it was not because of a hate crimes specifically against homosexuals. The incident that was explained in Tacoma where two homosexuals were talking about their condo had been trashed and they had a lot of goods stolen. It was later actually found that they had done it themselves to collect the insurance and in fact a lot of the things that were supposedly stolen were found in storage. I could go on but we looked at every incident that was brought up last year and time after time we found that there was a little bit more to the story. I think that probably one of the final things is the initiative that we just ran last year, 677 which was pretty much overwhelmingly rejected by the people. And this was a case where the homosexual community went out and got the signatures and put the initiative on the ballot. They did it the right way but I'm especially proud of the people of Washington State because the issue was handled in a very rational and reasonable way. The arguments were made but there was absolutely no violence. Certainly this the intent on what we are doing right now. We do not want any violence that is certainly not our intent but we feel that marriage is extremely important.

I believe that people that say that we have more important things to do and we shouldn't even be wasting time on this are short sighted. Marriage and the family are the basic unit of society and civilizations that have varied from that foundation have failed. In a quick summation, please let this vote go to the people so that the people of Washington State can make this decision and we are not caught in a situation on reciprocity or full faith and credits where we are forced to accept something that happens in another state.

Thank you.

Representative Sheahan: Thank you Mr. Speaker. Members of the House. Before any of us were born, before we were a State, a territory, a nation marriage was a cotenant relationship between a man and woman. We have carried that tradition into the state of Washington up until this time. This bill isn't about an assault on a group of people or of a lifestyle. This bill is about upholding that institution of marriage. This bill is about who decides if there is going to be change to that institution. Should a decision be made by an unelected judge in another state for example Hawaii or Vermont or should the decision be made by those of us here in this State. If the people who disagree with this bill, if the people who feel that homosexual marriage should be allowed in this State, they have every right to petition the Legislature, they have every right to seek an initiative on the ballot, to change that.

The key is that the decision is ours, the decision should not be forced upon us by people in another state. The fine gentleman who spoke previously (Representative Constantine) talked about the legal issues involved. Clearly there is an Appellate Court decision that gives us some guidance on this issue. But it is not controlling. The Supreme Court of this State has not made a decision on this issue. We could have another case in another appellant division in this State that could decide the issue in the opposite way and then it would go to the Supreme Court. It is important if we are going to keep control of this issue that we put the language into the statute into the law that guides the courts. There have been court decisions in the past couple of years where certain justices of the Supreme Court have said that if an issue is brought before the Legislature, even if it fails that that can be brought into play when we look at legislative intent. So it is important to realize that Supreme Court is looking at what we do and it is looking at what we don't do as well. So the key here is to make sure that we have the statute in law, that we are very clear of what we want to accomplish, we are very clear of what the traditions have been and that we are very clear that we want to have control of the issue. Again if anyone wants to change what has been the tradition for hundreds and thousands of years, this does not take away their right to do that. But it should be our decision not someone from another state.

Thank you Mr. Speaker.

Representative Murray: Thank you Mr. Speaker. I actually have two speeches I could give on this bill, the first one would be short, it would go something like this: Some of my friends are for this issue and some of my friends are against this issue. And I am with my friends on this issue.

But on a serious note, we heard from the member from the 34^th District describe in great detail that this bill neither deals with the issue of changing current law because current law says I cannot marry my partner nor does it deal with the issue of preventing me from going to some future mythical state and getting married and come back into the State of Washington. So then why are we for the third year in a row, debating a bill that does nothing. The reasons are many, as many as there are people in this chamber today. There are members from both parties in this chamber who simply believe that tradition dictates that marriage is between a man and a woman. They have indicated to me, again members from both parties, that if given the opportunity they would vote for domestic partnership benefits for same sex couples but they would not vote for marriage. I can respect that position although I disagree with it. There are those in this chamber, again in both parties, who will vote this bill simply because they have heard from their constituents that they are tired of the money, the time and the energy that has put into this bill and the failure to address the issues that very effect their lives. I can understand that. A lot of my constituents feel the same way.

Regrettably, there are those who view this piece of legislation as an instrument of hate. This year we did not hear that in our committee hearings but we did hear it again from members on the radio, on TV, and in the newspapers. Again we heard an attack on the lesbian and gay citizens of this State, again we heard them demonized. We have heard a member of this body suggest that we should take homosexuals and put them on a boat and ship them out of the country. The prime sponsor, in promoting this bill, has said that lesbians and gays should be sent off to be re-programmed as heterosexuals. Again, as I have said in the past, this Legislature has been used not to discuss the institution of marriage but instead to malign this lesbian and gay citizens of this State. Again by accusations of child molestations, depravity, and vulgar discussions of sexual acts that have no place in fact and should have no place in this Legislature. The sponsor of this bill as recently as two nights ago suggested that I be re-programmed. And has used Christian scripture to condemn gays and lesbians. I am a Roman Catholic. And I must point out to you that statement of Roman Catholic Bishops of the United States who have said "Homosexual orientation is experienced as a given not as something freely chosen. By itself therefore homosexual orientation cannot be considered sinful for morality presumes a freedom to choose."

It is not the place of the sponsor of this bill to use it insidiously to dictate to myself or my church what my religious are and what actions I should take. Instead the whole discussion of what a religion chooses to do should not be dictated by this body but should be decided by the temples, synagogues and churches of this State.

Mr. Speaker, to those who have suggested that lesbians and gays be placed on a boat and sent out of this country, I have something to say. My grandparents came on a boat, a fairly horrendous boat from Ireland to this country to escape persecution. My father fought and was wounded in the Second War World. My partner's father fought in the 442^nd during the Second War World, the most decorated unit of that war in this country. They did not fight countries that wanted to re-program and transport people off to other places to have their sons have this directed at them.

And I must say on a personal note because I am the only member of this Legislature that is effected by this piece of legislation, I have to say something about families because ultimately this bill is an attack on families of Washington State. Again I want to talk about my family. Immigrated from Ireland, settled and logged Grays Harbor County. My partner's families, immigrated from Japan, settled and built the railroads in Spokane County. What makes us so different, what makes us so horrendous that we can not be entitled to the same rights and privileges of other citizens of this State. We learned something from those hard but loving immigrants, we learned to be proud, we learned to fight, we learned never to back down. And our families have joined us in this fight and I know someday in this State, in my native state, in my partner's native state, that we will be married.

Finally, I would encourage the Washington State Legislature instead of vilifying gay and lesbian citizens that again to listen to the Roman Catholic Bishops who have said "Human rights for homosexual persons are to be respected and defended. All of us must strive to eliminate any form of injustice, oppression, or violence against them." I urge you to vote no on this bill.

Thank you.

Representative Appelwick: Thank you Mr. Speaker. Ladies and Gentlemen. I am troubled about where this debate hasn't gone. I want to speak about two things: the marriage issue and the referendum issue. I don't believe this issue has a place on the ballot. I believe it is divisive, I believe it is very emotional, I believe it is very negative, I believe it is even hateful. If you believe the issue is right or wrong, face it here. Don't duck your elective responsibility and go lobbing it off.

Secondly, I want to be critical. I think that many people here have been very inattentive and I think that this is one of those handful of issues that require more respect then has been shown today. I want to take the issue one step farther. I think the issue and I speak for myself and not for my caucus or for anyone else, this issue is going one hundred and eighty degrees the wrong way. The bill in front of us should be to legalize marriages between gay men and each other, and lesbian women and each other.

A little history. I want to go back a couple of centuries. Women were property. The state did not have to license marriages because men gave them away. Children were property. Well, our thinking is a little more modern today isn't it? I come to this country - We throw religious freedom around in a very casual way. The reality is that there was a time when the lady from the 13^th making a statement about being a Roman Catholic could have gotten her imprisoned. We've come a long way, haven't we? African Americans in this country were property. They could not get a license to get married because they weren't human. We've come a long way. The lady from Tacoma (Regala) spoke of her interracial marriage - maybe when you say interracial you don't immediately think of her husband and her. You maybe think of African American and a White. That marriage was illegal in this country, it was illegal here from 1691 to 1967. It was wrong, it threatened marriage, it threatened wholesome religious people. But we've come a long way finally.

And here we stand with another step that needs to be taken. Homosexuality is not learned, it is not taught to your children, it is not a threat to you individually or to me or to our children or to our churches. The marriage statutes of this State require no one get married. They require no church to administer a marriage to anyone holding a license from this State. The sacrament is available from the church at the church's discretion to those that it believes are ready and appropriate. Had we a bill in front of us that required us to issue marriage licenses from the state to homosexual couples it would not cause any church to have to administer that marriage and give a sacrament. Because we have religious freedom. It would require the judges in this State administer that oath. So what is the State's interest in this license anyway? We can't cause a marriage and we can't prevent a marriage. Even without a license a church can marry people and recognize them before God and the church community. That is a very clear doctrine. We issue licenses to people who don't believe in God. We issue licenses to convicted felons. We issue licenses to convicted sex offenders. We issue licenses to Muslims, to Agnostics, to Atheists, to Protestants, to Catholics, to Mormons. Pick a denomination. Interfaith marriages were extremely taboo just twenty and thirty years ago. We've come a long way.

The reason the State issues a license has to do with things the State has an interest in. Genetic damage due to incest - is that a problem in gay marriages? I don't think so. The lineage of children in child support and custody? I don't think so. Gays and lesbians now who have their own genetic children or who adopt, those laws adequately cover them. The third reason has to do with recognizing monogamous relationships and affirming relationships. Does that apply? Yeah! We all believe that monogamy and loyalty and fidelity are important. We have heard it in debates about spreading diseases. We have heard it in debates about morality. And there is no difference between monogamy and loyalty in a gay marriage or a heterosexual marriage. And why not affirm that if it has no religious significance. It doesn't require a church, your church or mine, or any church to recognize it. And the fourth issue is property and that is really the State's interest. And it is the second interest in the gay community. Because on heterosexual couples we confirm community property rights which means the property transfers on death automatically. We provide pension succession rights. Insurance benefits for health and life insurance. And there are also Federal tax benefits and consequences. And so we say, you can be a monogamous heterosexual couple and you will have these benefits because you live together and you try to have a household, whether or not you have children, whether or not you are the most immoral mean-spirited SOB around, you get those benefits. But if you are the most otherwise moral, religious but gay couple you don't get those property rights. You are not equal citizens anymore than that interracial couple was sixty years ago or the black couple was hundred years ago or a woman was six hundred years ago. You aren't whole. And ladies and gentlemen, whether this bill passes or fails, there will come a time where under the Constitution of this United States, it will clearly be stated that it violates the human rights and dignity and equal protection under the Constitution to treat these people this way. And that's why I feel firmly in my heart that history will say this was a horrific mistake. And a very mean thing to do.

Thank you Mr. Speaker."

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

MOTION

On motion of Representative Lisk, the House adjourned until 9:55 a.m., Thursday, February 5, 1998.

TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker