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THIRTY SECOND DAY
MORNING SESSION
House Chamber, Olympia, Thursday, February 12, 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 Joseph Gravina and Beth Briggs. Prayer was offered by Pastor Tom Minnick, Heritage Baptist Fellowship, Monroe.
The Speaker assumed the chair.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES FROM THE SENATE
February 11, 1998
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5305,
SUBSTITUTE SENATE BILL NO. 5468,
SECOND SUBSTITUTE SENATE BILL NO. 5660,
SUBSTITUTE SENATE BILL NO. 5873,
SUBSTITUTE SENATE BILL NO. 6114,
SUBSTITUTE SENATE BILL NO. 6129,
SUBSTITUTE SENATE BILL NO. 6130,
SUBSTITUTE SENATE BILL NO. 6136,
SUBSTITUTE SENATE BILL NO. 6143,
SUBSTITUTE SENATE BILL NO. 6153,
SUBSTITUTE SENATE BILL NO. 6175,
SUBSTITUTE SENATE BILL NO. 6182,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6191,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6203,
SUBSTITUTE SENATE BILL NO. 6217,
SUBSTITUTE SENATE BILL NO. 6229,
SUBSTITUTE SENATE BILL NO. 6285,
SUBSTITUTE SENATE BILL NO. 6298,
and the same are herewith transmitted.
Mike O'Connell, Secretary
February 11, 1998
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 6341,
SUBSTITUTE SENATE BILL NO. 6489,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6492,
SUBSTITUTE SENATE BILL NO. 6501,
SUBSTITUTE SENATE BILL NO. 6516,
ENGROSSED SUBSTITUTE SENATE JOINT MEMORIAL NO. 8010,
and the same are herewith transmitted.
Mike O'Connell, Secretary
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1479, by Representatives Zellinsky and Quall
Clarifying vehicle impound and redemption procedures.
The bill was read the second time. There being no objection, Substitute House Bill No. 1479 was substituted for House Bill No. 1479 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1479 was read the second time.
Representative Costa moved the adoption of amendment (873):
On page 9, line 26, after "(3)" strike everything through "(4)" on line 34, and correct the remaining subsection numbering and any internal references accordingly.
On page 9, line 35, after "46.12.101(1)" strike everything through "agency))" on line 36, and insert "or a vehicle theft report filed with a law enforcement agency"
Representatives Costa, Cooper, O'Brien spoke in favor of the adoption of the amendment.
Representatives Zellinsky, Robertson, Smith and Clements spoke against the adoption of the amendment.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Zellinsky spoke in favor of passage of the bill.
MOTIONS
On motion of Representative Cairnes, Representatives Dyer, Mulliken and Van Luven were excused. On motion of Representative Kessler, Representative Grant was excused.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1479.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1479 and the bill passed the House by the following vote: Yeas - 89, Nays - 5, Absent - 0, Excused - 4.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Eickmeyer, Fisher, Gombosky, 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, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.
Voting nay: Representatives Cooper, Dickerson, Dunshee, Gardner and Veloria - 5.
Excused: Representatives Dyer, Grant, Mulliken and Van Luven - 4.
Substitute House Bill No. 1479, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2312, by Representatives Doumit, Pennington, Hatfield, Kenney, Clements, Carlson, Kessler, Anderson, Dunn and Tokuda
Prescribing workers' compensation obligations of employers not domiciled in Washington.
The bill was read the second time. There being no objection, Substitute House Bill No. 2312 was substituted for House Bill No. 2312 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2312 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 Doumit and Pennington 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. 2312.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2312 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.
Substitute House Bill No. 2312, having received the constitutional majority, was declared passed.
There being no objection, the House deferred action on House Bill No. 2424 and the bill held its place on second reading.
HOUSE BILL NO. 2432, by Representatives Hickel, Johnson, Cole, O'Brien and Talcott; by request of Superintendent of Public Instruction
Changing educator internship programs.
The bill was read the second time.
Representative Cole moved the adoption of amendment (859):
On page 5, after line 5, insert the following:
"NEW SECTION. Sec. 1. The sum of eight hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1999, from the general fund to the superintendent of public instruction for the purposes of this act."
Correct the title.
Representatives Cole, Linville, Keiser and Quall spoke in favor of the adoption of the amendment.
Representatives Huff and Johnson spoke against the adoption of the amendment.
Representative Hatfield demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of amendment 859 and the amendment passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, Eickmeyer, Fisher, Gardner, Gombosky, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Dyer, Grant, Mulliken and Van Luven - 4.
The amendment was adopted.
Representative Huff moved the adoption of amendment (880):
On page 5, after line 5, insert the following:
"NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void."
Representatives Huff and Johnson spoke in favor of the adoption of the amendment.
Representatives Chopp, Dunshee, Veloria and Cole against the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hickel and Cole 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. 2432.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2432, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, Eickmeyer, Fisher, Gardner, Gombosky, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Dyer, Grant, Mulliken and Van Luven - 4.
Engrossed House Bill No. 2432, having received the constitutional majority, was declared passed.
SUBSTITUTE HOUSE BILL NO. 2435, by Committee on Government Administration (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 Speaker reminded the chamber that action on Substitute House Bill No. 2435 had been deferred from the previous day after a request for Scope and Object on amendment number 849 had been made by Representative Pennington. The request by Representative Pennington had been withdrawn.
Representatives Dunshee and Gardner spoke in favor of the adoption of the amendment.
Representatives Pennington and D. Schmidt spoke against adoption of the amendment.
Representative Dunshee (again) spoke in favor of the adoption of the amendment. Representative Doumit spoke in favor of the adoption of the amendment.
Representative Hatfield demanded an electronic roll call vote and the demand was sustained.
MOTION
Representative Lisk moved that the House defer further action on Substitute House Bill No. 2435 and the bill hold its place on second reading.
Representative Hatfield demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on the motion that the House defer further action on Substitute House Bill No. 2435 and the bill hold its place on second reading. The motion was adopted by the following vote: Yeas - 54, Nays - 41, Absent - 0, Excused - 3.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Wensman, Zellinsky and Mr. Speaker - 54.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 41.
Excused: Representatives Dyer, Mulliken and Van Luven - 3.
The House deferred further action on Substitute House Bill No. 2435 and the bill held its place on second reading.
HOUSE BILL NO. 2451, by Representatives McDonald, Bush, Van Luven, Dunn, Thompson and Mulliken
Raising the value of the homestead exemption to forty-three thousand dollars.
The bill was read the second time. There being no objection, Substitute House Bill No. 2451 was substituted for House Bill No. 2451 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2451 was read the second time.
Representative Dunshee moved the adoption of amendment (882):
On page 2, after line 2, insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 84.52 RCW to read as follows:
(1) There is allowed a credit against the state regular real property tax equal to the tax imposed on the first sixty-two thousand dollars of assessed valuation of owner-occupied residential property, multiplied by the indicated ratio fixed by the state department of revenue. The credit in any tax year shall not exceed the amount of state property tax imposed on the property.
(2) The credit in this section is in addition to any other property tax relief that may be provided by law.
(3) The following conditions apply to credit under this section:
(a) The residence must be occupied by the person claiming the credit as a principal place of residence as of January 1st of the year in which taxes are due. A person who sells, transfers, or is displaced from the person's residence may transfer the person's credit status to a replacement residence, but a claimant may not receive a credit on more than one residence in any year. Confinement of the person to a hospital or nursing home does not disqualify the claim of credit if:
(i) The residence is temporarily unoccupied;
(ii) The residence is occupied by either or both a spouse or a person financially dependent on the claimant for support; or
(iii) The residence is rented for the purpose of paying nursing home or hospital costs.
(b) The person claiming the credit must have owned, at the time of filing, in fee, as a life estate, or by contract purchase, the residence on which the property taxes have been imposed or if the person claiming the credit lives in a cooperative housing association, corporation, or partnership, the person must own a share therein representing the unit or portion of the structure in which the person resides. For purposes of this subsection, a residence owned by a marital community or owned by cotenants is deemed to be owned by each spouse or cotenant, and any lease for life is deemed a life estate.
(4) RCW 84.36.383, 84.36.385, 84.36.387, and 84.36.389 apply to this section.
Sec. 2. RCW 84.52.080 and 1989 c 378 s 16 are each amended to read as follows:
(1) The county assessor shall extend the taxes upon the tax rolls in the form herein prescribed. The rate percent necessary to raise the amounts of taxes levied for state and county purposes, and for purposes of taxing districts coextensive with the county, shall be computed upon the assessed value of the property of the county; the rate percent necessary to raise the amount of taxes levied for any taxing district within the county shall be computed upon the assessed value of the property of the district; all taxes assessed against any property shall be added together and extended on the rolls in a column headed consolidated or total tax. In extending any tax, whenever it amounts to a fractional part of a cent greater than five mills it shall be made one cent, and whenever it amounts to five mills or less than five mills it shall be dropped. The amount of all taxes shall be entered in the proper columns, as shown by entering the rate percent necessary to raise the consolidated or total tax and the total tax assessed against the property.
(2) After entering the amounts under subsection (1) of this section, the county assessor shall compute the amount of credit authorized under section 2 of this act for each parcel of property. The credit allowed for any property shall be extended on the rolls in a column headed tax credit. The county treasurer shall subtract the amount of the credit from the total tax and enter this amount in a column headed tax payable.
(3) For the purpose of computing the rate necessary to raise the amount of any excess levy in a taxing district which has classified or designated forest land under chapter 84.33 RCW, other than the state, the county assessor shall add the district's timber assessed value, as defined in RCW 84.33.035, to the assessed value of the property: PROVIDED, That for school districts maintenance and operations levies only one-half of the district's timber assessed value or eighty percent of the timber roll of such district in calendar year 1983 as determined under chapter 84.33 RCW, whichever is greater, shall be added.
(((3))) (4) Upon the completion of such tax extension, it shall be the duty of the county assessor to make in each assessment book, tax roll or list a certificate in the following form:
I, . . . . . ., assessor of . . . . . . county, state of Washington, do hereby certify that the foregoing is a correct list of taxes levied on the real and personal property in the county of . . . . . . for the year ((one thousand nine hundred and)) . . . . . .
Witness my hand this . . . . day of . . . . . ., ((19)). . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , County Assessor
(((4))) (5) The county assessor shall deliver said tax rolls to the county treasurer, on or before the fifteenth day of January, taking receipt therefor, and at the same time the county assessor shall provide the county auditor with an abstract of the tax rolls showing the total amount of taxes collectible in each of the taxing districts.
Sec. 3. RCW 84.56.050 and 1991 c 245 s 17 are each amended to read as follows:
(1) On receiving the tax rolls the treasurer shall post all real and personal property taxes from the rolls to the treasurer's tax roll, and shall carry forward to the current tax rolls a memorandum of all delinquent taxes on each and every description of property, and enter the same on the property upon which the taxes are delinquent showing the amounts for each year. The treasurer shall notify each taxpayer in the county, at the expense of the county, of the amount of the real and personal property((,)) and the current and delinquent amount of tax due on the same((; and)). The treasurer shall have printed on the notice the name of each tax ((and)), the levy made on the same, the amount of any credit under section 2 of this act, and the tax payable. The state tax credit authorized in section 2 of this act shall be credited against any state tax payable on the property. The county treasurer shall be the sole collector of all delinquent taxes and all other taxes due and collectible on the tax rolls of the county((: PROVIDED, That)).
(2) The term "taxpayer" as used in this section shall mean any person charged, or whose property is charged, with property tax; and the person to be notified is that person whose name appears on the tax roll herein mentioned((: PROVIDED, FURTHER, That)). If no name so appears the person to be notified is that person shown by the treasurer's tax rolls or duplicate tax receipts of any preceding year as the payer of the tax last paid on the property in question.
Sec. 4. RCW 84.36.383 and 1995 1st sp.s. c 8 s 2 are each amended to read as follows:
As used in RCW 84.36.381 through 84.36.389 and section 2 of this act, except where the context clearly indicates a different meaning:
(1) The term "residence" shall mean a single family dwelling unit whether such unit be separate or part of a multiunit dwelling, including the land on which such dwelling stands not to exceed one acre. The term shall also include a share ownership in a cooperative housing association, corporation, or partnership if the person claiming exemption can establish that his or her share represents the specific unit or portion of such structure in which he or she resides. The term shall also include a single family dwelling situated upon lands the fee of which is vested in the United States or any instrumentality thereof including an Indian tribe or in the state of Washington, and notwithstanding the provisions of RCW 84.04.080 and 84.04.090, such a residence shall be deemed real property.
(2) The term "real property" shall also include a mobile home which has substantially lost its identity as a mobile unit by virtue of its being fixed in location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe, connections with sewer, water, or other utilities: PROVIDED, That a mobile home located on land leased by the owner of the mobile home shall be subject, for tax billing, payment, and collection purposes, only to the personal property provisions of chapter 84.56 RCW and RCW 84.60.040.
(3) "Department" shall mean the state department of revenue.
(4) "Combined disposable income" means the disposable income of the person claiming the exemption, plus the disposable income of his or her spouse, and the disposable income of each cotenant occupying the residence for the assessment year, less amounts paid by the person claiming the exemption or his or her spouse during the assessment year for:
(a) Drugs supplied by prescription of a medical practitioner authorized by the laws of this state or another jurisdiction to issue prescriptions; and
(b) The treatment or care of either person received in the home or in a nursing home.
(5) "Disposable income" means adjusted gross income as defined in the federal internal revenue code, as amended prior to January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purpose of this section, plus all of the following items to the extent they are not included in or have been deducted from adjusted gross income:
(a) Capital gains, other than nonrecognized gain on the sale of a principal residence under section 1034 of the federal internal revenue code, or gain excluded from income under section 121 of the federal internal revenue code to the extent it is reinvested in a new principal residence;
(b) Amounts deducted for loss;
(c) Amounts deducted for depreciation;
(d) Pension and annuity receipts;
(e) Military pay and benefits other than attendant-care and medical-aid payments;
(f) Veterans benefits other than attendant-care and medical-aid payments;
(g) Federal social security act and railroad retirement benefits;
(h) Dividend receipts; and
(i) Interest received on state and municipal bonds.
(6) "Cotenant" means a person who resides with the person claiming the exemption and who has an ownership interest in the residence.
Sec. 5. RCW 84.36.385 and 1992 c 206 s 13 are each amended to read as follows:
(1) A claim for exemption under RCW 84.36.381 ((as now or hereafter amended,)) or a credit under section 2 of this act shall be made and filed at any time during the year for exemption or credit from taxes payable the following year and thereafter and solely upon forms as prescribed ((and furnished)) by the department of revenue. However, an exemption from tax under RCW 84.36.381 shall continue for no more than four years unless a renewal application is filed as provided in subsection (3) of this section. The county assessor may also require, by written notice, a renewal application following an amendment of the income requirements set forth in RCW 84.36.381. Renewal applications shall be on forms prescribed and furnished by the department of revenue. A credit under section 2 of this act shall continue each year as long as the residence is eligible for credit.
(2) A person granted an exemption under RCW 84.36.381 or a credit under section 2 of this act shall inform the county assessor of any change in status affecting ((the person's)) entitlement to the exemption or credit on forms prescribed and furnished by the department of revenue.
(3) Each person exempt from taxes under RCW 84.36.381 in 1993 and thereafter, shall file with the county assessor a renewal application not later than December 31 of the year the assessor notifies such person of the requirement to file the renewal application.
(4) Beginning in 1992 and in each of the three succeeding years, the county assessor shall notify approximately one-fourth of those persons exempt from taxes under RCW 84.36.381 in the current year who have not filed a renewal application within the previous four years, of the requirement to file a renewal application.
(5) If the assessor finds that the applicant does not meet the qualifications as set forth in RCW 84.36.381((, as now or hereafter amended)) or section 2 of this act, the claim or exemption shall be denied but such denial shall be subject to appeal under the provisions of RCW 84.48.010(5). If the applicant had received exemption or credit in prior years based on erroneous information, the taxes shall be collected subject to penalties as provided in RCW 84.40.130 for a period of not to exceed three years.
(6) The department and each local assessor is hereby directed to publicize the qualifications and manner of making claims under RCW 84.36.381 through 84.36.389 and section 2 of this act, through communications media, including such paid advertisements or notices as it deems appropriate. Notice of the qualifications, method of making applications, the penalties for not reporting a change in status, and availability of further information shall be included on or with property tax statements and revaluation notices for all residential property including mobile homes, except rental properties.
Sec. 6. RCW 84.36.387 and 1992 c 206 s 14 are each amended to read as follows:
(1) All claims for exemption under RCW 84.36.381 or a credit under section 2 of this act shall be made and signed by the person entitled to the exemption or credit, by his or her attorney in fact or in the event the residence of such person is under mortgage or purchase contract requiring accumulation of reserves out of which the holder of the mortgage or contract is required to pay real estate taxes, by such holder or by the owner, either before two witnesses or the county assessor or his or her deputy in the county where the real property is located: PROVIDED, That if a claim for exemption or credit is made by a person living in a cooperative housing association, corporation, or partnership, such claim shall be made and signed by the person entitled to the exemption or credit and by the authorized agent of such cooperative.
(2) If the taxpayer is unable to submit his or her own claim, the claim shall be submitted by a duly authorized agent or by a guardian or other person charged with the care of the person or property of such taxpayer.
(3) All claims for exemption and renewal applications under RCW 84.36.381 shall be accompanied by such documented verification of income as shall be prescribed by rule adopted by the department of revenue.
(4) Any person signing a false claim with the intent to defraud or evade the payment of any tax shall be guilty of the offense of perjury.
(5) The tax liability of a cooperative housing association, corporation, or partnership shall be reduced by the amount of tax exemption or credit to which a claimant residing therein is entitled and such cooperative shall reduce any amount owed by the claimant to the cooperative by such exact amount of tax exemption or credit or, if no amount be owed, the cooperative shall make payment to the claimant of such exact amount of exemption or credit.
(6) A remainderman or other person who would have otherwise paid the tax on real property that is the subject of an exemption granted under RCW 84.36.381 or a credit granted under section 2 of this act for an estate for life shall reduce the amount which would have been payable by the life tenant to the remainderman or other person to the extent of the exemption or credit. If no amount is owed or separately stated as an obligation between these persons, the remainderman or other person shall make payment to the life tenant in the exact amount of the exemption or credit.
Sec. 7. RCW 84.36.389 and 1979 ex.s. c 214 s 4 are each amended to read as follows:
(1) The director of the department of revenue shall adopt such rules ((and regulations)) and prescribe such forms as may be necessary and appropriate for implementation and administration of this chapter subject to chapter 34.05 RCW, the administrative procedure act.
(2) The department may conduct such audits of the administration of RCW 84.36.381 through 84.36.389 and section 2 of this act and the claims for exemption or credit filed thereunder as it considers necessary. The powers of the department under chapter 84.08 RCW apply to these audits.
(3) Any information or facts concerning confidential income data obtained by the assessor or the department, or their agents or employees, under subsection (2) of this section shall be used only to administer RCW 84.36.381 through 84.36.389. Notwithstanding any provision of law to the contrary, absent written consent by the person about whom the information or facts have been obtained, the confidential income data shall not be disclosed by the assessor or the assessor's agents or employees to anyone other than the department or the department's agents or employees nor by the department or the department's agents or employees to anyone other than the assessor or the assessor's agents or employees except in a judicial proceeding pertaining to the taxpayer's entitlement to the tax exemption under RCW 84.36.381 through 84.36.389 or credit under section 2 of this act. Any violation of this subsection is a misdemeanor.
NEW SECTION. Sec. 8. 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."
Correct the title.
There being no objection, the House deferred action on Substitute House Bill No. 2451 and the bill held its place on second reading.
HOUSE BILL NO. 2554, by Representatives Zellinsky, L. Thomas, Sullivan and Carrell
Prohibiting offers of incentives to insurance claimants to reimburse claimants for costs of 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 Zellinsky, L. Thomas and Smith spoke in favor of passage of the bill.
Representatives Wolfe and Sullivan spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2554.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2554 and the bill passed the House by the following vote: Yeas - 61, Nays - 34, Absent - 0, Excused - 3.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, Delvin, Doumit, Dunn, Eickmeyer, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Wensman, Zellinsky and Mr. Speaker - 61.
Voting nay: Representatives Appelwick, Benson, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, DeBolt, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Hatfield, Keiser, Kenney, Lantz, Linville, Mason, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 34.
Excused: Representatives Dyer, Mulliken and Van Luven - 3.
House Bill No. 2554, having received the constitutional majority, was declared passed.
I intended to vote YEA on House Bill No. 2554.
PATRICIA LANTZ, 26th District
HOUSE BILL NO. 2920, by Representatives Skinner, Cody, Dyer and Wood
Clarifying continuing education requirements for counselors.
The bill was read the second time.
Representative Skinner moved the adoption of amendment (871):
On page 1, line 11, after the comma, strike language through "be" and insert "including subjects"
Representative Skinner 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 Skinner and Murray 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. 2920.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2920, 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, 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, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Voting nay: Representative Sherstad - 1.
Excused: Representatives Dyer, Mulliken and Van Luven - 3.
Engrossed House Bill No. 2920, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2938, by Representatives DeBolt, Carrell, Ballasiotes, McDonald, Boldt, B. Thomas, Mulliken, Pennington, Van Luven, Thompson, Schoesler, Mitchell, Alexander, Backlund, O'Brien, Bush, Keiser, McCune, Cole, Scott, Conway, Gardner, Dunshee, Cooke and Johnson
Increasing thresholds for property tax exemptions for senior citizens and persons retired because of physical disability.
The bill was read the second time.
With the consent of the House, amendment number 858 to House Bill No. 2938 was withdrawn.
Representative O'Brien moved adoption of amendment (888):
On page 3, line 4, after "income" insert ", less veterans benefits for disabilities related to the performance of military duties,"
On page 3, line 7, after "income" insert ", less veterans benefits for disabilities related to the performance of military duties,"
On page 3, line 14, after "income" insert ", less veterans benefits for disabilities related to the performance of military duties,"
On page 3, line 19, after "income" insert ", less veterans benefits for disabilities related to the performance of military duties,"
Representative DeBolt requested a Scope and Object ruling on amendment number 888 to House Bill No. 2938.
The Speaker: Representative DeBolt, the Speaker is prepared to rule on your Point of Order which challenges the Scope and Object of amendment 888 to House Bill No. 2938.
The title of the bill is "AN ACT Relating to increasing the $15,000 income limit to $16,000, and the $18,000 income limit to $19,000 for property tax exemptions for senior citizens and persons retired because of physical disability".
Amendment 888 deals with veterans benefits for disabilities related to military duties which is an additional amount of money and is clearly outside the Title of the bill.
Representative DeBolt, your Point of Order is well taken.
Representative Kessler moved the adoption of amendment (869):
On page 3, line 7, after "((eighteen))" strike "nineteen" and insert "twenty-two"
On page 3, line 8, after "((fifteen))" strike "sixteen" and insert "eighteen"
On page 3, line 9, after "greater of" strike "thirty" and insert "((thirty)) thirty-seven"
On page 3, line 11, after "exceed" strike "fifty" and insert "((fifty)) sixty"
On page 3, line 14, after "((fifteen))" strike "sixteen" and insert "eighteen"
On page 3, at the beginning of line 16, strike "thirty-four" and insert "((thirty-four)) forty-five"
Representative DeBolt requested a Scope and Object ruling on amendment number 869 to House Bill No. 2938.
The Speaker: Representative DeBolt, the Speaker is prepared to rule on your Point of Order which challenges the Scope and Object of amendment 869 to House Bill No. 2938.
In the previous amendment, the Speaker referred to the Title of the bill which is between $15,000 and $16,000, and $18,000 and $19,000.
Amendment 869 raises limits significantly above the Title of the bill.
Representative DeBolt, your Point of Order is well taken.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives DeBolt, Dunshee, O'Brien, Conway, Pennington, Dickerson and Alexander spoke in favor of passage of the bill.
MOTION
On motion of Representative Kessler, Representatives Poulsen and Anderson were excused.
The Speaker stated the question before the House to be final passage of House Bill No. 2938.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2938 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, 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, Mulliken, 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 Anderson and Poulsen - 2.
House Bill No. 2938, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2969, by Representatives Carrell, Sheahan, B. Thomas, Robertson, Sterk, Sherstad, McMorris, Backlund, Ballasiotes, Talcott, DeBolt, Alexander, Boldt, Zellinsky, Pennington, Mitchell, Huff, K. Schmidt, Dyer, Bush, Dunn, Schoesler, Smith, D. Sommers, Dunshee and McCune
Providing a sales and use tax exemption for gun safes.
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 Carrell, Costa and Dickerson spoke in favor of passage of the bill.
Representative Cooke spoke against passage of the bill.
Representative Carrell spoke again in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2969.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2969 and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Appelwick, Backlund, 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, Mulliken, 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 - 94.
Voting nay: Representatives Ballasiotes and Cooke - 2.
Excused: Representatives Anderson and Poulsen - 2.
House Bill No. 2969, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2990, by Representatives Dyer, Backlund and Anderson
Creating a pilot project for third-party accreditation of boarding homes.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Dyer, Cody, Conway and Backlund spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2990.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2990 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, 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, Mulliken, 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 Anderson and Poulsen - 2.
House Bill No. 2990, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3003, by Representatives Honeyford, Crouse, Mielke, Wensman, Benson, Clements, Schoesler and Bush
Exempting computer wires and fiber optic cables from electrical wiring requirements.
The bill was read the second time.
Representative Honeyford moved the adoption of amendment (875):
On page 1, line 9, strike "computer wires and fiber optic cables;" and insert "noncomposite fiber optic cables,"
On page 1, line 10, after "equipment" strike "((,)) ;" and insert ","
On page 3, after line 2, insert the following:
"Sec. 2. RCW 19.28.200 and 1992 c 240 s 1 are each amended to read as follows:
(1) No license under the provision of this chapter shall be required from any utility or any person, firm, partnership, corporation, or other entity employed by a utility because of work in connection with the installation, repair, or maintenance of lines, wires, apparatus, or equipment owned by or under the control of a utility and used for transmission or distribution of electricity from the source of supply to the point of contact at the premises and/or property to be supplied and service connections and meters and other apparatus or appliances used in the measurement of the consumption of electricity by the customer.
(2) No license under the provisions of this chapter shall be required from any utility because of work in connection with the installation, repair, or maintenance of the following:
(a) Lines, wires, apparatus, or equipment used in the lighting of streets, alleys, ways, or public areas or squares;
(b) Lines, wires, apparatus, or equipment owned by a commercial, industrial, or public institution customer that are an integral part of a transmission or distribution system, either overhead or underground, providing service to such customer and located outside the building or structure: PROVIDED, That a utility does not initiate the sale of services to perform such work;
(c) Lines and wires, together with ancillary apparatus, and equipment, owned by a customer that is an independent power producer who has entered into an agreement for the sale of electricity to a utility and that are used in transmitting electricity from an electrical generating unit located on premises used by such customer to the point of interconnection with the utility's system.
(3) Any person, firm, partnership, corporation, or other entity licensed under RCW 19.28.120 may enter into a contract with a utility for the performance of work under subsection (2) of this section.
(4) No license under the provisions of this chapter shall be required from any person, firm, partnership, corporation, or other entity because of the work of installing and repairing ignition or lighting systems for motor vehicles.
(5) No license under the provisions of this chapter shall be required from any person, firm, partnership, corporation, or other entity because of work in connection with the installation, repair, or maintenance of wires and equipment, and installations thereof, exempted in RCW 19.28.010.
(6) No license under the provisions of this chapter shall be required from any person, firm, partnership, corporation, or other entity because of work in connection with the installation, repair, or maintenance of structured communication cabling. For purposes of this section, "structured communication cabling" means twisted pair copper and coaxial cables designed to support analog and digital voice applications, data, local area networks, and video. "Structured communication cabling" does not include the following, all of which are subject to this chapter: fire protection signaling systems, intrusion alarms, patient monitoring systems, and energy management control systems. Installation of structured communications cabling is subject to adopted electrical installations standards and inspections under RCW 19.28.210.
Sec. 3. RCW 19.28.610 and 1994 c 157 s 1 are each amended to read as follows:
Nothing in RCW 19.28.510 through 19.28.620 shall be construed to require that a person obtain a license or a certified electrician in order to do electrical work at his or her residence or farm or place of business or on other property owned by him or her unless the electrical work is on the construction of a new building intended for rent, sale, or lease. However, if the construction is of a new residential building with up to four units intended for rent, sale, or lease, the owner may receive an exemption from the requirement to obtain a license or use a certified electrician if he or she provides a signed affidavit to the department stating that he or she will be performing the work and will occupy one of the units as his or her principal residence. The owner shall apply to the department for this exemption and may only receive an exemption once every twenty-four months. It is intended that the owner receiving this exemption shall occupy the unit as his or her principal residence for twenty-four months after completion of the units. Nothing in RCW 19.28.510 through 19.28.620 shall be intended to derogate from or dispense with the requirements of any valid electrical code enacted by a city or town pursuant to RCW 19.28.010(3), except that no code shall require the holder of a certificate of competency to demonstrate any additional proof of competency or obtain any other license or pay any fee in order to engage in the electrical construction trade. RCW 19.28.510 through 19.28.620 shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their officers and employees. Nothing in RCW 19.28.510 through 19.28.620 shall be deemed to apply to the installation or maintenance of telephone, telegraph, radio, or television wires and equipment; nor to any electrical utility or its employees in the installation, repair, and maintenance of electrical wiring, circuits, and equipment by or for the utility, or comprising a part of its plants, lines or systems. The licensing provisions of RCW 19.28.510 through 19.28.620 shall not apply to:
(1) Persons making electrical installations on their own property or to regularly employed employees working on the premises of their employer, unless the electrical work is on the construction of a new building intended for rent, sale, or lease; or
(2) Employees of an employer while the employer is performing utility type work of the nature described in RCW 19.28.200 so long as such employees have registered in the state of Washington with or graduated from a state-approved outside lineman apprenticeship course that is recognized by the department and that qualifies a person to perform such work; or
(3) Persons, firms, partnerships, corporations, or other entities engaged in the installation, repair, or maintenance of structured communication cabling as defined in RCW 19.28.200(6).
Nothing in RCW 19.28.510 through 19.28.620 shall be construed to restrict the right of any householder to assist or receive assistance from a friend, neighbor, relative or other person when none of the individuals doing the electrical installation hold themselves out as engaged in the trade or business of electrical installations. Nothing precludes any person who is exempt from the licensing requirements of this chapter under this section from obtaining a journeyman or specialty certificate of competency if they otherwise meet the requirements of this chapter."
Correct the title.
Representatives Honeyford and Conway 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 Honeyford spoke in favor of passage of the bill.
Representative Conway spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 3003.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 3003, and the bill passed the House by the following vote: Yeas - 60, Nays - 36, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sump, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 60.
Voting nay: Representatives Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Regala, Romero, Scott, Sommers, D., Sommers, H., Sterk, Sullivan, Talcott, Tokuda, Veloria, Wolfe and Wood - 36.
Excused: Representatives Anderson and Poulsen - 2.
Engrossed House Bill No. 3003, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3030, by Representatives Talcott, Smith and Bush
Changing provisions relating to school district boundaries.
The bill was read the second time. There being no objection, Substitute House Bill No. 3030 was substituted for House Bill No. 3030 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 3030 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 Talcott and Cole spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 3030.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3030 and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, 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, 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 - 94.
Voting nay: Representatives Dickerson and Parlette - 2.
Excused: Representatives Anderson and Poulsen - 2.
Substitute House Bill No. 3030, having received the constitutional majority, was declared passed.
I intended to vote YEA on Substitute House Bill No. 3030.
LINDA EVANS PARLETTE, 12th District
HOUSE BILL NO. 3052, by Representatives L. Thomas, Smith, Mielke, Grant, DeBolt, Dyer, Hickel, Sullivan and Robertson
Authorizing self-audits by insurers.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives L. Thomas and Smith spoke in favor of passage of the bill.
Representatives Wolfe and Constantine spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 3052.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3052 and the bill passed the House by the following vote: Yeas - 65, Nays - 31, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, 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 - 65.
Voting nay: Representatives Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Kessler, Lantz, Mason, Murray, Ogden, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 31.
Excused: Representatives Anderson and Poulsen - 2.
House Bill No. 3052, having received the constitutional majority, was declared passed.
I intended to vote YEA on House Bill No. 3051.
PATRICIA LANTZ, 26th District
HOUSE BILL NO. 3076, by Representatives H. Sommers, Cooke, Dickerson, Anderson, Gardner and Ogden
Authorizing sharing of tax information for purposes of investigating food stamp fraud.
The bill was read the second time. There being no objection, Substitute House Bill No. 3076 was substituted for House Bill No. 3076 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 3076 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 H. Sommers and B. Thomas 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. 3076.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3076 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, 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, Mulliken, 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 Anderson and Poulsen - 2.
Substitute House Bill No. 3076, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3103, by Representatives Dickerson, Cooke, Tokuda, Keiser, Ogden, Costa and Boldt
Requiring newborn screening for exposure to harmful drugs.
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 Dickerson, Cooke and Tokuda spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 3103.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3103 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, 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, Mulliken, 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 Anderson and Poulsen - 2.
House Bill No. 3103, having received the constitutional majority, was declared passed.
There being no objection, the House deferred action on House Joint Memorial No. 4033 and the memorial held its place on second reading.
HOUSE JOINT MEMORIAL NO. 4036, by Representatives Grant, Mastin, Hankins, Schoesler, Sheahan, Linville, Robertson, Buck, Delvin and Ogden
Urging Congress to not breach dams.
The memorial was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the memorial was placed on final passage.
Representatives Grant and Mastin spoke in favor of passage of the memorial.
Representative Regala spoke against passage of the memorial.
The Speaker stated the question before the House to be final passage of House Joint Memorial No. 4036.
ROLL CALL
The Clerk called the roll on the final passage of House Joint Memorial No. 4036 and the memorial passed the House by the following vote: Yeas - 85, Nays - 11, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Conway, Cooke, Cooper, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Zellinsky and Mr. Speaker - 85.
Voting nay: Representatives Constantine, Costa, Dickerson, Dunshee, Keiser, Mason, Murray, Regala, Sommers, H., Wolfe and Wood - 11.
Excused: Representatives Anderson and Poulsen - 2.
House Joint Memorial No. 4036, having received the constitutional majority, was declared passed.
SECOND SUBSTITUTE HOUSE BILL NO. 1055, by House Committee on Appropriations (originally sponsored by Representatives Radcliff, Dunn, Carlson, Dickerson, Hatfield, Conway, Quall, Mason, Costa, Ogden, Anderson and O'Brien; by request of Higher Education Coordinating Board)
Creating undergraduate fellowships for needy and meritorious students.
The bill was read the second time. There being no objection, the Third Substitute House Bill No. 1055 was substituted for the Second Substitute House Bill No. 1055, and the third substitute was placed on second reading.
Third Substitute House Bill No. 1055 was read the second time.
Representative Radcliff moved the adoption of amendment (881):
On page 5, line 31, after "contract;" insert "and"
On page 5, beginning on line 32, strike all of subsection (4)
On page 6, beginning on line 11, strike all of subsection (4)
On page 6, line 30, after "invaded." insert:
"(3) The institution of higher education or the foundation shall include a representative of the undergraduate student body when selecting undergraduate fellowship and scholarship recipients."
Renumber the remaining subsections consecutively and correct internal references accordingly.
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.
The Speaker stated the question before the House to be final passage of Engrossed Third Substitute House Bill No. 1055.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Third Substitute House Bill No. 1055, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, 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, Mulliken, 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 Anderson and Poulsen - 2.
Engrossed Third Substitute House Bill No. 1055, having received the constitutional majority, was declared passed.
SUBSTITUTE HOUSE BILL NO. 1618, by House Committee on Health Care (originally sponsored by Representatives Skinner, Dyer, Conway, Zellinsky, Cody, Backlund, Parlette and Clements)
Modifying certain aspects of programs that treat impaired physicians.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 1618 was substituted for House Bill No. 1618 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 1618 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 Skinner, Cody, Backlund and Dyer spoke in favor of passage of the bill.
Representative Sherstad spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 1618.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 1618 and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, 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, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, 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: Representatives Koster and Sherstad - 2.
Excused: Representatives Anderson and Poulsen - 2.
Second Substitute House Bill No. 1618, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1846, by Representatives Smith, Koster, Talcott, Sump, Lambert, Buck, Thompson, Mielke, Crouse, Bush, Hankins, McMorris, Chandler, Radcliff, Parlette, B. Thomas and Sheahan
Maintaining voter registration lists.
The bill was read the second time. There being no objection, Substitute House Bill No. 1846 was substituted for House Bill No. 1846 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1846 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 Smith and Scott 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. 1846.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1846 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, 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, Mulliken, 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 Anderson and Poulsen - 2.
Substitute House Bill No. 1846, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1858, by Representatives Boldt, Cooke, Dickerson and Mulliken
Requiring parents who are the subject of an abuse or neglect allegation to be notified of their rights.
The bill was read the second time. There being no objection, Substitute House Bill No. 1858 was substituted for House Bill No. 1858 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1858 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 Boldt and Cooke spoke in favor of passage of the bill.
Representatives Tokuda and Wood spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1858.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1858 and the bill passed the House by the following vote: Yeas - 60, Nays - 37, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Cooper, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, 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 - 60.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 37.
Excused: Representative Poulsen - 1.
Substitute House Bill No. 1858, having received the constitutional majority, was declared passed.
I intended to vote NAY on Substitute House Bill No. 1858.
MIKE COOPER, 21st District
HOUSE JOINT MEMORIAL NO. 4029, by Representatives Buck, Schoesler, Pennington, Honeyford, Carrell, Radcliff, Benson, D. Schmidt, Koster and Sump
Regarding the Olympic National Park as a Biosphere Reserve within the Man and Biosphere Program.
The memorial was read the second time.
With the consent of the House, amendment number 829 to House Joint Memorial No. 4029 was withdrawn.
There being no objection, the rules were suspended, the second reading considered the third and the memorial was placed on final passage.
Representative Buck spoke in favor of passage of the memorial.
MOTION
On motion of Representative Kessler, Representative Mason was excused.
The Speaker stated the question before the House to be final passage of House Joint Memorial No. 4029.
ROLL CALL
The Clerk called the roll on the final passage of House Joint Memorial No. 4029 and the bill passed the House by the following vote: Yeas - 74, Nays - 22, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Cooper, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wood, Zellinsky and Mr. Speaker - 74.
Voting nay: Representatives Anderson, Appelwick, Chopp, Cody, Cole, Constantine, Conway, Costa, Dickerson, Dunshee, Fisher, Kastama, Kenney, Lantz, Murray, Ogden, Regala, Romero, Sullivan, Tokuda, Veloria and Wolfe - 22.
Excused: Representatives Mason and Poulsen - 2.
House Joint Memorial No. 4029, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2313, by Representatives Wood, Boldt and Conway; by request of Department of Labor & Industries
Revising the regulation of elevators, escalators, and other conveyances.
The bill was read the second time. There being no objection, Substitute House Bill No. 2313 was substituted for House Bill No. 2313 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2313 was read the second time.
Representative Schloester moved the adoption of amendment (834):
On page 7, after line 29 insert, "NEW SECTION. Sec. 5. A new section is added to chapter 70.87 RCW to read as follows:
Any fee authorized under this chapter shall not be newly imposed or increased without prior legislative approval."
Representative Schloester spoke in favor of the adoption of the amendment.
Representative Wood spoke against the adoption of the amendment.
Division was demanded. The Speaker divided the House. The results of the division was 59-YEAS; 37-NAYS.
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 Wood and Schoesler spoke in favor of passage of the bill.
Representative Kastama, Butler, Pennington and Gombosky spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2313.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2313 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, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Quall, 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.
Voting nay: Representative Radcliff - 1.
Excused: Representatives Mason and Poulsen - 2.
Engrossed Substitute House Bill No. 2313, having received the constitutional majority, was declared passed.
Representative Robertson congratulated Representative Wood on the passage of his first bill in the 55th Legislature.
HOUSE BILL NO. 2527, by Representatives McDonald, Constantine and Hickel; by request of Statute Law Committee
Making technical corrections to the Revised Code of Washington.
The bill was read the second time.
The bill was read the second time. There being no objection, Substitute House Bill No. 2527 was substituted for House Bill No. 2527 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2527 was read the second time.
With the consent of the House, amendment number 861 to Substitute House Bill No. 2527 was withdrawn.
Representative Lambert moved the adoption of amendment (897):
not in ATLAS (5/6/98)
Representatives Lambert and Constantine 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 McDonald and Constantine 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. 2527.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2527 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, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, 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 Mason and Poulsen - 2.
Engrossed Substitute House Bill No. 2527, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2277, by Representatives B. Thomas, Johnson, Dunshee and Wensman
Authorizing school districts to borrow money and issue bonds for repayment of certain real estate leases.
The bill was read the second time.
With the consent of the House, amendment number 852 to House Bill No. 2277 was withdrawn.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives B. Thomes, Dunshee, Honeyford, Chopp and Johnson spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2277.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2277, 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, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, 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 Mason and Poulsen - 2.
House Bill No. 2277, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2324, by Representatives B. Thomas, Lambert and Dyer
Establishing a legal presumption in favor of persons disputing tax obligations.
The bill was read the second time. There being no objection, Substitute House Bill No. 2324 was substituted for House Bill No. 2324 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2324 was read the second time.
Representative Dunshee moved the adoption of amendment (845):
On page 3, after line 10, insert the following:
"(5) The state may change or amend any existing tax or impose a new tax only if approved by a two-thirds vote of each house or with approval of a majority of the voters at a November general election."
Representative B. Thomas requested a Scope and Object ruling on amendment number 845 to Substitute House Bill No. 2324.
Representative B. Thomas, the Speaker is prepared to Rule on your Point of Order which challenges Amendment 845 to Substitute House Bill No. 2324 as being beyond the Scope and Object of the bill.
The title of Substitute House Bill No. 2324 is, "AN ACT Relating to a legal presumption in favor of persons disputing a tax obligation." The title is narrowly tailored. Substitute House Bill No. 2324 adds a new chapter to Title 7 RCW.
Substitute House Bill No. 2324 provides that a governmental entity claiming a tax obligation exists has the burden of proving that obligation. The bill also establishes a duty on governmental entities and taxpayers to make available upon request information necessary to determine the correct status of the tax obligation.
Amendment 845 provides that the state may change or amend any existing tax or impose a new tax only if approved by a two-thirds vote of each house or with approval of a majority of the voters at a November general election.
Substitute House Bill No. 2324 has nothing to do with creating new taxes or amending existing taxes. Nor does the bill deal in any way with how such taxes shall be approved.
The Speaker finds that Amendment 845 is clearly beyond the scope and object of the bill.
Representative B. Thomas, Your Point of Order is well taken.
Representative Conway moved the adoption of amendment (862):
On page 3, after line 10, insert:
"(5) This section does not apply to taxes imposed under Titles 50 or 51 RCW."
Representatives Conway and Dunshee spoke in favor of the adoption of the amendment.
Representatives B. Thomas and Dyer spoke against the adoption of the amendment.
Representative Conway again spoke in favor of the adoption of the amendment.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives B. Thomas, Pennington and Dyer spoke in favor of passage of the bill.
Representatives Dunshee, Gardner, Carrell, Dickerson, Dunshee (again) and O'Brien spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2324.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2324 and the bill passed the House by the following vote: Yeas - 63, Nays - 33, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, 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 - 63.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Hatfield, Keiser, Kenney, Lantz, Linville, Murray, O'Brien, Ogden, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 33.
Excused: Representatives Mason and Poulsen - 2.
Substitute House Bill No. 2324, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2659, by Representatives Fisher, K. Schmidt, Radcliff, O'Brien and Murray; by request of Governor Locke
Regulating collection of special fuel taxes and motor vehicle fuel tax.
The bill was read the second time. There being no objection, Substitute House Bill No. 2659 was substituted for House Bill No. 2659 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2659 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 Fisher, K. Schmidt and Murray 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. 2659.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2659 and the bill passed the House by the following vote: Yeas - 89, Nays - 7, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, 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, Mastin, McCune, McDonald, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Scott, Sehlin, 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 - 89.
Voting nay: Representatives Chandler, Delvin, McMorris, Mulliken, Schoesler, Sheahan and Sump - 7.
Excused: Representatives Mason and Poulsen - 2.
Substitute House Bill No. 2659, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2848, by Representatives Talcott, B. Thomas, Johnson, L. Thomas, Robertson, Lambert, Carrell, Bush, Backlund, Pennington, Lisk, McDonald, Zellinsky, Mielke, Radcliff, D. Schmidt, Cairnes, Sterk, D. Sommers, Sheahan, Carlson, Chandler, Smith, Boldt and Thompson
Defining the state's science and tenth grade assessment.
The bill was read the second time. There being no objection, Substitute House Bill No. 2848 was substituted for House Bill No. 2848 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2848 was read the second time.
Representative Cole moved the adoption of amendment (843):
On page 6, line 29, after "the student." strike all material through "assessment." on line 33.
On page 6, line 36, after "proficiency" strike all material through "taken" on line 37.
Representatives Cole and Keiser spoke in favor of the adoption of the amendment.
Representatives Carlson and Talcott spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Hickel moved the adoption of amendment (896):
On page 10, after line 17, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 28A.630 RCW to read as follows:
Pursuant to RCW 28A.630.885(3)(iii), the assessment system and essential academic learning requirements for arts, health, and fitness at the middle and high school levels are indefinitely delayed until legislation is adopted reinstating assessments and essential academic learning requirements in those subjects."
Renumber the remaining sections consecutively and correct the title and any internal references accordingly.
Representatives Hickel, Johnson, Smith and Lambert spoke in favor of the adoption of the amendment.
Representatives Linville, Carlson, Keiser, Ogden and Quall spoke against the adoption of the amendment.
Representative Lisk demanded an electronic roll call and the demand was sustained.
The Speaker stated the question to be the adoption of amendment 896 to House Bill No. 2848.
ROLL CALL
The Clerk called the roll on the adoption of amendment 896 to House Bill No. 2848, and the amendment was adopted by the following vote: Yeas - 52, Nays - 44, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mulliken, Parlette, Pennington, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 52.
Voting nay: Representatives Anderson, Appelwick, Ballasiotes, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mitchell, Morris, Murray, O'Brien, Ogden, Quall, Radcliff, Regala, Romero, Schmidt, K., Scott, Sommers, H., Sterk, Sullivan, Tokuda, Veloria, Wolfe and Wood - 44.
Excused: Representatives Mason and Poulsen - 2.
Representative Dunshee moved the adoption of amendment (886):
On page 21, after line 28, insert the following:
"NEW SECTION. Sec. 10. A new section is added to chapter 28A.150 RCW to read as follows:
(1) This section applies to school districts in which twenty-five percent or more of eligible students fail to obtain a certificate of academic proficiency under RCW 28A.630.885.
(2) Certificated instructional staffing allocations shall be as follows:
(a) For students in grade four, allocations shall be on the basis of one full-time certificated instructional staff for twenty students;
(b) For students in grades five and six, allocations shall be on the basis of one full-time certificated instructional staff for twenty-one students;
(c) For language arts and math students in grades seven through twelve, allocations shall be on the basis of one full-time certificated instructional staff for twenty students; and
(d) For students in kindergarten through grade three, allocations shall be on the basis of one full-time instructional staff for fifteen students.
(3) The superintendent of public instruction shall establish a summer institute for the improvement of instructional techniques and strategies for middle school, junior high school, and high school teachers. Each institute shall be thirty hours of staff development. The summer institute shall be offered each summer.
(4) There shall be an additional supplies and materials allocation to support the class size reduction program in subsection (2) of this section. This allocation shall be provided to the certificated instructional staff in affected grade levels."
Correct the title.
Representative Hickel requested a Scope and Object on amendment number 886 to Substitute House Bill No. 2848.
There being no objection, the House deferred action on Substitute House Bill No. 2848 and the bill held its place on second reading.
The Speaker called upon Representative Pennington to preside.
HOUSE BILL NO. 2955, by Representatives Schoesler, Sterk, Johnson, Mulliken, Bush, Hickel and Quall
Changing procedures for annexation of school district property.
The bill was read the second time. There being no objection, Substitute House Bill No. 2955 was substituted for House Bill No. 2955 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2955 was read the second time.
With the consent of the House, amendment number 877 to Substitute House Bill No. 2955 was withdrawn.
Representative Cole moved the adoption of amendment (851):
Beginning on page 1, line 4, strike all of section 1
Renumber the remaining section consecutively and correct the title accordingly.
Representatives Cole and Carrell spoke in favor of the adoption of the amendment.
Representative Schoesler spoke against the adoption of the amendment.
Division was demanded. The Speaker (Representative Pennington presiding) divided the House. The results of the division was 46-YEAS; 50-NAYS.
The amendment was not adopted.
Representative Carrell moved the adoption of amendment (895):
On page 3, line 18, after "equitable" insert ". The board shall also study the likely effects of section 1 of this act, and shall make recommendations accordingly"
On page 3, after line 21, insert:
"NEW SECTION. Sec. 3. Section 1 of this act shall take effect July 1, 1999."
Correct the title.
Representatives Carrell, Linville and Cole spoke in favor of the adoption of the amendment.
Representatives Schoesler and Reams spoke against adoption of the amendment.
Representative Carrell spoke again in favor of the adoption of the amendment.
Representative Schoesler again spoke against adoption of the amendment.
Division was demanded. The Speaker (Representative Pennington presiding) divided the House. The results of the division was 47-YEAS; 48-NAYS.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Schoesler, Talcott and Reams spoke in favor of passage of the bill.
Representatives Appelwick, Keiser, Carrell, Cole, Linville and Carlson spoke against passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 2955.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2955 and the bill passed the House by the following vote: Yeas - 51, Nays - 45, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Pennington, Quall, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 51.
Voting nay: Representatives Anderson, Appelwick, Butler, Carlson, Carrell, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, DeBolt, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Morris, Murray, O'Brien, Ogden, Parlette, Radcliff, Regala, Romero, Scott, Sommers, H., Thomas, B., Tokuda, Veloria, Wolfe and Wood - 45.
Excused: Representatives Mason and Poulsen - 2.
Substitute House Bill No. 2955, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2039, by Representatives Johnson, Ballasiotes, Bush, Koster, Sump, Clements, Mielke, Dunn, Hickel, D. Schmidt, McMorris, Mulliken, Benson, D. Sommers, Smith, Mitchell, Boldt, Sheahan, Pennington, Delvin, Talcott, Sheldon, Wensman, Schoesler and Honeyford
Making an inmate liable for the costs of the incarceration.
The bill was read the second time. There being no objection, Substitute House Bill No. 2039 was substituted for House Bill No. 2039 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2039 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 Johnson, Ballasiotes and Quall spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 2039.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2039 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, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, 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 Mason and Poulsen - 2.
Substitute House Bill No. 2039, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2306, by Representatives Smith, B. Thomas, Bush and Dunn
Determining citizenship of voter registration applicants.
The bill was read the second time. There being no objection, Substitute House Bill No. 2306 was substituted for House Bill No. 2306 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2306 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 Smith and Scott spoke in favor of passage of the bill.
Representative Dunshee and Doumit spoke against passage of the bill.
Representative Smith spoke again in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 2306.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2306 and the bill passed the House by the following vote: Yeas - 72, Nays - 24, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Conway, Cooke, Cooper, Crouse, DeBolt, Delvin, Dunn, Dyer, Gardner, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Ogden, Parlette, Pennington, 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, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 72.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gombosky, Hatfield, Kenney, Morris, Murray, Quall, Regala, Romero, Sommers, H., Tokuda and Veloria - 24.
Excused: Representatives Mason and Poulsen - 2.
Substitute House Bill No. 2306, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2331, by Representatives Hickel, Johnson and B. Thomas
Changing school district contracting provisions.
The bill was read the second time.
Representative Keiser moved the adoption of amendment (904):
On page 2, after line 36, insert:
"Sec. 3. RCW 41.56.070 and 1975 1st ex.s. c 296 § 18 are each amended to read as follows:
In the event the commission elects to conduct an election to ascertain the exclusive bargaining representative, and upon the request of a prospective bargaining representative showing written proof of at least thirty percent representation of the public employees within the unit, the commission shall hold an election by secret ballot to determine the issue. The ballot shall contain the name of such bargaining representative and of any other bargaining representative showing written proof of at least ten percent representation of the public employees within the unit, together with a choice for any public employee to designate that he does not desire to be represented by any bargaining agent. Where more than one organization is on the ballot and neither of the three or more choices receives a majority vote of the public employees within the bargaining unit, a run-off election shall be held. The run-off ballot shall contain the two choices which received the largest and second-largest number of votes. No question concerning representation may be raised within one year of a certification or attempted certification. Where there is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period not more than ninety nor less than sixty days prior to the expiration date of the agreement. Any agreement which contains a provision for automatic renewal or extension of the agreement shall not be a valid agreement; nor shall any agreement be valid if it provides for a term of existence for more than three years. The limitation on the term of an agreement to not more than three years shall not apply to employees of school districts."
Correct the title.
Representative Hickel requested a Scope and Object on amendment number 904 to House Bill No. 2331.
There being no objection, the House deferred action on House Bill No. 2331 and the bill held its place on second reading.
HOUSE BILL NO. 2339, by Representatives Thompson, Mulliken, Pennington, Gardner, Romero, Chopp, Anderson, Boldt and Lantz
Authorizing wetlands mitigation banking.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2339 was substituted for House Bill No. 2339 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2339 was read the second time.
Representative Thompson moved the adoption of amendment (920):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that wetlands mitigation banks are an important tool for providing compensatory mitigation for unavoidable impacts to wetlands. The legislature further finds that the benefits of mitigation banks include: (a) Maintenance of the ecological functioning of a watershed by consolidating compensatory mitigation into a single large parcel rather than smaller individual parcels; (b) increased potential for the establishment and long-term management of successful mitigation by bringing together financial resources, planning, and scientific expertise not practicable for many project-specific mitigation proposals; (c) increased certainty over the success of mitigation and reduction of temporal losses of wetlands since mitigation banks are typically implemented and functioning in advance of project impacts; (d) potential enhanced protection and preservation of the state's highest value and highest functioning wetlands; (e) a reduction in permit processing times and increased opportunity for more cost-effective compensatory mitigation for development projects; and (f) the ability to provide compensatory mitigation in an efficient, predictable, and economically and environmentally responsible manner. Therefore, the legislature declares that it is the policy of the state to authorize wetland mitigation banking.
(2) The purpose of this chapter is to support the establishment of mitigation banks by: (a) Authorizing state agencies and local governments, as well as private entities, to achieve the goals of this chapter; and (b) providing a predictable, efficient, regulatory framework, including timely review of mitigation bank proposals. The legislature intends that, in the development and adoption of rules for banks, the department establish and use a collaborative process involving interested public and private entities.
NEW SECTION. Sec. 2. This chapter does not create any new authority for regulating wetlands or wetlands banks beyond what is specifically provided for in this chapter. No authority is granted to the department under this chapter to adopt rules or guidance that apply to wetland projects other than banks under this chapter.
NEW SECTION. Sec. 3. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Banking instrument" means the documentation of agency and bank sponsor concurrence on the objectives and administration of the bank that describes in detail the physical and legal characteristics of the bank, including the service area, and how the bank will be established and operated.
(2) "Bank sponsor" means any public or private entity responsible for establishing and, in most circumstances, operating a bank.
(3) "Credit" means a unit of trade representing the increase in the ecological value of the site, as measured by acreage, functions, and/or values, or by some other assessment method.
(4) "Department" means the department of ecology.
(5) "Wetlands mitigation bank" or "bank" means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources.
(6) "Mitigation" means sequentially avoiding impacts, minimizing impacts, and compensating for remaining unavoidable impacts.
(7) "Practicable" means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.
(8) "Service area" means the designated geographic area in which a bank can reasonably be expected to provide appropriate compensation for unavoidable impacts to wetlands.
(9) "Unavoidable" means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.
NEW SECTION. Sec. 4. Subject to the requirements of this chapter, the department, through a collaborative process, shall adopt rules for:
(1) Certification, operation, and monitoring of wetlands mitigation banks. The rules shall include procedures to assure that:
(a) Priority is given to banks providing for the restoration of degraded or former wetlands;
(b) Banks involving the creation and enhancement of wetlands are certified only where there are adequate assurances of success and that the bank will result in an overall environmental benefit; and
(c) Banks involving the preservation of wetlands or associated uplands are certified only when the preservation is in conjunction with the restoration, enhancement, or creation of a wetland, or in other exceptional circumstances as determined by the department consistent with this chapter;
(2) Determination and release of credits from banks. Procedures regarding credits shall authorize the use and sale of credits to offset adverse impacts and the release of credits before all of the performance standards have been met;
(3) Public involvement in the certification of banks, using existing statutory authority;
(4) Coordination of governmental agencies;
(5) Establishment of criteria for determining service areas for each bank;
(6) Performance standards; and
(7) Long-term management, financial assurances, and remediation for certified banks.
Before adopting rules under this chapter, the department shall submit the proposed rules to the appropriate standing committees of the legislature during the next legislative session. By January 30, 1999, the department shall submit a report to the appropriate standing committees of the legislature on its progress in developing rules under this chapter.
NEW SECTION. Sec. 5. (1) The department may certify only those banks that meet the requirements of this chapter. Certification shall be accomplished through a banking instrument. The local jurisdiction in which the bank is located shall be signatory to the banking instrument.
(2) State agencies and local governments may approve use of credits from a bank for any mitigation required under a permit issued or approved by that state agency or local government to compensate for the proposed impacts of a specific public or private project.
NEW SECTION. Sec. 6. Prior to authorizing use of credits from a bank as a means of mitigation under a permit issued or approved by the department, the department must assure that all appropriate and practicable steps have been undertaken to first avoid and then minimize adverse impacts to wetlands. The department may approve use of credits from a bank when there is no practicable opportunity for on-site compensation, or when use of credits from a bank is environmentally preferable to on-site compensation.
NEW SECTION. Sec. 7. The interpretation of this chapter and rules adopted under this chapter must be consistent with applicable federal guidance for the establishment, use, and operation of wetlands mitigation banks as it existed on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this chapter.
NEW SECTION. Sec. 8. This chapter applies to public and private mitigation banks.
NEW SECTION. Sec. 9. 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. 10. The director of the department of ecology may take the necessary steps to ensure that this act is implemented on its effective date.
NEW SECTION. Sec. 11. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void.
NEW SECTION. Sec. 12. Sections 1 through 9 of this act constitute a new chapter in Title 90 RCW."
Representatives Thompson and Romero spoke in favor of the adoption of the amendment.
Representative Doumit spoke against the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Thompson and Romero spoke in favor of passage of the bill.
Representatives Kessler, Doumit and Hatfield spoke against passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2339.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2339 and the bill passed the House by the following vote: Yeas - 83, Nays - 13, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Dunn, Dunshee, Dyer, Fisher, Gardner, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Kenney, Koster, Lambert, Lantz, Linville, Lisk, McDonald, 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, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 83.
Voting nay: Representatives Chandler, Doumit, Eickmeyer, Gombosky, Grant, Hatfield, Keiser, Kessler, Mastin, McCune, McMorris, Mulliken and Sump - 13.
Excused: Representatives Mason and Poulsen - 2.
Engrossed Second Substitute House Bill No. 2339, having received the constitutional majority, was declared passed.
There being no objection, the House reverted to the fourth order of business.
INTRODUCTIONS AND FIRST READING
SSB 5582 by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Goings, Schow, Stevens, Oke and Kline)
Prohibiting the purchase of liquor by intoxicated persons.
Referred to Committee on Law & Justice.
ESB 6123 by Senators Morton and Rasmussen; by request of Department of Agriculture
Regulating animal health.
Referred to Committee on Agriculture & Ecology.
Requiring the regional fisheries enhancement group advisory board to make recommendations on certain fiscal matters.
Referred to Committee on Natural Resources.
SB 6171 by Senators Strannigan, Fraser, West and Spanel; by request of Public Works Board
Authorizing loans for projects recommended by the public works board.
Referred to Committee on Capital Budget.
SB 6219 by Senators McDonald, McCaslin, Patterson, West and Hale; by request of Office of Financial Management
Making technical corrections to the Revised Code of Washington concerning reports to the legislature that are no longer necessary.
Referred to Committee on Government Administration.
SB 6278 by Senators Horn, McCaslin and T. Sheldon
Specifying the number of signatures required on a petition to place on the ballot the question of changing the name of a port district.
Referred to Committee on Government Administration.
SB 6287 by Senators T. Sheldon, Benton, Brown, Rossi, Finkbeiner, Rasmussen and Anderson
Adding inhabitants of county as recipients of water works benefits.
Referred to Committee on Government Administration.
SB 6299 by Senators Johnson and Heavey
Identifying where actions for unlawful issuance of a check or draft may be brought.
Referred to Committee on Law & Justice.
SB 6337 by Senators Winsley, Kline, Patterson, Kohl, Fairley, Brown, Goings, McAuliffe and Rasmussen
Modifying property tax exemptions for nonprofit organizations.
Referred to Committee on Finance.
SB 6348 by Senators Hale and Haugen; by request of Department of Revenue
Eliminating requirements for filing certificates or annual summaries for sales and use tax exemptions on manufacturing machinery and equipment.
Referred to Committee on House Government Reform & Land Use.
SB 6355 by Senators Winsley, Prentice, Sellar, Heavey, Benton and Hale; by request of Department of Financial Institutions
Regulating share insurance for credit unions.
Referred to Committee on Financial Institutions & Insurance.
SSB 6550 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Deccio, Wojahn, Wood and Fairley)
Certifying chemical dependency professionals.
Referred to Committee on Health Care.
There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Robertson, the House adjourned until 9:00 a.m., Friday, February 13, 1998.
TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker