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THIRTY FIRST DAY

MORNING SESSION

House Chamber, Olympia, Tuesday, February 11, 1998

The House was called to order at 9:00 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 Megan Probach and Brianna Aho. Prayer was offered by Pastor Randal Burdis, Neighborhood Christian Center, Olympia.

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

MESSAGE FROM THE SENATE

February 10, 1998

Mr. Speaker:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5582,

ENGROSSED SENATE BILL NO. 6123,

SENATE BILL NO. 6149,

SENATE BILL NO. 6171,

SENATE BILL NO. 6219,

SENATE BILL NO. 6278,

SENATE BILL NO. 6287,

SENATE BILL NO. 6299,

SENATE BILL NO. 6337,

SENATE BILL NO. 6348,

SENATE BILL NO. 6355,

SENATE BILL NO. 6536,

SUBSTITUTE SENATE BILL NO. 6550,

and the same are herewith transmitted.

Susan Carlson, Deputy Secretary

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

THIRD READING

SUBSTITUTE HOUSE BILL NO. 1992, by House Committee on Commerce & Labor (originally sponsored by Representatives McMorris, Honeyford, Clements and Thompson)

Implementing workplace safety rules.

Representatives Honeyford and Conway spoke in favor of the passage of the bill.

MOTIONS

On motion of Representative DeBolt, Representative Mulliken was excused. On motion of Representative Kessler, Representatives Costa and Poulsen were excused.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1992.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1992 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

Excused: Representatives Costa, Mulliken and Poulsen - 3.

Substitute House Bill No. 1992, having received the constitutional majority, was declared passed.

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

SECOND READING

HOUSE BILL NO. 2363, by Representatives Backlund, Cody, Skinner, Dyer, Anderson and D. Sommers; by request of Department of Health

Enacting department of health recommendations removing barriers to nurse delegation.

The bill was read the second time. There being no objection, Substitute House Bill No. 2363 was substituted for House Bill No. 2363 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2363 was read the second time.

Representative Backlund moved the adoption of amendment (838):

On page 7, after line 26, insert the following:

"NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Correct the title.

Representative Backlund 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 Backlund, Cody and Dyer spoke in favor of the passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2363.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2363 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Mulliken and Poulsen - 2.

Engrossed Substitute House Bill No. 2363, having received the constitutional majority, was declared passed.

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

THIRD READING

SUBSTITUTE HOUSE BILL NO. 2823, by House Committee on Law & Justice (originally sponsored by Representatives Lambert and Constantine)

Changing statutes affecting deeds of trust.

There being no objection, the rules were suspended and Substitute House Bill No. 2823 was returned to second reading for purposes of amendment.

Representative Constantine moved the adoption of amendment (848):

On page 2, line 34, after "2)))" strike "Subject to RCW 61.24.020, the" and insert "The"

On page 4, line 5, strike "either"

On page 4, line 5, after "beneficiary" strike "or an affiliate of the beneficiary"

Representatives Constantine and Lambert 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 Lambert and Constantine spoke in favor of the passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2823.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2823 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Mulliken and Poulsen - 2.

Engrossed Substitute House Bill No. 2823, having received the constitutional majority, was declared passed.

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

SECOND READING

HOUSE BILL NO. 3098, by Representative Sehlin

Providing for the coordination of environmental restoration priorities and mitigation responsibilities.

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 Sehlin and Ogden spoke in favor of the passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Bill No. 3098.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 3098 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Mulliken and Poulsen - 2.

House Bill No. 3098, having received the constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4032, by Representatives Buck, Butler, Chandler, DeBolt, Sehlin, Hatfield, McCune, Doumit, Kessler, Zellinsky and Thompson

Regarding salmon and steelhead under the federal Endangered Species Act.

The memorial 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 Buck and Regala spoke in favor of the passage of the memorial.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Joint Memorial No. 4032.

ROLL CALL

The Clerk called the roll on the final passage of House Joint Memorial No. 4032 and the memorial passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Mulliken and Poulsen - 2.

House Joint Memorial No. 4032, having received the constitutional majority, was declared passed.

The Speaker assumed the chair.

HOUSE BILL NO. 1637, by Representatives Costa, Ballasiotes, Dickerson, Keiser, Wood, Ogden, Blalock, Cooke and Scott

Implementing teen court programs.

The bill was read the second time.

Representative Sheahan moved the adoption of amendment (837) by Representative Costa:

Beginning on page 1, line 4, strike all of section 1 and insert:

"Sec. 1. RCW 13.40.020 and 1997 c 338 s 9 are each amended to read as follows:

For the purposes of this chapter:

(1) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

(2) Community-based sanctions may include one or more of the following:

(a) A fine, not to exceed one hundred dollars;

(b) Community service not to exceed one hundred fifty hours of service;

(3) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

(4) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:

(a) Community-based sanctions;

(b) Community-based rehabilitation;

(d) Posting of a probation bond;

(5) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

(6) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);

(7) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before July 1, 1997, or a deferred disposition shall not be considered part of the respondent's criminal history;

(8) "Department" means the department of social and health services;

(9) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

(10) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, teen court under the supervision of the juvenile court, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

(11) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

(12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

(13) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;

(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;

(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

(16) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

(17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;

(18) "Minor or first offender" means a person whose current offense(s) and criminal history fall entirely within one of the following categories:

(a) Four misdemeanors;

(b) Two misdemeanors and one gross misdemeanor;

(d) Three gross misdemeanors.

For purposes of this definition, current violations shall be counted as misdemeanors;

(19) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

(20) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

(21) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

(22) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

(23) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

(24) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

(25) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:

(a) A class A felony, or an attempt to commit a class A felony;

(b) Manslaughter in the first degree; or

(c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon;

(26) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

(27) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

(28) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

(29) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;

(30) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

(31) "Violent offense" means a violent offense as defined in RCW 9.94A.030.

This section expires July 1, 1998.

Sec. 2. RCW 13.40.020 and 1997 c 338 s 10 are each amended to read as follows:

For the purposes of this chapter:

(2) Community-based sanctions may include one or more of the following:

(a) A fine, not to exceed five hundred dollars;

(b) Community service not to exceed one hundred fifty hours of service;

(a) Community-based sanctions;

(b) Community-based rehabilitation;

(d) Posting of a probation bond;

(6) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);

(7) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history;

(8) "Department" means the department of social and health services;

(11) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

(12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

(16) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community service; or (d) $0-$500 fine;

(17) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

(18) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

(19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

(20) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

(21) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

(22) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

(23) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

(24) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

(25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

(26) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

(27) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;

(28) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

(29) "Violent offense" means a violent offense as defined in RCW 9.94A.030."

Renumber the remaining section and correct the title.

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 Sheahan, Carlson, Constantine and Costa spoke in favor of passage of the bill.

MOTIONS

On motion of Representative Cairnes, Representative Clements was excused. On motion of Representative Cooper, Representative Kessler was excused.

The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1637.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1637 and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 0, Excused - 3.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.

Voting nay: Representatives Buck and Schoesler - 2.

Excused: Representatives Clements, Kessler and Mulliken - 3.

Engrossed House Bill No. 1637, having received the constitutional majority, was declared passed.

There being no objection, the House deferred action on House Bill No. 2277 and it held its place on second reading.

HOUSE BILL NO. 2311, by Representatives L. Thomas, Benson, Zellinsky and Dyer

Adjusting the jurisdictional amount for small claims court.

The bill was read the second time. There being no objection, Substitute House Bill No. 2311 was substituted for House Bill No. 2311 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2311 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 Kastama spoke in favor of passage of the bill.

Representatives Constantine and Cooke spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2311.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2311 and the bill passed the House by the following vote: Yeas - 56, Nays - 38, Absent - 1, Excused - 3.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Honeyford, Huff, Johnson, Kastama, Koster, Lambert, Lantz, Linville, Lisk, McCune, McDonald, McMorris, Mielke, Mitchell, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, 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, Boldt, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Hickel, Keiser, Kenney, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 38.

Absent: Representative Mastin - 1.

Excused: Representatives Clements, Kessler and Mulliken - 3.

Substitute House Bill No. 2311, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on Substitute House Bill No. 2311.

DAVE MASTIN, 16th District

There being no objection, the House deferred action on House Bill No. 2312 and the bill held its place on second reading.

HOUSE BILL NO. 2317, by Representatives Schoesler, Sheahan, Crouse, Backlund, Lambert, McCune, Pennington, Bush, D. Sommers and Sullivan

Limiting the promotion of gambling.

The bill was read the second time. There being no objection, Substitute House Bill No. 2317 was substituted for House Bill No. 2317 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2317 was read the second time.

Representative Schoesler moved the adoption of amendment (830):

On page 1, line 9, after "RCW 9.46.360" insert ", if a tribal government has paid all required mitigation fees to a local government"

Representative Schoesler 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 Schoesler and Veloria 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. 2317.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2317 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

Excused: Representatives Clements, Kessler and Mulliken - 3.

Engrossed Substitute House Bill No. 2317, having received the constitutional majority, was declared passed.

There being no objection, the House deferred action on House Bill No. 2324 and it held its place on second reading.

HOUSE BILL NO. 2349, by Representatives Ogden, Gardner, Romero, Butler, Chopp, Costa, Anderson, Kenney, Cooper, Constantine, Conway and Lantz

Funding capital projects for local nonprofit art and cultural organizations.

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 Ogden and Sehlin spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 2349.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2349 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Clements, Kessler and Mulliken - 3.

House Bill No. 2349, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2360, by Representatives L. Thomas, Romero, Huff, Wolfe, Ogden, H. Sommers, D. Schmidt, Gardner and Anderson; by request of State Treasurer

Authorizing financing contracts.

The bill was read the second time. There being no objection, Substitute House Bill No. 2360 was substituted for House Bill No. 2360 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2360 was read the second time.

There being no objection, the amendment by Committee on Capital Budget was adopted. (For committee amendment, see Journal, 26^th Day, February 6, 1998.)

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 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 Engrossed Substitute House Bill No. 2360.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2360 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Clements, Kessler and Mulliken - 3.

Engrossed Substitute House Bill No. 2360, having received the constitutional majority, was declared passed.

There being no objection, House Bill No. 2324 was returned to the Rules Committee.

There being no objection, the House deferred action on House Bill No. 2414, House Bill No. 2424 and House Bill No. 2432, and the bills held their places on second reading.

HOUSE BILL NO. 2434, by Representatives Pennington, Delvin, Mielke and L. Thomas

Increasing maximum height for motorcycle handlebars.

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 Pennington spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 2434.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2434 and the bill passed the House by the following vote: Yeas - 80, Nays - 15, Absent - 0, Excused - 3.

Voting yea: Representatives Alexander, Anderson, Backlund, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Constantine, Conway, Cooke, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McMorris, Mielke, Mitchell, Morris, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wood, Zellinsky and Mr. Speaker - 80.

Voting nay: Representatives Appelwick, Ballasiotes, Cody, Cole, Cooper, Dickerson, Fisher, Mason, McDonald, Murray, Regala, Sterk, Tokuda, Veloria and Wolfe - 15.

Excused: Representatives Clements, Kessler and Mulliken - 3.

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

STATEMENT FOR THE JOURNAL

I intended to vote YEA on House Bill No. 2434.

JIM CLEMENTS, 14th District

HOUSE BILL NO. 2435, by Representatives Pennington, Appelwick, Constantine, Ogden, Cooper, Kessler, Gardner, Wolfe, Butler, Costa, Linville, D. Schmidt, Murray, Morris, Anderson and Gombosky; by request of Public Disclosure Commission

Enhancing reporting of independent campaign expenditures.

The bill was read the second time. There being no objection, Substitute House Bill No. 2435 was substituted for House Bill No. 2435 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2435 was read the second time.

Representative Dunshee moved the adoption of the following amendment by Representative Dunshee: (849)

On page 1, line 13, after "public." insert "The report must also be filed at the same time with the county elections officer of the county of residence for the candidate supported or opposed by the independent expenditure, in the case of an independent expenditure relating to a candidacy, or the county of residence of the person making the expenditure, in the case of an independent expenditure in support of or against a ballot proposition. A copy of the report must also be mailed on the same day that the report is filed to each candidate running for the office, in the case of an independent expenditure relating to a candidacy, or the political committee supporting and the political committee opposing the ballot proposition, in the case of an independent expenditure in support of or against a ballot proposition."

On page 2, line 16, after "(g)" insert "A copy of the advertising if the expenditure is in the form of political advertising;

(h) If the expenditure is undertaken by a nonindividual, the names, business addresses, and employers of the officers or responsible leaders and treasurer of the nonindividual, the name and address of the five persons making the largest contributions to the nonindividual, and a general description of the nature of interests represented by the nonindividual, and each of the five persons making the largest contributions to the nonindividual; and

(i)"

POINT OF ORDER

Representative Pennington requested a Scope and Object ruling on amendment 849 to Substitute House Bill No. 2435.

There being no objection, the House deferred action on Substitute House Bill No. 2435.

There being no objection, the House deferred action on House Bill No. 2439 and House Bill No. 2451 and they held their places on second reading.

HOUSE BILL NO. 2459, by Representatives Veloria, Van Luven, Butler, Cody, Mason, Conway, McDonald, Kenney, Kastama, Dickerson and Keiser

Regulating public housing authorities in large jurisdictions.

The bill was read the second time. There being no objection, Substitute House Bill No. 2459 was substituted for House Bill No. 2459 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2459 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 Veloria 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. 2459.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2459 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Clements, Kessler and Mulliken - 3.

Substitute House Bill No. 2459, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2465, by Representatives Dyer, Cody, Backlund, L. Thomas and Cooke

Expanding the privileged communication from physician-patient to the health care provider and patient privilege.

The bill was read the second time.

Representative Dyer moved the adoption of amendment (836):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 5.60.060 and 1997 c 338 s 1 are each amended to read as follows:

(1) A husband shall not be examined for or against his wife, without the consent of the wife, nor a wife for or against her husband without the consent of the husband; nor can either during marriage or afterward, be without the consent of the other, examined as to any communication made by one to the other during marriage. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse if the marriage occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said husband or wife against any child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 70.96A or 71.05 RCW: PROVIDED, That the spouse of a person sought to be detained under chapter 70.96A or 71.05 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.

(2)(a) An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.

(b) A parent or guardian of a minor child arrested on a criminal charge may not be examined as to a communication between the child and his or her attorney if the communication was made in the presence of the parent or guardian. This privilege does not extend to communications made prior to the arrest.

(3) A member of the clergy or a priest shall not, without the consent of a person making the confession, be examined as to any confession made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs.

(4) Subject to the limitations under RCW 70.96A.140 or 71.05.250, a physician or surgeon or osteopathic physician or surgeon or podiatric physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows:

(a) In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and

(b) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.

(5) A public officer shall not be examined as a witness as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure.

(6)(a) A peer support group counselor shall not, without consent of the law enforcement officer making the communication, be compelled to testify about any communication made to the counselor by the officer while receiving counseling. The counselor must be designated as such by the sheriff, police chief, or chief of the Washington state patrol, prior to the incident that results in counseling. The privilege only applies when the communication was made to the counselor while acting in his or her capacity as a peer support group counselor. The privilege does not apply if the counselor was an initial responding officer, a witness, or a party to the incident which prompted the delivery of peer support group counseling services to the law enforcement officer.

(b) For purposes of this section, "peer support group counselor" means a:

(i) Law enforcement officer, or civilian employee of a law enforcement agency, who has received training to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity; or

(ii) Nonemployee counselor who has been designated by the sheriff, police chief, or chief of the Washington state patrol to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity.

(7) A sexual assault advocate may not, without the consent of the victim, be examined as to any communication made by the victim to the sexual assault advocate.

(a) For purposes of this section, "sexual assault advocate" means the employee or volunteer from a rape crisis center, victim assistance unit, program, or association, that provides information, medical or legal advocacy, counseling, or support to victims of sexual assault, who is designated by the victim to accompany the victim to the hospital or other health care facility and to proceedings concerning the alleged assault, including police and prosecution interviews and court proceedings.

(b) A sexual assault advocate may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person. Any sexual assault advocate participating in good faith in the disclosing of records and communications under this section shall have immunity from any liability, civil, criminal, or otherwise, that might result from the action. In any proceeding, civil or criminal, arising out of a disclosure under this section, the good faith of the sexual assault advocate who disclosed the confidential communication shall be presumed."

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.

Representatives Dyer and Cody 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. 2465.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2465, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Clements, Kessler and Mulliken - 3.

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

HOUSE BILL NO. 2469, by Representative Lambert

Increasing the blood supply through directed donations.

The bill was read the second time. There being no objection, Substitute House Bill No. 2469 was substituted for House Bill No. 2469 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2469 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 Lambert, Cody and Talcott spoke in favor of passage of the bill.

Representative Murray spoke against passage of the bill.

Representative Lambert again 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. 2469.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2469 and the bill passed the House by the following vote: Yeas - 81, Nays - 14, Absent - 0, Excused - 3.

Voting yea: Representatives Alexander, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Cody, Cole, Conway, Cooke, Cooper, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Gardner, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, O'Brien, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 81.

Voting nay: Representatives Anderson, Chopp, Constantine, Costa, Eickmeyer, Fisher, Gombosky, Mason, Murray, Ogden, Regala, Romero, Sommers, H. and Tokuda - 14.

Excused: Representatives Clements, Kessler and Mulliken - 3.

Substitute House Bill No. 2469, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2476, by Representatives Schoesler, Sheahan, Honeyford, Sump, Mulliken, Buck, Chandler, McMorris and Zellinsky

Providing a sales tax exemption for parts used for and repairs to farm machinery and implements used outside the state.

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 Dunshee spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 2476.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2476 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Clements, Kessler and Mulliken - 3.

House Bill No. 2476, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2483, by Representatives Dunn, Wolfe and D. Schmidt; by request of Department of Information Services

Protection of taxpayer funded computer software.

The bill was read the second time. There being no objection, Substitute House Bill No. 2483 was substituted for House Bill No. 2483 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2483 was read the second time.

Representative Wensman moved the adoption of amendment (842):

On page 7, line 6, after "by" insert "state"

Representatives Wensman and Scott 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 Dunn and Scott 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. 2483.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2483 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Clements, Kessler and Mulliken - 3.

Engrossed Substitute House Bill No. 2483, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2532, by Representatives Sheahan, Costa, Lambert, Cody, Sterk, Veloria, Mason, Kenney, O'Brien, Cole, Conway, Dickerson, Chopp, Kessler, Constantine and Wood

Recognizing foreign protection orders.

The bill was read the second time. There being no objection, Substitute House Bill No. 2532 was substituted for House Bill No. 2532 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2532 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 Sheahan 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. 2532.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2532 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Clements, Kessler and Mulliken - 3.

Substitute House Bill No. 2532, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2549, by Representatives L. Thomas, Wolfe and Thompson; by request of Insurance Commissioner

Establishing risk-based capital standards for health carriers.

The bill was read the second time.

Representative L. Thomas moved the adoption of amendment (827):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The definitions in this section apply throughout sections 1 through 14 of this act unless the context clearly requires otherwise.

(1) "Adjusted RBC report" means an RBC report that has been adjusted by the commissioner in accordance with section 2(4) of this act.

(2) "Corrective order" means an order issued by the commissioner specifying corrective actions that the commissioner has determined are required.

(3) "Domestic carrier" means any carrier domiciled in this state, or any person or entity subject to chapter 48.42 RCW domiciled in this state.

(4) "Foreign or alien carrier" means any carrier that is licensed to do business in this state but is not domiciled in this state, or any person or entity subject to chapter 48.42 RCW not domiciled in this state.

(5) "NAIC" means the national association of insurance commissioners.

(6) "Negative trend" means, with respect to a carrier, a negative trend over a period of time, as determined in accordance with the "trend test calculation" included in the RBC instructions.

(7) "RBC" means risk-based capital.

(8) "RBC instructions" means the RBC report including risk-based capital instructions adopted by the NAIC, as such RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC.

(9) "RBC level" means a carrier's company action level RBC, regulatory action level RBC, authorized control level RBC, or mandatory control level RBC where:

(a) "Company action level RBC" means, with respect to any carrier, the product of 2.0 and its authorized control level RBC;

(b) "Regulatory action level RBC" means the product of 1.5 and its authorized control level RBC;

(c) "Authorized control level RBC" means the number determined under the risk-based capital formula in accordance with the RBC instructions;

(d) "Mandatory control level RBC" means the product of .70 and the authorized control level RBC.

(10) "RBC plan" means a comprehensive financial plan containing the elements specified in section 3(2) of this act. If the commissioner rejects the RBC plan, and it is revised by the carrier, with or without the commissioner's recommendation, the plan shall be called the "revised RBC plan."

(11) "RBC report" means the report required in section 2 of this act.

(12) "Total adjusted capital" means the sum of:

(a) Either a carrier's statutory capital and surplus or net worth, or both, as determined in accordance with statutory accounting applicable to the annual financial statements required to be filed with the commissioner; and

(b) Other items, if any, as the RBC instructions may provide.

NEW SECTION. Sec. 2. (1) Every domestic carrier shall, on or prior to the filing date of March 1st, prepare and submit to the commissioner a report of its RBC levels as of the end of the calendar year just ended, in a form and containing such information as is required by the RBC instructions. In addition, every domestic carrier shall file its RBC report:

(a) With the NAIC in accordance with the RBC instructions; and

(b) With the insurance commissioner in any state in which the carrier is authorized to do business, if the insurance commissioner has notified the carrier of its request in writing, in which case the carrier shall file its RBC report not later than the later of:

(i) Fifteen days from the receipt of notice to file its RBC report with that state; or

(ii) The filing date.

(2) A carrier's RBC shall be determined in accordance with the formula set forth in the RBC instructions. The formula shall take into account (and may adjust for the covariance between):

(a) The risk with respect to the carrier's assets;

(b) The risk of adverse insurance experience with respect to the carrier's liabilities and obligations;

(d) All other business risks and such other relevant risks as are set forth in the RBC instructions; determined in each case by applying the factors in the manner set forth in the RBC instructions.

(3) An excess of capital over the amount produced by the risk-based capital requirements contained in sections 1 through 14 of this act and the formulas, schedules, and instructions referenced in sections 1 through 14 of this act is desirable in the business of insurance. Accordingly, carriers should seek to maintain capital above the RBC levels required by sections 1 through 14 of this act. Additional capital is used and useful in the insurance business and helps to secure a carrier against various risks inherent in, or affecting, the business of insurance and not accounted for or only partially measured by the risk-based capital requirements contained in sections 1 through 14 of this act.

(4) If a domestic carrier files an RBC report that in the judgment of the commissioner is inaccurate, then the commissioner shall adjust the RBC report to correct the inaccuracy and shall notify the carrier of the adjustment. The notice shall contain a statement of the reason for the adjustment.

NEW SECTION. Sec. 3. (1) "Company action level event" means any of the following events:

(a) The filing of an RBC report by a carrier which indicates that:

(i) The carrier's total adjusted capital is greater than or equal to its regulatory action level RBC but less than its company action level RBC; or

(ii) The carrier has total adjusted capital which is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and 2.5 and has a negative trend;

(b) The notification by the commissioner to the carrier of an adjusted RBC report that indicates an event in (a) of this subsection, provided the carrier does not challenge the adjusted RBC report under section 7 of this act; or

(c) If, under section 7 of this act, a carrier challenges an adjusted RBC report that indicates the event in (a) of this subsection, the notification by the commissioner to the carrier that the commissioner has, after a hearing, rejected the carrier's challenge.

(2) In the event of a company action level event, the carrier shall prepare and submit to the commissioner an RBC plan that:

(a) Identifies the conditions that contribute to the company action level event;

(b) Contains proposals of corrective actions that the carrier intends to take and would be expected to result in the elimination of the company action level event;

(c) Provides projections of the carrier's financial results in the current year and at least the four succeeding years, both in the absence of proposed corrective actions and giving effect to the proposed corrective actions, including projections of statutory operating income, net income, capital, surplus, capital and surplus, and net worth. The projections for both new and renewal business might include separate projections for each major line of business and separately identify each significant income, expense, and benefit component;

(d) Identifies the key assumptions impacting the carrier's projections and the sensitivity of the projections to the assumptions; and

(e) Identifies the quality of, and problems associated with, the carrier's business, including but not limited to its assets, anticipated business growth and associated surplus strain, extraordinary exposure to risk, mix of business, and use of reinsurance, if any, in each case.

(3) The RBC plan shall be submitted:

(a) Within forty-five days of the company action level event; or

(b) If the carrier challenges an adjusted RBC report under section 7 of this act, within forty-five days after notification to the carrier that the commissioner has, after a hearing, rejected the carrier's challenge.

(4) Within sixty days after the submission by a carrier of an RBC plan to the commissioner, the commissioner shall notify the carrier whether the RBC plan may be implemented or is, in the judgment of the commissioner, unsatisfactory. If the commissioner determines the RBC plan is unsatisfactory, the notification to the carrier shall set forth the reasons for the determination, and may set forth proposed revisions that will render the RBC plan satisfactory. Upon notification from the commissioner, the carrier shall prepare a revised RBC plan, that may incorporate by reference any revisions proposed by the commissioner, and shall submit the revised RBC plan to the commissioner:

(a) Within forty-five days after the notification from the commissioner; or

(b) If the carrier challenges the notification from the commissioner under section 7 of this act, within forty-five days after a notification to the carrier that the commissioner has, after a hearing, rejected the carrier's challenge.

(5) In the event of a notification by the commissioner to a carrier that the carrier's RBC plan or revised RBC plan is unsatisfactory, the commissioner may, subject to the carrier's rights to a hearing under section 7 of this act, specify in the notification that the notification constitutes a regulatory action level event.

(6) Every domestic carrier that files an RBC plan or revised RBC plan with the commissioner shall file a copy of the RBC plan or revised RBC plan with the insurance commissioner in any state in which the carrier is authorized to do business if:

(a) Such state has an RBC provision substantially similar to section 8(1) of this act; and

(b) The insurance commissioner of that state has notified the carrier of its request for the filing in writing, in which case the carrier shall file a copy of the RBC plan or revised RBC plan in that state no later than the later of:

(i) Fifteen days after the receipt of notice to file a copy of its RBC plan or revised plan with the state; or

(ii) The date on which the RBC plan or revised RBC plan is filed under subsections (3) and (4) of this section.

NEW SECTION. Sec. 4. (1) "Regulatory action level event" means, with respect to any carrier, any of the following events:

(a) The filing of an RBC report by the carrier which indicates that the carrier's total adjusted capital is greater than or equal to its authorized control level RBC but less than its regulatory action level RBC;

(b) The notification by the commissioner to a carrier of an adjusted RBC report that indicates the event in (a) of this subsection, provided the carrier does not challenge the adjusted RBC report under section 7 of this act;

(c) If, under section 7 of this act, the carrier challenges an adjusted RBC report that indicates the event in (a) of this subsection, the notification by the commissioner to the carrier that the commissioner has, after a hearing, rejected the carrier's challenge;

(d) The failure of the carrier to file an RBC report by the filing date, unless the carrier has provided an explanation for such failure that is satisfactory to the commissioner and has cured the failure within ten days after the filing date;

(e) The failure of the carrier to submit an RBC plan to the commissioner within the time period set forth in section 3(3) of this act;

(f) Notification by the commissioner to the carrier that:

(i) The RBC plan or revised RBC plan submitted by the carrier is, in the judgment of the commissioner, unsatisfactory; and

(ii) The notification constitutes a regulatory action level event with respect to the carrier, provided the carrier has not challenged the determination under section 7 of this act;

(g) If, under section 7 of this act, the carrier challenges a determination by the commissioner under (f) of this subsection, the notification by the commissioner to the carrier that the commissioner has, after a hearing, rejected the challenge;

(h) Notification by the commissioner to the carrier that the carrier has failed to adhere to its RBC plan or revised RBC plan, but only if such failure has a substantial adverse effect on the ability of the carrier to eliminate the company action level event in accordance with its RBC plan or revised RBC plan and the commissioner has so stated in the notification, provided the carrier has not challenged the determination under section 7 of this act; or

(i) If, under section 7 of this act, the carrier challenges a determination by the commissioner under (h) of this subsection, the notification by the commissioner to the carrier that the commissioner has, after a hearing, rejected the challenge.

(2) In the event of a regulatory action level event the commissioner shall:

(a) Require the carrier to prepare and submit an RBC plan or, if applicable, a revised RBC plan;

(b) Perform the examination or analysis the commissioner deems necessary of the assets, liabilities, and operations of the carrier including a review of its RBC plan or revised RBC plan; and

(c) Subsequent to the examination or analysis, issue an order specifying those corrective actions the commissioner determines are required.

(3) In determining corrective actions, the commissioner may take into account those factors deemed relevant with respect to the carrier based upon the commissioner's examination or analysis of the assets, liabilities, and operations of the carrier, including, but not limited to, the results of any sensitivity tests undertaken pursuant to the RBC instructions. The RBC plan or revised RBC plan shall be submitted:

(a) Within forty-five days after the occurrence of the regulatory action level event;

(b) If the carrier challenges an adjusted RBC report under section 7 of this act and the challenge is not frivolous in the judgment of the commissioner within forty-five days after the notification to the carrier that the commissioner has, after a hearing, rejected the carrier's challenge; or

(c) If the carrier challenges a revised RBC plan under section 7 of this act and the challenge is not frivolous in the judgment of the commissioner, within forty-five days after the notification to the carrier that the commissioner has, after a hearing, rejected the carrier's challenge.

(4) The commissioner may retain actuaries and investment experts and other consultants as may be necessary in the judgment of the commissioner to review the carrier's RBC plan or revised RBC plan, examine or analyze the assets, liabilities, and operations of the carrier and formulate the corrective order with respect to the carrier. The fees, costs, and expenses relating to consultants shall be borne by the affected carrier or other party as directed by the commissioner.

NEW SECTION. Sec. 5. (1) "Authorized control level event" means any of the following events:

(a) The filing of an RBC report by the carrier which indicates that the carrier's total adjusted capital is greater than or equal to its mandatory control level RBC but less than its authorized control level RBC;

(b) The notification by the commissioner to the carrier of an adjusted RBC report that indicates the event in (a) of this subsection, provided the carrier does not challenge the adjusted RBC report under section 7 of this act;

(c) If, under section 7 of this act, the carrier challenges an adjusted RBC report that indicates the event in (a) of this subsection, notification by the commissioner to the carrier that the commissioner has, after a hearing, rejected the carrier's challenge;

(d) The failure of the carrier to respond, in a manner satisfactory to the commissioner, to a corrective order, provided the carrier has not challenged the corrective order under section 7 of this act; or

(e) If the carrier has challenged a corrective order under section 7 of this act and the commissioner has, after a hearing, rejected the challenge or modified the corrective order, the failure of the carrier to respond, in a manner satisfactory to the commissioner, to the corrective order subsequent to rejection or modification by the commissioner.

(2) In the event of an authorized control level event with respect to a carrier, the commissioner shall:

(a) Take those actions required under section 4 of this act regarding a carrier with respect to which a regulatory action level event has occurred; or

(b) If the commissioner deems it to be in the best interests of either the policyholders or subscribers, or both, and creditors of the carrier and of the public, take those actions necessary to cause the carrier to be placed under regulatory control under chapter 48.31 RCW. In the event the commissioner takes such actions, the authorized control level event is sufficient grounds for the commissioner to take action under chapter 48.31 RCW, and the commissioner shall have the rights, powers, and duties with respect to the carrier as are set forth in chapter 48.31 RCW. In the event the commissioner takes actions under this subsection (2)(b) pursuant to an adjusted RBC report, the carrier is entitled to those protections afforded to carriers under the provisions of RCW 48.31.121 pertaining to summary proceedings.

NEW SECTION. Sec. 6. (1) "Mandatory control level event" means any of the following events:

(a) The filing of an RBC report which indicates that the carrier's total adjusted capital is less than its mandatory control level RBC;

(b) Notification by the commissioner to the carrier of an adjusted RBC report that indicates the event in (a) of this subsection, provided the carrier does not challenge the adjusted RBC report under section 7 of this act; or

(2) In the event of a mandatory control level event, with respect to a carrier, the commissioner shall take those actions necessary to place the carrier under regulatory control under chapter 48.31 RCW. In that event, the mandatory control level event is sufficient grounds for the commissioner to take action under chapter 48.31 RCW, and the commissioner shall have the rights, powers, and duties with respect to the carrier as are set forth in chapter 48.31 RCW. If the commissioner takes actions pursuant to an adjusted RBC report, the carrier is entitled to the protections of RCW 48.31.121 pertaining to summary proceedings. However, the commissioner may forego action for up to ninety days after the mandatory control level event if the commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the ninety-day period.

NEW SECTION. Sec. 7. (1) Upon notification to a carrier by the commissioner of any of the following, the carrier shall have the right to a hearing, in accordance with chapters 48.04 and 34.05 RCW, at which the carrier may challenge any determination or action by the commissioner:

(a) Of an adjusted RBC report; or

(b)(i) That the carrier's RBC plan or revised RBC plan is unsatisfactory; and

(ii) The notification constitutes a regulatory action level event with respect to such carrier; or

(c) That the carrier has failed to adhere to its RBC plan or revised RBC plan and that such failure has a substantial adverse effect on the ability of the carrier to eliminate the company action level event with respect to the carrier in accordance with its RBC plan or revised RBC plan; or

(d) Of a corrective order with respect to the carrier.

(2) The carrier shall notify the commissioner of its request for a hearing within five days after the notification by the commissioner under this section. Upon receipt of the carrier's request for a hearing, the commissioner shall set a date for the hearing. The date shall be no less than ten nor more than thirty days after the date of the carrier's request.

NEW SECTION. Sec. 8. (1) All RBC reports, to the extent the information therein is not required to be set forth in a publicly available annual statement schedule, and RBC plans, including the results or report of any examination or analysis of a carrier and any corrective order issued by the commissioner, with respect to any domestic carrier or foreign carrier that are filed with the commissioner constitute information that might be damaging to the carrier if made available to its competitors, and therefore shall be kept confidential by the commissioner. This information shall not be made public or be subject to subpoena, other than by the commissioner and then only for the purpose of enforcement actions taken by the commissioner.

(2) The comparison of a carrier's total adjusted capital to any of its RBC levels is a regulatory tool that may indicate the need for possible corrective action with respect to the carrier, and is not a means to rank carriers generally. Therefore, except as otherwise required under the provisions of sections 1 through 14 of this act, the making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement, announcement, or statement containing an assertion, representation, or statement with regard to the RBC levels of any carrier, or of any component derived in the calculation, by any carrier, agent, broker, or other person engaged in any manner in the insurance business would be misleading and is therefore prohibited. However, if any materially false statement with respect to the comparison regarding a carrier's total adjusted capital to its RBC levels (or any of them) or an inappropriate comparison of any other amount to the carrier's RBC levels is published in any written publication and the carrier is able to demonstrate to the commissioner with substantial proof the falsity of such statement, or the inappropriateness, as the case may be, then the carrier may publish an announcement in a written publication if the sole purpose of the announcement is to rebut the materially false statement.

(3) The RBC instructions, RBC reports, adjusted RBC reports, RBC plans, and revised RBC plans are intended solely for use by the commissioner in monitoring the solvency of carriers and the need for possible corrective action with respect to carriers and shall not be used by the commissioner for ratemaking nor considered or introduced as evidence in any rate proceeding nor used by the commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance that a carrier or any affiliate is authorized to write.

NEW SECTION. Sec. 9. (1) The provisions of sections 1 through 14 of this act are supplemental to any other provisions of the laws and rules of this state, and shall not preclude or limit any other powers or duties of the commissioner under such laws and rules, including, but not limited to, chapter 48.31 RCW.

(2) The commissioner may adopt reasonable rules necessary for the implementation of sections 1 through 14 of this act.

NEW SECTION. Sec. 10. (1) Any foreign or alien carrier shall, upon the written request of the commissioner, submit to the commissioner an RBC report as of the end of the calendar year just ended by the later of:

(a) The date an RBC report would be required to be filed by a domestic carrier under sections 1 through 14 of this act; or

(b) Fifteen days after the request is received by the foreign or alien carrier. Any foreign or alien carrier shall, at the written request of the commissioner, promptly submit to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state.

(2) In the event of a company action level event, regulatory action level event, or authorized control level event with respect to any foreign or alien carrier as determined under the RBC statute applicable in the state of domicile of the carrier or, if no RBC statute is in force in that state, under the provisions of sections 1 through 14 of this act, if the insurance commissioner of the state of domicile of the foreign or alien carrier fails to require the foreign or alien carrier to file an RBC plan in the manner specified under that state's RBC statute or, if no RBC statute is in force in that state, under section 3 of this act, the commissioner may require the foreign or alien carrier to file an RBC plan with the commissioner. In this event, the failure of the foreign or alien carrier to file an RBC plan with the commissioner is grounds to order the carrier to cease and desist from writing new insurance business in this state.

(3) In the event of a mandatory control level event with respect to any foreign or alien carrier, if no domiciliary receiver has been appointed with respect to the foreign or alien carrier under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign or alien carrier, the commissioner may apply for an order under RCW 48.31.080 or 48.31.090 to conserve the assets within this state of foreign or alien carriers, and the occurrence of the mandatory control level event is considered adequate grounds for the application.

NEW SECTION. Sec. 11. There is no liability on the part of, and no cause of action shall arise against, the commissioner or insurance department or its employees or agents for any action taken by them in the performance of their powers and duties under sections 1 through 14 of this act.

NEW SECTION. Sec. 12. All notices by the commissioner to a carrier that may result in regulatory action are effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmission, are effective upon the carrier's receipt of such notice.

NEW SECTION. Sec. 13. For RBC reports to be filed by carriers commencing operations after the effective date of this act, those carriers shall calculate the initial RBC levels using financial projections, considering managed care arrangements, for its first full year in operation. Such projections, including the risk-based capital requirement, must be included as part of a comprehensive business plan that is submitted as part of the application for registration under RCW 48.44.040 and 48.46.030. The resulting RBC requirement shall be reported in the first RBC report submitted under section 2 of this act. For subsequent reports, the RBC results using actual financial data shall be included.

NEW SECTION. Sec. 14. The first RBC report required under section 2 of this act shall be filed on or prior to March 1, 1999, for the 1998 calendar year.

Sec. 15. RCW 48.42.040 and 1983 c 36 s 4 are each amended to read as follows:

Any person or entity unable to show that it is subject to the jurisdiction and regulation of another agency of this state, any subdivision thereof, or the federal government, shall be subject to all appropriate provisions of this title regarding the conduct of its business, including, but not limited to, sections 1 through 14 of this act.

NEW SECTION. Sec. 16. Sections 1 through 14 of this act shall not apply to a carrier which is subject to the provisions of RCW 48.05.430 through 48.05.490.

NEW SECTION. Sec. 17. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 18. Sections 1 through 14 and 16 of this act are each added to chapter 48.43 RCW."

Representatives L. Thomas and Wolfe 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 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 Engrossed House Bill No. 2549.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2549 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Clements, Kessler and Mulliken - 3.

Engrossed House Bill No. 2549, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2553, by Representatives Crouse, Morris, DeBolt, Kessler, Cooper, Benson, Mielke, Dunshee, Hankins, Delvin, Zellinsky, Constantine, Kastama, O'Brien, Conway, Dickerson and Mason

Extending the prohibition on filing for a tariff on mandatory measured telecommunications service.

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 DeBolt, Poulsen and Morris spoke in favor of passage of the bill.

Representative B. Thomas spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 2553.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2553 and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

Voting nay: Representative Thomas and B. - 1.

Excused: Representatives Kessler and Mulliken - 2.

House Bill No. 2553, having received the constitutional majority, was declared passed.

There being no objection, the House deferred action on House Bill No. 2554 and it held its place on second reading.

HOUSE BILL NO. 2555, by Representatives Zellinsky, Constantine, Sullivan, Carrell and Dickerson

Regulating the use of aftermarket crash parts for the repair of motor vehicles.

The bill was read the second time. There being no objection, Substitute House Bill No. 2555 was substituted for House Bill No. 2555 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2555 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 Zellinsky 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. 2555.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2555 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Butler and Murray - 2.

Substitute House Bill No. 2555, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2573, by Representatives Lambert, Carrell, Costa and Thompson

Defining the crime of custodial sexual misconduct.

The bill was read the second time. There being no objection, Substitute House Bill No. 2573 was substituted for House Bill No. 2573 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2573 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 Lambert and Quall 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. 2573.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2573 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Excused: Representatives Butler and Murray - 2.

Substitute House Bill No. 2573, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2575, by Representatives Pennington, D. Schmidt, Lisk, Skinner, Honeyford, Carlson, Kessler and Mulliken

Clarifying restrictions on public disclosure commission members' activities.

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 Pennington and Scott spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 2575.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2575 and the bill passed the House by the following vote: Yeas - 93, Nays - 4, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.

Voting nay: Representatives Ballasiotes, Dunn, Hankins and Smith - 4.

Excused: Representative Mulliken - 1.

House Bill No. 2575, having received the constitutional majority, was declared passed.

There being no objection, all bills passed today were immediately transmitted to the Senate.

The Speaker called upon Representative Pennington to preside.

HOUSE BILL NO. 2414, by Representatives Pennington, Mielke, Alexander, Carlson, Honeyford, Chandler, Buck, Hatfield and Doumit

Extending the time in which to comply with outdoor burning prohibitions.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Agriculture & Ecology was adopted. (For committee amendment(s), see Journal, 25th Day, February 5, 1998.)

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, Carlson and Linville spoke in favor of passage of the bill.

MOTIONS

On motion by Representative Kessler, Representative Regala was excused. On motion by Representative Wensman, Representative Cooke was excused.

The Speaker (Representative Pennington presiding) the question before the House to be final passage of Engrossed House Bill No. 2414.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2414, and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 0, Excused - 3.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Constantine, Conway, Cooper, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.

Voting nay: Representatives Cole and Costa - 2.

Excused: Representatives Cooke, Mulliken and Regala - 3.

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

HOUSE BILL NO. 2596, by Representatives Chandler, Reams, Gardner, Lantz and Mulliken

Clarifying that master planned resorts may obtain facilities, utilities, and services from outside service providers.

The bill was read the second time. There being no objection, Substitute House Bill No. 2596 was substituted for House Bill No. 2596 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2596 was read the second time.

There being no objection, the House deferred action on Substitute House Bill No. 2596 and it held its place on second reading.

HOUSE BILL NO. 2671, by Representatives D. Schmidt, Scott, Gardner, Doumit and D. Sommers

Clarifying procedures for absentee voting and mail ballots.

The bill was read the second time. There being no objection, Substitute House Bill No. 2671 was substituted for House Bill No. 2671 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2671 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 D. Schmidt, Scott and Smith spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) the question before the House to be final passage of Substitute House Bill No. 2671.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2671 and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Voting nay: Representative Bush - 1.

Excused: Representatives Cooke, Mulliken and Regala - 3.

Substitute House Bill No. 2671, having received the constitutional majority, was declared passed.

There being no objection, the House deferred action on House Bill No. 2709 and the bill held its place on second reading.

SUBSTITUTE HOUSE BILL NO. 2596, by Committee on Government Reform & Land Use

Representative Chandler moved the adoption of amendment (853):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The primary intent of this act is to give effect to recommendations by the 1994 department of community, trade, and economic development's master planned resort task force by clarifying that master planned resorts may make use of capital facilities, utilities, and services provided by outside service providers, and may enter into agreements for shared facilities with such providers, when all costs directly attributable to the resort, including capacity increases, are fully borne by the resort.

Nothing in this act may be construed as: Establishing an order of priority for processing applications for water right permits, for granting such permits, or for issuing certificates of water right; altering or authorizing in any manner the alteration of the place of use for a water right; or affecting or impairing in any manner whatsoever an existing water right.

Sec. 2. RCW 36.70A.360 and 1991 sp.s. c 32 s 17 are each amended to read as follows:

(1) Counties that are required or choose to plan under RCW 36.70A.040 may permit master planned resorts which may constitute urban growth outside of urban growth areas as limited by this section. A master planned resort means a self-contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreational facilities.

(2) Capital facilities, utilities, and services, including those related to sewer, water, storm water, security, fire suppression, and emergency medical, provided on-site shall be limited to meeting the needs of the master planned resort. Such facilities, utilities, and services may be provided to a master planned resort by outside service providers, including municipalities and special purpose districts, provided that all costs associated with service extensions and capacity increases directly attributable to the master planned resort are fully borne by the resort. A master planned resort and service providers may enter into agreements for shared capital facilities and utilities, provided that such facilities and utilities serve only the master planned resort or urban growth areas.

All waters or the use of waters shall be regulated and controlled as provided in chapters 90.03 and 90.44 RCW and not otherwise.

(3) A master planned resort may include other residential uses within its boundaries, but only if the residential uses are integrated into and support the on-site recreational nature of the resort.

(4) A master planned resort may be authorized by a county only if:

(((1))) (a) The comprehensive plan specifically identifies policies to guide the development of master planned resorts;

(((2))) (b) The comprehensive plan and development regulations include restrictions that preclude new urban or suburban land uses in the vicinity of the master planned resort, except in areas otherwise designated for urban growth under RCW 36.70A.110;

(((3))) (c) The county includes a finding as a part of the approval process that the land is better suited, and has more long-term importance, for the master planned resort than for the commercial harvesting of timber or agricultural production, if located on land that otherwise would be designated as forest land or agricultural land under RCW 36.70A.170;

(((4))) (d) The county ensures that the resort plan is consistent with the development regulations established for critical areas; and

(((5))) (e) On-site and off-site infrastructure and service impacts are fully considered and mitigated."

Representatives Chandler and 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 Chandler spoke in favor of the passage of the bill.

Representatives Romero, Dunshee and Cooper spoke against the passage of the bill.

Representative Chandler again spoke in favor of the bill as did Representatives Lantz and Reams.

The Speaker (Representative Pennington presiding) the question before the House to be final passage of Engrossed Substitute House Bill No. 2596.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2596 and the bill passed the House by the following vote: Yeas - 75, Nays - 20, Absent - 0, Excused - 3.

Voting yea: Representatives Alexander, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wood, Zellinsky and Mr. Speaker - 75.

Voting nay: Representatives Anderson, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Mason, Murray, Poulsen, Romero, Scott, Sommers, H., Tokuda, Veloria and Wolfe - 20.

Excused: Representatives Cooke, Mulliken and Regala - 3.

Engrossed Substitute House Bill No. 2596, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2730, by Representatives Robertson, Hatfield, Mitchell, Fisher, Hankins, Romero, Cairnes, O'Brien, Zellinsky, Scott, Johnson, Wood, Sterk, Ogden, Radcliff, Hickel, Skinner, Ballasiotes, Delvin, Cooke, Anderson, Sullivan, Thompson, Gardner and Kenney

Increasing security of drivers' licenses.

The bill was read the second time. There being no objection, Substitute House Bill No. 2730 was substituted for House Bill No. 2730 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2730 was read the second time.

Representative Koster moved the adoption of amendment (850):

On page 3, line 33, after "shall" strike "not" and insert "neither request nor"

On page 5, line 2, after "section" insert ", but no other information,"

Representatives Koster and Reobertson 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 Robertson, Hatfield and Fisher spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) the question before the House to be final passage of Engrossed Substitute House Bill No. 2730.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2730 and the bill passed the House by the following vote: Yeas - 69, Nays - 27, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Bush, Butler, Cairnes, Carlson, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooper, Costa, Delvin, Dickerson, Dunshee, Dyer, Fisher, Gardner, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, Mitchell, Murray, O'Brien, Ogden, Parlette, Poulsen, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Scott, Sehlin, Sheahan, Skinner, Sommers, D., Sullivan, Talcott, Thomas, B., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 69.

Voting nay: Representatives Benson, Boldt, Buck, Carrell, Crouse, DeBolt, Doumit, Dunn, Eickmeyer, Gombosky, Grant, Kessler, Koster, Lambert, McMorris, Mielke, Morris, Pennington, Quall, Schoesler, Sherstad, Smith, Sommers, H., Sterk, Sump, Thomas, L. and Van Luven - 27.

Excused: Representatives Cooke and Mulliken - 2.

Engrossed Substitute House Bill No. 2730, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2779, by Representatives Dunn and Morris

Extending the Washington economic development finance authority.

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 Dunn and Morris spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) the question before the House to be final passage of House Bill No. 2779.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2779 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Cooke and Mulliken - 2.

House Bill No. 2779, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2791, by Representatives Schoesler, Doumit, Sheahan, Ballasiotes, Radcliff, Sump, Sullivan, Mielke, Buck, Alexander, Boldt, Sterk, Crouse, Smith, Van Luven, Hickel, Koster, Mulliken, Johnson, Wensman, D. Sommers, Backlund and DeBolt

Fighting methamphetamine.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Criminal Justice & Corrections was adopted. (For committee amendment(s), see Journal, 26^th Day, February 6, 1998.)

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 Schoesler and Quall spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) the question before the House to be final passage of Engrossed House Bill No. 2791.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2791, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Cooke and Mulliken - 2.

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

HOUSE BILL NO. 2817, by Representatives Doumit and Hatfield

Regarding district sales of real property.

The bill was read the second time. There being no objection, Substitute House Bill No. 2817 was substituted for House Bill No. 2817 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2817 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 Hatfield and D. Sommers spoke in favor of passage of the bill.

MOTIONS

On motion by Representative Kessler, Representative Butler was excused. On motion by Representative Talcott, Representative Carrell was excused.

The Speaker (Representative Pennington presiding) the question before the House to be final passage of Substitute House Bill No. 2817.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2817 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Butler and Carrell - 2.

Substitute House Bill No. 2817, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2821, by Representatives Radcliff, Cooke, Van Luven and Robertson

Authorizing branch classrooms for driver training schools.

The bill was read the second time. There being no objection, Substitute House Bill No. 2821 was substituted for House Bill No. 2821 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2821 was read the second time.

Representative Radcliff moved the adoption of amendment (865):

On page 3, line 21, after "purposes", insert the following:

"(a) A driver training school may have branch classrooms as long as the school has an established place of business in this state.

(i) The branch classroom may be in a location that is used for other educational purposes and need not be regularly occupied or used only for driver education. If a driver training school commences a course at a branch classroom, the school may not change branch classroom locations until all the classes scheduled as part of the course have been held. The only exception is when the branch classroom becomes unusable to the driver training school.

(ii) The records of the driver training school need not be maintained at the branch classroom. However, the driver training school must segregate the records for the branch classroom from the records for other classrooms used by the school and keep the records at an established place of business in this state.

(b)"

On page 3, beginning on line 28, after "house." strike everything through "office." on line 35 and insert:

"((To classify as a branch office or classroom the facility must be within a thirty-five mile radius of the established place of business.))

(c)"

Representative Radcliff 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 Radcliff spoke in favor of passage of the bill.

MOTION

On motion by Representative Cairnes, Representatives Cooke, Mulliken and Reams was excused.

The Speaker (Representative Pennington presiding) the question before the House to be final passage of Engrossed Substitute House Bill No. 2821.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2821 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

Excused: Representatives Cooke, Mulliken and Reams - 3.

Engrossed Substitute House Bill No. 2821, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2837, by Representatives Clements, Skinner and Buck

Identifying property abandoned by the department of fish and wildlife.

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 Clements and Hatfield spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) the question before the House to be final passage of House Bill No. 2837.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2837 and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

Voting nay: Representative Scott - 1.

Excused: Representatives Mulliken and Reams - 2.

House Bill No. 2837, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2840, by Representatives Clements, McMorris, Schoesler, Honeyford, Boldt, D. Schmidt and Mielke

Issuing citations under the Washington industrial safety and health act.

The bill was read the second time. There being no objection, Substitute House Bill No. 2840 was substituted for House Bill No. 2840 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2840 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 Clements and Conway spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) the question before the House to be final passage of Substitute House Bill No. 2840.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2840 and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

Voting nay: Representative Scott - 1.

Excused: Representatives Mulliken and Reams - 2.

Substitute House Bill No. 2840, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2889, by Representatives Mitchell, Fisher, K. Schmidt, Radcliff, Zellinsky, Backlund, Skinner, Cairnes, Chandler, DeBolt, Sterk, Gardner, McCune, Hankins, Robertson, Romero, Mielke, Wood, O'Brien, Ogden, Murray, Boldt and Lambert

Consolidating three transportation agencies.

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 Mitchell, Fisher and Alexander spoke in favor of passage of the bill.

MOTION

On motion of Representative Wensman, Representative D. Schmidt was excused.

The Speaker (Representative Pennington presiding) the question before the House to be final passage of House Bill No. 2889.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2889 and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Voting nay: Representative Sump - 1.

Excused: Representatives Mulliken, Reams, Schmidt, D. - 3.

House Bill No. 2889, having received the constitutional majority, was declared passed.

MOTION FOR RECONSIDERATION

Representative Robertson, having voted on the prevailing side, moved that the rules be suspended, and that the House immediately reconsider the vote on Substitute House Bill No. 2840. The motion was carried.

RECONSIDERATION

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 2840 on reconsideration.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2840 on reconsideration and the bill passed the House by the following vote:Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

Excused: Representatives Mulliken, Reams, Schmidt, D. - 3.

Substitute House Bill No. 2840, on reconsideration, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2912, by Representatives Quall, Talcott, B. Thomas and O'Brien

Authorizing learning materials to be loaned to private school students.

The bill was read the second time. There being no objection, Substitute House Bill No. 2912 was substituted for House Bill No. 2912 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2912 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 Quall, Cole and Johnson spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) the question before the House to be final passage of Substitute House Bill No. 2912.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2912 and the bill passed the House by the following vote: Yeas - 86, Nays - 10, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Cole, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 86.

Voting nay: Representatives Appelwick, Chopp, Cody, Constantine, Fisher, Kenney, Murray, Poulsen, Romero and Veloria - 10.

Excused: Representatives Mulliken and Reams - 2.

Substitute House Bill No. 2912, 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 Lisk, the House adjourned until 9:00 a.m., Thursday, February 12, 1998.

TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker