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THIRTY THIRD DAY
MORNING SESSION
House Chamber, Olympia, Friday, February 13, 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 Kate Clark and Nicole Weist. Prayer was offered by Pastor Daniel Moyer, Missionary to Zambia.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES
February 12, 1998
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5853,
ENGROSSED SENATE BILL NO. 6142,
SUBSTITUTE SENATE BILL NO. 6150,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6152,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6165,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6166,
SUBSTITUTE SENATE BILL NO. 6195,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6196,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6205,
SUBSTITUTE SENATE BILL NO. 6212,
SUBSTITUTE SENATE BILL NO. 6251,
SUBSTITUTE SENATE BILL NO. 6254,
SUBSTITUTE SENATE BILL NO. 6258,
SECOND SUBSTITUTE SENATE BILL NO. 6264,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6293,
SUBSTITUTE SENATE BILL NO. 6302,
SUBSTITUTE SENATE BILL NO. 6324,
SUBSTITUTE SENATE BILL NO. 6346,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
February 12, 1998
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 6379,
SUBSTITUTE SENATE BILL NO. 6409,
SUBSTITUTE SENATE BILL NO. 6420,
SUBSTITUTE SENATE BILL NO. 6422,
SUBSTITUTE SENATE BILL NO. 6439,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2355, by Representatives Alexander, Ogden, Lantz, Anderson and Conway; by request of Parks and Recreation Commission
Managing state park lands.
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 Alexander and Lantz spoke in favor of passage of the bill.
MOTION
On motion by Representative Cairnes, Representatives Dunn, Sump and McMorris were excused.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of House Bill No. 2355.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2355 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, 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, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Dunn, McMorris and Sump - 3.
House Bill No. 2355, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2373, by Representatives Carlson, Kenney, O'Brien, Anderson and Mason
Creating the border county higher education opportunity pilot project.
The bill was read the second time. There being no objection, Substitute House Bill No. 2373 was substituted for House Bill No. 2373 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2373 was read the second time.
Representative Carlson moved the adoption of amendment (870):
On page 6, after line 23, insert the following:
"Sec. 8. RCW 28B.101.020 and 1990 c 288 s 4 are each amended to read as follows:
(1) For the purposes of this chapter, "placebound" means unable to relocate to complete a college program because of family or employment commitments, health concerns, monetary inability, or other similar factors.
(2) To be eligible for an educational opportunity grant, applicants must be placebound residents of the state of Washington who are needy students as defined in RCW 28B.10.802(3) and who have completed the associate of arts degree or its equivalent. A placebound resident is one who may be influenced by the receipt of an enhanced student financial aid award to attend an institution that has existing unused capacity rather than attend a branch campus established pursuant to chapter 28B.45 RCW , except that grants may be used to attend the Vancouver branch of the Washington State University as part of the pilot project established under sections 2 through 4 of this act. An eligible placebound applicant is further defined as a person whose residence is located in an area served by a branch campus who, because of family or employment commitments, health concerns, monetary need, or other similar factors, would be unable to complete an upper-division course of study but for receipt of an educational opportunity grant.
Sec. 9. RCW 28B.101.040 and 1993 sp.s. c 18 s 35 and 1993 c 385 s 2 are each reenacted and amended to read as follows:
Grants may be used by eligible participants to attend any public or private college or university in the state of Washington that is accredited by an accrediting association recognized by rule of the higher education coordinating board and that has an existing unused capacity. Grants shall not be used to attend any branch campus or educational program established under chapter 28B.45 RCW , except that grants may be used to attend the Vancouver branch of the Washington State University as part of the pilot project established under sections 2 through 4 of this act. The participant shall not be eligible for a grant if it will be used for any programs that include religious worship, exercise, or instruction or to pursue a degree in theology. Each participating student may receive up to two thousand five hundred dollars per academic year, not to exceed the student's demonstrated financial need for the course of study. Resident students as defined in RCW 28B.15.012(2)(e) are not eligible for grants under this chapter."
Renumber the remaining section consecutively and correct references accordingly.
Correct the title.
Representatives Carlson and Mason 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 Carlson and Kenney spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Engrossed Substitute House Bill No. 2373.
ROLL CALL
The Clerk called the roll on the final passage of Engrosseed Substitute House Bill No. 2373 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
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, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Dunn - 1.
Engrossed Substitute House Bill No. 2373, having received the constitutional majority, was declared passed.
HOUSE BILL 2374, by Representatives Carlson, Dunn, Constantine, Radcliff, Gardner, Sheahan, Kenney, O'Brien, L. Thomas, Scott, Linville, Hatfield, Benson, Romero, Butler, Kessler, Chopp, Costa, Anderson, Cooke, Cooper, Schoesler, Mason, Gombosky, Conway, Lantz and Tokuda
Relating to the membership of the governing boards of the state's institutions of higher education.
The bill was read the second time. There being no objection, Substitute House Bill No. 2374 was substituted for House Bill No. 2374 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2374 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 Carlson, Mason, Butler, Kessler and Kenney 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. 2374.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2374 and the bill passed the House by the following vote: Yeas - 86, Nays - 11, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Hickel, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 86.
Voting nay: Representatives Carrell, Dyer, Hankins, Honeyford, Koster, Lisk, McMorris, Mulliken, Robertson, Sherstad, Thomas and B. - 11.
Excused: Representative Dunn - 1.
Substitute House Bill No. 2374, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2430, by Representatives Huff, Carlson, Kenney, Radcliff and McDonald; by request of Committee on Advanced College Tuition Payment and Higher Education Coordinating Board
Changing provisions relating to the advanced college tuition payment program.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2430 was substituted for House Bill No. 2430 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2430 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Huff spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Second Substitute House Bill No. 2430.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2430 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
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, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Dunn - 1.
Second Substitute House Bill No. 2430, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2431, by Representatives DeBolt, Alexander, Mielke, Johnson and Pennington
Refining provisions concerning the Southwest Washington Fair.
The bill was read the second time. There being no objection, Substitute House Bill No. 2431 was substituted for House Bill No. 2431 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2431 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives DeBolt and Scott spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Substitute House Bill No. 2431.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2431 and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.
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, 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, 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 - 95.
Voting nay: Representatives Morris and Poulsen - 2.
Excused: Representative Dunn - 1.
Substitute House Bill No. 2431, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2452, by Representatives Backlund, Cody, Parlette, Kastama, DeBolt, Dyer, Lambert, Koster, Sherstad, Benson, Anderson and Zellinsky
Defining medication assistance in community-based settings.
The bill was read the second time. There being no objection, Substitute House Bill No. 2452 was substituted for House Bill No. 2452 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2452 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 Backlund and Cody spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Substitute House Bill No. 2452.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2452 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
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, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Dunn - 1.
Substitute House Bill No. 2452, having received the constitutional majority, was declared passed.
Representative Robertson, having voted on the prevailing side, moved that the rules be suspended, and that the House immediately reconsider the vote on Substitute House Bill No. 2374. The motion was carried.
RECONSIDERATION
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 2374 on reconsideration.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2374 on reconsideration and the bill passed the House by the following vote: Yeas - 83, Nays - 14, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Hickel, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Skinner, Smith, Sommers, D., Sommers, H., Sullivan, Sump, Talcott, Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wolfe, Wood and Zellinsky - 83.
Voting nay: Representatives Carrell, Crouse, Hankins, Honeyford, Koster, Lisk, Mulliken, Parlette, Robertson, Sherstad, Sterk, Thomas, B., Wensman and Mr. Speaker - 14.
Excused: Representative Dunn - 1.
Substitute House Bill No. 2374, on reconsideration, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2461, by Representatives Buck, Sump, Kessler, Schoesler, Benson, Koster, DeBolt, McMorris, Alexander, Gardner, Linville, Thompson and Mulliken
Requiring a timely distribution of certain state forest land funds back to the counties.
The bill was read the second time. There being no objection, Substitute House Bill No. 2461 was substituted for House Bill No. 2461 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2461 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Buck spoke in favor of passage of the bill.
Representative Regala spoke against passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Substitute House Bill No. 2461.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2461 and the bill passed the House by the following vote: Yeas - 84, Nays - 13, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dyer, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, 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, Tokuda, Van Luven, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 84.
Voting nay: Representatives Appelwick, Butler, Cody, Dunshee, Fisher, Kenney, Lantz, Murray, Regala, Romero, Sommers, H., Sullivan and Veloria - 13.
Excused: Representative Dunn - 1.
Substitute House Bill No. 2461, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 2496 and the bill held it's place on the second reading calendar.
HOUSE BILL NO. 2521, by Representatives Benson, Sheahan, O'Brien, Quall, Cairnes, Mielke, Lambert, Hickel, Zellinsky, Delvin, Sterk, Robertson, D. Sommers, Schoesler, Carrell, Thompson and Sullivan
Providing for curfews.
The bill was read the second time. There being no objection, Substitute House Bill No. 2521 was substituted for House Bill No. 2521 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2521 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Benson spoke in favor of passage of the bill.
Representative Appelwick spoke against passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Substitute House Bill No. 2521.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2521 and the bill passed the House by the following vote: Yeas - 80, Nays - 17, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Doumit, Dunshee, Dyer, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wolfe, Wood and Mr. Speaker - 80.
Voting nay: Representatives Appelwick, Butler, Chopp, Cole, Constantine, Dickerson, Fisher, Hatfield, Kenney, Mason, Murray, Poulsen, Regala, Romero, Tokuda, Veloria and Zellinsky - 17.
Excused: Representative Dunn - 1.
Substitute House Bill No. 2521, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2538, by Representatives Alexander, DeBolt, Sheahan and Appelwick
Creating a new superior court position for Lewis county.
The bill was read the second time. There being no objection, Substitute House Bill No. 2538 was substituted for House Bill No. 2538 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2538 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 Alexander, Costa and Morris spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Substitute House Bill No. 2538.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2538 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
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, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Dunn - 1.
Substitute House Bill No. 2538, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2542, by Representatives Mulliken, Thompson, Cairnes, DeBolt, McMorris, Sherstad, Koster, Mielke, Sump, Bush, Johnson, D. Sommers and Schoesler
Allowing rural counties to remove themselves and their cities from planning requirements under the growth management act.
The bill was read the second time.
Representative Romero moved the adoption of amendment (905):
On page 2, line 3, after "adopted" strike "and" and insert "((and)), with the concurrence of the cities as provided in (c) of this subsection, and the resolution is"
On page 2, after line 17, insert the following:
"(c) A resolution adopted by the county under (b) of this subsection is effective only if at least sixty percent of the cities in the county representing a minimum of seventy-five percent of the cities' population within the county have adopted resolutions concurring in the resolution of the county."
On page 2, line 18, after "(2)" insert "(a)"
On page 2, line 32, after "adopted" strike "and" and insert ", with the concurrence of the cities as provided in (b) of this subsection, and the resolution is"
On page 2, after line 38, insert the following:
"(b) A resolution adopted by the county under (a) of this subsection is effective only if at least sixty percent of the cities in the county representing a minimum of seventy-five percent of the cities' population within the county have adopted resolutions concurring in the resolution of the county."
Representatives Romero and Gardner spoke in favor of the adoption of the amendment.
Representatives Mulliken and Reams 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.
Representatives Mulliken and Doumit spoke in favor of passage of the bill.
Representatives Romero and Lantz spoke against passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of House Bill No. 2542.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2542 and the bill passed the House by the following vote: Yeas - 63, Nays - 35, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Morris, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schoesler, 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, Dunshee, Fisher, Gardner, Kastama, Keiser, Kenney, Lantz, Linville, Mason, Mitchell, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Schmidt, K., Scott, Sehlin, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 35.
House Bill No. 2542, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2545, by Representatives Radcliff, Dunshee, Scott, Thompson and D. Schmidt
Exempting community radio stations from property taxation.
The bill was read the second time. There being no objection, Substitute House Bill No. 2545 was substituted for House Bill No. 2545 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2545 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 Radcliff, Dickerson and Van Luven spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Substitute House Bill No. 2545.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2545 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Substitute House Bill No. 2545, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2551, by Representative Crouse
Allowing utilities to take actions, such as requiring deposits, to ensure payment.
The bill was read the second time. There being no objection, Substitute House Bill No. 2551 was substituted for House Bill No. 2551 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2551 was read the second time.
Representative Crouse moved the adoption of amendment (856):
On page 1, line 7, strike "(1)"
On page 2, beginning on line 3, strike all of subsection (2)
Beginning on page 4, line 38, strike all of subsection (8)
On page 8, beginning on line 12, strike all of subsection (11)
Correct internal references accordingly.
Representatives Crouse and Poulsen spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Crouse moved the adoption of amendment (894):
On page 2, beginning on line 29, after "delinquency" strike all material through "delinquency" on line 30 and insert "at the same time and in the same manner the city or town notifies the tenant of the tenant’s delinquency or by mail"
On page 4, after line 30, strike all material through "delinquency" on line 32 and insert "at the same time and in the same manner the district notifies the tenant of the tenant’s delinquency or by mail"
On page 7, after line 28, strike all material through "delinquency" on line 30 and insert "at the same time and in the same manner the board notifies the tenant of the tenant’s delinquency or by mail"
Representatives Crouse and Morris spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Crouse and Poulsen spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Engrossed Substitute House Bill No. 2551.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2551 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 2551, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2556, by Representatives Cooke, Tokuda and O'Brien; by request of Department of Social and Health Services
Making changes concerning the federal child abuse prevention and treatment act.
The bill was read the second time. There being no objection, Substitute House Bill No. 2556 was substituted for House Bill No. 2556 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2556 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 Cooke and Tokuda spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Substitute House Bill No. 2556.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2556 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Substitute House Bill No. 2556, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2562, by Representatives D. Schmidt, Scott and Wensman
Specifying the number of signatures required on a petition to place on the ballot the question of changing the name of a port district.
The bill was read the second time. There being no objection, Substitute House Bill No. 2562 was substituted for House Bill No. 2562 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2562 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives D. Schmidt, Scott and Veloria spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Substitute House Bill No. 2562.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2562 and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, 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 - 93.
Voting nay: Representatives Constantine, Keiser, Poulsen, Quall and Van Luven - 5.
Substitute House Bill No. 2562, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 2570 and House Bill No. 2578, and the bills held its places on the second reading calendar.
HOUSE BILL NO. 2589, by Representatives Boldt, Cooke, McDonald, Bush, Clements and Schoesler
Requiring disclosure of the names of both parents of children as a condition of eligibility for temporary assistance for needy families.
The bill was read the second time. There being no objection, Substitute House Bill No. 2589 was substituted for House Bill No. 2589 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2589 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 Tokuda spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Substitute House Bill No. 2589.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2589 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Substitute House Bill No. 2589, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2598, by Representatives Radcliff, McDonald, Pennington, Dickerson, Mastin, Dunshee, O'Brien, Mulliken, Cole, Conway, Mason, Wood and Ogden
Modifying property tax exemptions for nonprofit organizations.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Radcliff and Dunshee spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of House Bill No. 2598.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2598 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
House Bill No. 2598, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2604, by Representatives Mason, Radcliff, Johnson, Carlson, Kessler, Sheahan, Van Luven, Cole, Dickerson, Butler, Hatfield, Kenney, O'Brien, Chopp, Keiser, Anderson, Ogden, Costa, Quall and Gombosky
Requiring a study of the impact of parental involvement on academic achievement.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2604 was substituted for House Bill No. 2604 and the substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2604 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 Mason and Veloria spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Second Substitute House Bill No. 2604.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2604 and the bill passed the House by the following vote: Yeas - 92, Nays - 6, Absent - 0, Excused - 0.
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, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.
Voting nay: Representatives Dunn, Honeyford, Koster, Lisk, Mielke and Mulliken - 6.
Second Substitute House Bill No. 2604, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2618, by Representatives Chandler, Linville, O'Brien, Costa and Sump; by request of Governor Locke
Adopting the fertilizer regulation act.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2618 was substituted for House Bill No. 2618 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2618 was read the second time.
With the consent of the House, amendment number 893 to Second Substitute House Bill No. 2618 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 Chandler, Parlette, Schoesler, Linville and Cooper spoke in favor of passage of the bill.
Representative Anderson spoke against passage of the bill.
The Speaker (Representative Pennington presiding) the question before the House to be final passage of Second Substitute House Bill No. 2618.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2618 and the bill passed the House by the following vote: Yeas - 80, Nays - 18, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Cooke, Cooper, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 80.
Voting nay: Representatives Anderson, Appelwick, Boldt, Chopp, Cole, Constantine, Conway, Costa, Dickerson, Dunshee, Fisher, Keiser, Kenney, O'Brien, Poulsen, Romero, Scott and Sullivan - 18.
Second Substitute House Bill No. 2618, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2622, by Representatives Kessler, Doumit, Lantz and Hatfield
Confirming growth management hearings board members.
The bill was read the second time. There being no objection, Substitute House Bill No. 2622 was substituted for House Bill No. 2622 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2622 was read the second time.
Representative Kessler moved the adoption of amendment (926):
On page 1, beginning on line 4, strike all material through line 14 on page 2 and insert the following:
"Sec. 1. RCW 36.70A.260 and 1994 c 249 s 30 are each amended to read as follows:
(1) Each growth management hearings board shall consist of three members qualified by experience or training in matters pertaining to land use planning and residing within the jurisdictional boundaries of the applicable board. At least one member of each board must be admitted to practice law in this state and at least one member must have been a city or county elected official. Each board shall be appointed by the governor and confirmed by the senate and not more than two members at the time of appointment or during their term shall be members of the same political party. No more than two members at the time of appointment or during their term shall reside in the same county.
(2) Each member of a board shall be appointed for a term of six years and be subject to senate confirmation. A vacancy shall be filled by appointment by the governor, subject to senate confirmation, for the unexpired portion of the term in which the vacancy occurs. The terms of the first three members of a board shall be staggered so that one member is appointed to serve until July 1, 1994, one member until July 1, 1996, and one member until July 1, 1998."
Representative Kessler spoke in favor of the adoption of the amendment.
Representative Reams spoke against the adoption of the amendment.
Division was demanded. The Speaker (Representative Pennington presiding) divided the House. The results of the division was 42-YEAS; 55-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.
Representative Kessler spoke against passage of the bill.
Representative Cairnes spoke in favor of passage of the bill.
Representative Gardner 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. 2622.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2622 and the bill passed the House by the following vote: Yeas - 56, Nays - 42, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Crouse, DeBolt, Delvin, Dunn, Dyer, Hickel, Honeyford, Huff, Johnson, 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 - 56.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 42.
Substitute House Bill No. 2622, having received the constitutional majority, was declared passed.
There being no objection, the House immediately reconsidered the final passage of Substitute House Bill No. 2622.
Representatives Romero, Linville, Doumit and Dunshee spoke against the passage of the bill.
Representatives Reams and Mastin spoke in favor of the passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 2622 on reconsideration.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2622 on reconsideration and the bill passed the House by the following vote: Yeas - 56, Nays - 42, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Crouse, DeBolt, Delvin, Dunn, Dyer, Hickel, Honeyford, Huff, Johnson, 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 - 56.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 42.
Substitute House Bill No. 2622, on reconsideration, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2628, by Representatives Schoesler, Quall, Costa, O'Brien, Dunshee, Ballasiotes, Dyer, Thompson, Wolfe and Lambert; by request of Governor Locke
Increasing the penalty for manufacture of methamphetamine.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Schoesler and 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 House Bill No. 2628.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2628 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
House Bill No. 2628, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2685, by Representatives Sheahan, Costa, Lambert, O'Brien, Ballasiotes, Conway, B. Thomas and Romero
Creating a privilege for communications between victims of domestic violence and victims' advocates.
The bill was read the second time. There being no objection, Substitute House Bill No. 2685 was substituted for House Bill No. 2685 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2685 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Sheahan and Costa spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 2685.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2685 and the bill passed the House by the following vote: Yeas - 95, Nays - 3, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Voting nay: Representatives Carrell, Lambert and Mulliken - 3.
Substitute House Bill No. 2685, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2702, by Representatives Honeyford, Lisk, Sheahan, Appelwick and Skinner; by request of Board for Judicial Administration
Creating two new superior court positions for Yakima county.
The bill was read the second time. There being no objection, Substitute House Bill No. 2702 was substituted for House Bill No. 2702 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2702 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 Honeyford and Costa 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. 2702.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2702 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Substitute House Bill No. 2702, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2712, by Representatives Chandler and Sump
Requiring the department of ecology to extend the time for work under a permit if water use has been prevented or restricted use due to federal or state laws.
The bill was read the second time. There being no objection, Substitute House Bill No. 2712 was substituted for House Bill No. 2712 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2712 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Chandler and Linville 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. 2712.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2712 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Substitute House Bill No. 2712, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 2716 and the bill held its place on second reading.
HOUSE BILL NO. 2724, by Representatives Boldt, Mielke, Pennington, Carrell, Mulliken, Thompson, Bush, Cairnes, Reams and Lambert
Requiring legislative oversight of moneys received from enforcement actions.
The bill was read the second time. There being no objection, Substitute House Bill No. 2724 was substituted for House Bill No. 2724 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2724 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Boldt 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. 2724.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2724 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Substitute House Bill No. 2724, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration on House Bill No. 2734, House Bill No. 2754 and House Bill No. 2756 and the bills held their places on second reading.
HOUSE BILL NO. 2763, by Representatives McDonald, Sheahan, Lantz and Costa; by request of Attorney General
Revising laws on dependent persons.
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 McDonald and Cody spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Bill No. 2763.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2763 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
House Bill No. 2763, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration on House Bill No. 2769 and the bill held its place on second reading.
HOUSE BILL NO. 2774, by Representatives Backlund, Kastama, Sterk, Wood, O'Brien, Lambert, Zellinsky, Cody, McCune, Smith, Van Luven and Costa
Creating an advisory committee on matters relating to the regulation of adult family homes.
The bill was read the second time. There being no objection, Substitute House Bill No. 2774 was substituted for House Bill No. 2774 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2774 was read the second time.
Representative Backlund moved the adoption of amendment (891):
On page 2, line 10, after "regulation" insert ", administrative rules, enforcement process, staffing, and training requirements"
On page 2, beginning on line 32, after "(4)" strike all material through "programs." on line 34, and insert "Establishment of the advisory committee shall not prohibit the department of health from utilizing other advisory activities that the department of health deems necessary for program development."
On page 3, after line 25, insert the following:
"Establishment of the advisory committee shall not prohibit the department of social and health services from utilizing other advisory activities that the department of social and health services deems necessary for program development."
Representative Backlund spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Backlund and Murray spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2774.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2774 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 2774, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2782, by Representatives McMorris and Wood
Authorizing special event endorsements to full service private club licenses.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2782 was substituted for House Bill No. 2782 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2782 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 Honeyford and Wood spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2782.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2782 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Second Substitute House Bill No. 2782, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2793, by Representatives Johnson, Sheahan, Talcott, DeBolt, Sump, Honeyford, Sterk, Eickmeyer, Pennington, Robertson, Carrell, Sherstad, Mielke, Clements, Cairnes, Hickel, Romero, Backlund and Mulliken
Revising provisions relating to education of offenders prosecuted as adults.
The bill was read the second time. There being no objection, Substitute House Bill No. 2793 was substituted for House Bill No. 2793 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2793 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, Cole and Eickmeyer spoke in favor of passage of the bill.
Representative Sullivan 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. 2793.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2793 and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wood, Zellinsky and Mr. Speaker - 94.
Voting nay: Representatives Ballasiotes, Radcliff, Sullivan and Wolfe - 4.
Substitute House Bill No. 2793, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2794, by Representatives McCune, Sheahan, Sterk and D. Sommers
Requiring offenders under the supervision of the department of corrections to obey all laws.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2794 was substituted for House Bill No. 2794 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2794 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 McCune, 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 Second Substitute House Bill No. 2794.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2794 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Second Substitute House Bill No. 2794, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2800, by Representatives Cairnes, Cooke, Chandler, Pennington and Robertson
Prescribing procedures for temporary water rights for small cities.
The bill was read the second time. There being no objection, Substitute House Bill No. 2800 was substituted for House Bill No. 2800 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2800 was read the second time.
Representative Regala moved the adoption of amendment (855):
On page 3, line 15, insert the following new section:
"NEW SECTION. Sec. 5. (1) Nothing in this chapter shall be construed as affecting or impairing in any manner water rights existing before the issuance of a permit under sections 1 through 3 of this act.
(2) Any holder of a water right existing before the issuance of a permit under sections 1 through 3 of this act whose water right is adversely affected or impaired, may bring an action in the superior court for the county in which the source of the water is located for the recovery of damages due to the impairment."
Renumber the sections consecutively and correct any internal references accordingly.
Representative Regala spoke in favor of the adoption of the amendment.
Representative Mastin spoke against the adoption of the amendment.
The Speaker (Representative Pennington presiding) divided the House. The results of the division was 39-YEAS; 59-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 Cairnes, Chandler and Cooke spoke in favor of passage of the bill.
Representatives Anderson, Regala, Linville and Regala (again) 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. 2800.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2800 and the bill passed the House by the following vote: Yeas - 56, Nays - 42, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, 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, Mitchell, Mulliken, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 56.
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, Parlette, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 42.
Substitute House Bill No. 2800, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 2806 and House Bill No. 2819 and the bills held their places on second reading.
HOUSE BILL NO. 2836, by Representatives Pennington, Mielke, Hatfield, Doumit, Buck, Boldt, Dunn, Alexander, Carlson, Kessler, McCune, Thompson and Conway
Creating a pilot program for the recovery of fish runs.
The bill was read the second time. There being no objection, Substitute House Bill No. 2836 was substituted for House Bill No. 2836 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2836 was read the second time.
Representative Hatfield moved the adoption of amendment (841):
On page 4, after line 5, insert the following:
"NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Representatives Hatfield and Mastin 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 Mastin, Dyer, Buck and Carlson spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2836.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2836 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 2836, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2845, by Representatives Constantine, Clements, Dickerson, Ogden and Anderson
Enacting the Washington state false claims act.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2845 was substituted for House Bill No. 2845 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2845 was read the second time.
Representative Constantine moved the adoption of amendment (908):
On page 3, after line 33, insert "(4) This chapter does not apply to persons subject to the jurisdiction of chapter 42.52 RCW."
On page 8, after line 19, insert:
"NEW SECTION. Sec. 12. A new section is added to chapter 42.52 RCW to read as follows:
(1) No state officer or state employee may:
(a) Knowingly present or cause to be presented to an agency a false claim for payment or approval;
(b) Knowingly make, use, or cause to be made or used, a false record or statement to get a false claim paid or approved;
(c) Conspire to get a false claim allowed or paid;
(d) Have in their possession, custody, or control property or money used, or to be used, by an agency and knowingly deliver, or cause to be delivered, less property than the amount for which the person received a certificate or receipt;
(e) Authorize to make or deliver a document certifying receipt of property used, or to be used, by an agency and make or deliver the receipt knowing that material information on the receipt is false;
(f) Knowingly buy, or receive as security for an obligation or debt, public property from an officer or employee of an agency, who lawfully may not sell or pledge the property; or
(g) Knowingly make, use, or cause to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit property to an agency.
(2) For the purposes of this section:
(a) "Claim" means a request or demand, whether under a contract or otherwise, for money or property which is made to a government employee or official, contractor, grantee, or other recipient if a governmental entity provides any portion of the money or property which is requested or demanded, or if a governmental entity will reimburse such employee, official, contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.
(b) "False claim" means any claim that contains or is based upon a materially incorrect fact, statement, representation, or record.
(c) "Knowing" and "knowingly" mean that a person, with respect to information, and with or without specific intent to defraud:
(i) Has actual knowledge of the information; or
(ii) Acts in deliberate ignorance of or in reckless disregard of the truth or falsity of the information.
(3) As to state officers and employees, this section operates to the exclusion of sections 1 through 11 of this act."
Renumber the remaining sections consecutively and correct the title.
Representatives Constantine, Clements and Appelwick 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 Constantine, Conway and Clements spoke in favor of 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. 2845.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2845 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Second Substitute House Bill No. 2845, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2849, by Representatives Talcott, Johnson, B. Thomas, Kastama, L. Thomas, Benson, Lambert, Alexander, Robertson, Pennington, McDonald, Lisk, Cairnes, Radcliff, Ballasiotes, Zellinsky, Backlund, D. Schmidt, Delvin, Carlson, Sump, Chandler, Smith and Thompson
Enhancing student achievement accountability.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2849 was substituted for House Bill No. 2849 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2849 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, Cole, Keiser, Dunshee, Johnson, Linville, Quall, Dunshee (again) and Cole (again) spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2849.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2849 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Second Substitute House Bill No. 2849, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2879, by Representatives Buck, Butler, Chandler, DeBolt, Sehlin, Hatfield, McCune, Doumit, Kessler, Morris, Kenney, Constantine, Ogden, Regala, Tokuda, Anderson, Thompson and Conway
Facilitating the review and approval of fish enhancement projects.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2879 was substituted for House Bill No. 2879 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2879 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Buck and Butler spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2879.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2879 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Second Substitute House Bill No. 2879, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2880, by Representatives Clements, Dickerson, Backlund, Gombosky, Parlette, Gardner and Delvin
Creating a task force on agency vendor contracting practices.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2880 was substituted for House Bill No. 2880 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2880 was read the second time.
Representative Clements moved the adoption of amendment (884):
On page 3, line 28, following "management staff and" strike "facilities, but" and insert "facilities. The office of financial management"
On page 3, line 31, following "task force" strike "shall" and insert "is eligible to"
On page 3, line 34, following "findings to" insert "the director of financial management and to"
Representatives Clements and Dickerson spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Clements moved the adoption of amendment (902):
On page 4, beginning on line 3, strike section 8
Renumber the remaining sections consecutively and correct the title and any internal references accordingly.
Representative Clements 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 Clements and Dickerson spoke in favor of 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. 2880.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2880 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Second Substitute House Bill No. 2880, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2881, by Representatives Clements, Dickerson, Parlette, Gombosky, Backlund, Gardner, Delvin, O'Brien and Lambert
Auditing state contractors.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2881 was substituted for House Bill No. 2881 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2881 was read the second time.
Representative Clements moved adoption of amendment (901):
On page 4, beginning on line 31, strike section 5
Renumber the remaining sections consecutively and correct the title and any internal references accordingly.
Representative Clements 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 Clements and Dickerson spoke in favor of 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. 2881.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2881 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Second Substitute House Bill No. 2881, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2882, by Representatives Clements, Dickerson, Backlund, Parlette, Gardner, Gombosky and Delvin
Providing technical assistance to agency personnel and state contractors.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2882 was substituted for House Bill No. 2882 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2882 was read the second time.
Representative Clements moved the adoption of amendment (900):
On page 3, beginning on line 29, strike section 5
On page 4, beginning on line 1, strike section 6
Renumber the remaining sections consecutively and correct the title and any internal references accordingly.
Representative Clements 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 Clements and Dickerson spoke in favor of 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. 2882.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2882 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Second Substitute House Bill No. 2882, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2929, by Representatives Sterk, Sheahan, Costa, O'Brien, Conway and Gombosky
Providing financial assistance to local governments for investigating extraordinary crimes.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2929 was substituted for House Bill No. 2929 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2929 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 Sterk and Costa spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2929.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2929 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Second Substitute House Bill No. 2929, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2941, by Representatives Sheahan, Kessler, Crouse, Lantz and Bush
Limiting liability for utilities in protecting their facilities.
The bill was read the second time. There being no objection, Substitute House Bill No. 2941 was substituted for House Bill No. 2941 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2941 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Sheahan and Kessler 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. 2941.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2941 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Voting nay: Representative Thomas and B. - 1.
Substitute House Bill No. 2941, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2960, by Representatives Chandler, Mastin and Linville
Solid waste recycling permits.
The bill was read the second time. There being no objection, Substitute House Bill No. 2960 was substituted for House Bill No. 2960 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2960 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Chandler and Linville 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. 2960.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2960 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Voting nay: Representative Thomas and B. - 1.
Substitute House Bill No. 2960, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2962, by Representatives Robertson, Kessler, Lisk, Costa, Sheahan, McDonald, L. Thomas and Anderson
Creating the crime of criminal mistreatment in the third degree.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2962 was substituted for House Bill No. 2962 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2962 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 Robertson and Costa spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2962.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2962 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Second Substitute House Bill No. 2962, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2964, by Representatives Murray, K. Schmidt, Mitchell, Fisher, Hatfield, Cooper, Romero, Cairnes, Skinner, Scott, O'Brien, Wood, Radcliff, Cody, Keiser, Constantine, Regala and Ogden
Enhancing regional transportation planning.
The bill was read the second time. There being no objection, Substitute House Bill No. 2964 was substituted for House Bill No. 2964 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2964 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Murray spoke in favor of passage of the bill.
Representatives K. Schmidt, Chopp, Radcliff, Cooper, Chopp (again), Sump, DeBolt, Kenney, Appelwick and Robertson 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. 2964.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2964 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Substitute House Bill No. 2964, having received the constitutional majority, was declared passed.
Representative Robertson congratulated Representative Murray on passage of his first bill.
The Speaker assumed the chair.
There being no objection, the rules were suspended, and the House immediately reconsidered the vote on Substitute House Bill No. 2622.
There being no objection, the rules were suspended, and Substitute House Bill No. 2622 was returned to second reading.
There being no objection, the rules were suspended, and the committee recommendation (do pass substitute) was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and House Bill No. 2622 was placed on final passage.
The Speaker stated the question before the House to be final passage of House Bill No. 2622.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2622 and the bill passed the House by the following vote: Yeas - 85, Nays - 13, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, 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, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 85.
Voting nay: Representatives Appelwick, Butler, Cody, Cole, Constantine, Conway, Dickerson, Fisher, Murray, Poulsen, Regala, Sommers, H. and Veloria - 13.
House Bill No. 2622, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2429, by Representatives Huff, H. Sommers, Carlson, Wolfe and L. Thomas; by request of State Investment Board
Providing for the operation of the state investment board.
The bill was read the second time.
With the consent of the House, amendment number 831 to House Bill No. 2429 was withdrawn.
Representative Conway moved the adoption of amendment (864):
On page 2, after line 8, insert the following:
"Sec. 2. RCW 43.33A.150 and 1989 c 179 s 2 are each amended to read as follows:
(1) The state investment board shall prepare written reports at least quarterly summarizing the investment activities of the state investment board, which reports shall be sent to the governor, the senate ways and means committee, the house appropriations committee, the department of retirement systems, and other agencies having a direct financial interest in the investment of funds by the board, and to other persons on written request. The state investment board shall provide information to the department of retirement systems necessary for the preparation of monthly reports.
(2) At least annually, the board shall report on the board's investment activities for the department of labor and industries' accident, medical aid, and reserve funds to the senate financial institutions and insurance committee, the senate economic development and labor committee, and the house commerce and labor committee, or appropriate successor committees.
(3) The state investment board shall prepare an annual informational statement to retirement system participants regarding rates of return, asset allocation, performance benchmarks, and other pertinent information. Participants shall include those individuals who are eligible, or may be eligible, or are receiving a retirement benefit."
Renumber the remaining sections consecutively and correct the title.
Representatives Conway, Wolfe, Dickerson and Conway again spoke in favor of the adoption of the amendment.
Representatives Huff and Carlson 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.
Representatives Huff and H. Sommers spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2429.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2429 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
House Bill No. 2429, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2901, by Representatives Cooke, Tokuda, Ballasiotes, Carrell, O'Brien, McDonald, B. Thomas and Boldt
Requiring a WorkFirst job search component.
The bill was read the second time. There being no objection, Substitute House Bill No. 2901 was substituted for House Bill No. 2901 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2901 was read the second time.
Representative Cooke moved the adoption of amendment (952):
On page 1, line 7, after "in" strike "P.L. 104-183" and insert "P.L. 104-193"
On page 1, at the beginning of line 12, strike all material through "or" on line 13 and insert "twelve consecutive weeks. The recipient's ability to obtain employment will be reviewed within the first four weeks of job search and periodically thereafter and,"
On page 2, line 1, after "assistance." strike all material through "weeks." on line 2.
Representatives Cooke and Tokuda 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 Cooke and Tokuda 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. 2901.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2901 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 2901, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3046, by Representatives Van Luven, Veloria, Dunn, Mason, Zellinsky, Anderson and Wood
Permitting individuals to bring food or food items into stadiums.
The bill was read the second time. There being no objection, Substitute House Bill No. 3046 was substituted for House Bill No. 3046 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 3046 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Van Luven spoke in favor of passage of the bill.
COLLOQUY
Representative Veloria asked if Representative Van Luven would yield to a question. Representative Van Luven, does Substitute House Bill 3046 limit the ability of the stadium district and authority, in agreement with their tenants, to restrict individuals from bringing food or food items to all areas of the stadiums?
Representative Van Luven: No. The intent of Substitute House Bill 3046 is to allow an individual to bring food or food items for individual consumption into the stadiums. However, it was never intended to restrict the ability of the stadium authorities, in agreement with their tenants, from regulating or controlling the consumption of outside food or food items in restaurants, suites or club areas of the stadium (enclosed areas of the stadium).
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 3046.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3046 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Substitute House Bill No. 3046, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2446, by Representatives Robertson, Appelwick, Kastama, Dickerson, Constantine, Ogden, Cooper, Keiser, Kenney, Costa, Cody, Wood, Conway, Anderson and Gombosky
Changing provisions relating to temporary restricted drivers' licenses.
The bill was read the second time. There being no objection, Substitute House Bill No. 2446 was substituted for House Bill No. 2446 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2446 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 Robertson and Costa spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2446.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2446 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Substitute House Bill No. 2446, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2772, by Representatives McDonald and Kastama
Revising provisions relating to drug paraphernalia.
The bill was read the second time.
Representative McDonald moved the adoption of amendment (925):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 26.28 RCW to read as follows:
(1) Every person who sells or gives, or permits to be sold or given to any person any drug paraphernalia in any form commits a class I civil infraction under chapter 7.80 RCW. For purposes of this subsection, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. Drug paraphernalia includes, but is not limited to objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips: Meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
(f) Miniature cocaine spoons and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(l) Bongs; and
(m) Ice pipes or chillers.
(2) It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.
(3) Nothing in subsection (1) of this section prohibits legal distribution of injection syringe equipment through public health and community based HIV prevention programs."
Representatives McDonald, Kastama 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 Kastama 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. 2772.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2772, and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, 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, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Voting nay: Representatives Constantine, Dickerson, Mason, Thomas and B. - 4.
Engrossed House Bill No. 2772, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2424, by Representatives Mulliken, Johnson, Thompson, Smith, Cairnes, McDonald, Lambert, Koster and B. Thomas
Regulating disclosure of students' social security numbers.
The bill was read the second time. There being no objection, Substitute House Bill No. 2424 was substituted for House Bill No. 2424 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2424 was read the second time.
With the consent of the House, amendment numbers 909 and 854 to Substitute House Bill No. 2424 were withdrawn.
Representative Mulliken moved the adoption of amendment (922):
On page 1, line 8, after "in" strike "subsection (2) of this section" and insert "subsections (2), (3), and (5) of this section"
On page 3, line 26, after "number." insert:
"(5)(a) A school district may disclose student federal social security numbers to the work force training and education coordinating board for research purposes as provided in subsection (6) of this section. Before release, the school district shall provide written notification to the parent or guardian. The notification shall include:
(i) An explanation that disclosure of the federal social security number is voluntary and that no benefit is contingent upon disclosure;
(ii) That the signed consent by the parent or guardian is required for the disclosure of the federal social security number;
(iii) That the federal social security number shall be used for research purposes only;
(iv) That the research shall be conducted by the work force training and education coordinating board or the agent of the work force training and education coordinating board;
(v) That research and data management personnel only shall have access to the federal social security number;
(vi) That research and data management personnel shall not disseminate individually identifiable information to other persons; and
(vii) That a description of the research study shall be on file at the school district and available for public review. The description shall include the information that will be gathered and collated about the student or the student’s family, who will have access to the information, who will have access to the federal social security number, how long the study will last, and what will happen to the information gathered after the original study is completed.
(b) Written consent to the disclosure of the federal social security number by the parent or guardian following the notification required in (a) of this subsection shall be considered as meeting the requirements of subsection (4)(a)(i) through (iv) of this section.
(6) In performing their duties to evaluate the effectiveness of vocational education at the secondary level, the work force training and education coordinating board may request school districts to provide access to student records including federal social security numbers."
Renumber the remaining subsections consecutively and correct internal references accordingly.
Representatives Mulliken and Cole 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 Mulliken and Cole 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. 2424.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2424 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 2424, having received the constitutional majority, was declared passed.
SUBSTITUTE HOUSE BILL NO. 2435, by House Committee on Government Administration (originally sponsored by Representatives Pennington, Appelwick, Constantine, Ogden, Cooper, Kessler, Gardner, Wolfe, Butler, Costa, Linville, D. Schmidt, Murray, Morris, Anderson and Gombosky; by request of Public Disclosure Commission)
Enhancing reporting of independent campaign expenditures.
With the consent of the House, amendment numbers 849 and 910 to Substitute House Bill No. 2435 were withdrawn.
Representative Dunshee moved the adoption of amendment (921):
On page 1, line 13, after "public." insert "The report must also be filed at the same time with the county elections officer of the county of residence for the candidate supported or opposed by the independent expenditure, in the case of an independent expenditure relating to a candidacy, or the county of residence of the person making the expenditure, in the case of an independent expenditure in support of or against a ballot proposition. A copy of the report must also be mailed on the same day that the report is filed to each candidate running for the office, in the case of an independent expenditure relating to a candidacy, or the political committee supporting and the political committee opposing the ballot proposition, in the case of an independent expenditure in support of or against a ballot proposition."
On page 2, line 16, after "(g)" insert "A copy of the advertising if the expenditure is in the form of written political advertising, or a written transcript of the advertising if the expenditure is in the form of radio or television political advertising;
(h) If the expenditure is undertaken by a political committee, the names, business addresses, and employers of the principle officers and treasurer of the political committee, if the principle officers and treasurer are acting on behalf of their employers in making the independent expenditure, the name and address of the five persons making the largest contributions to the political committee, and a general description of the nature of interests represented by the political committee, and each of the five persons, if nonindividuals, making the largest contributions to the political committee; and
(i)"
Representatives Dunshee and D. Schmidt 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 passsage.
Representatives Pennington, Dunshee, D. Schmidt and Gombosky spoke in favor of the passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2435.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2435 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 2435, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2591, by Representatives Dyer, D. Schmidt, Clements, L. Thomas, Lisk, Zellinsky, Huff, B. Thomas and Schoesler
Forbidding state agencies from requesting vendors to lobby the legislature.
The bill was read the second time. There being no objection, Substitute House Bill No. 2591 was substituted for House Bill No. 2591 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2591 was read the second time.
Representative Dyer moved the adoption of amendment (954):
On page 1, line 5 delete all of subsection (1) and (2) and insert the following:
(1) An employee or officer of a state agency may not use state resources to demand, or pressure vendors or contractors from whom the state agency is making purchases or has a current contract for services, construction, or maintenance, to lobby or contact the legislature, including members of the legislature or legislative staff, regarding proposed or pending legislation.
(2) Subsection (1) of this section only prohibits communications between an employee or officer of a state agency and a vendor or contractor that are explicitly or implicitly coercive in nature where the vendor or contractor fears, or has reason to fear, loss of an existing contract by the state agency if the vendor or contractor fails to lobby or make such legislative contacts.
Representative Dyer spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Dyer and D. Schmidt spoke in favor of passage of the bill.
Representatives Gardner, Dunshee and Doumit spoke against passage of the bill.
Representative Dunshee spoke again against passage of the bill.
Representative Dyer spoke again in favor of passage of the bill.
MOTION
On motion by Representative Wensman, Representative Buck was excused.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2591.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2591 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, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, 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., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Zellinsky and Mr. Speaker - 60.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Hatfield, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Tokuda, Veloria, Wensman, Wolfe and Wood - 37.
Excused: Representative Buck - 1.
Engrossed Substitute House Bill No. 2591, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2734, by Representatives Huff, Lantz, Zellinsky, K. Schmidt, Johnson, Gardner, Constantine, Eickmeyer, Chopp and Poulsen
Authorizing additional state ferry vessels.
The bill was read the second time.
Representative Zellinsky moved the adoption of amendment (911):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 47.60 RCW to read as follows:
The legislature finds and declares that there is a compelling need for the construction of additional state ferry vessels and corresponding terminal improvements in order to provide more capacity and frequent service to meet the forecasted travel demands of citizens traveling on Puget Sound ferry routes. The vessel technology required must provide additional travel options for high growth ferry routes through increased passenger-only ferry service.
The 1989 west corridor study evaluated cross-sound travel through the year 2020 and identified the Southworth to Seattle and the Kingston to Seattle passenger-only ferry routes as promising based on criteria evaluating cost effectiveness, time savings, physical constraints to operation, nonduplication of current service, and ability to relieve congestion.
Furthermore, as a result of legislative direction provided in the 1991-93 transportation budget to the state transportation commission to evaluate and determine the location of new passenger-only ferry routes, the commission reviewed several service alternatives, determined that the Southworth to Seattle and Kingston to Seattle routes ranked highest, and directed the Washington state ferries to proceed with the design and permitting processes for passenger-only terminals at both Southworth and Kingston.
The legislature also finds and declares that there is a compelling need for the construction of a Jumbo Class Mark II ferry vessel. The long-range travel demand for trips from Central and North Kitsap Peninsula to the Seattle and Edmonds mainland ferry terminals indicate a one hundred twenty-two percent forecast increase in peak travel demand over the next twenty years between the hours of 3:00 p.m. and 7:00 p.m. In order to support the economic growth of the Puget Sound region and meet the forecasted citizen cross-sound travel demand, the Washington state ferry system must provide reliable ferry vessel operations that cannot be maintained with the existing aging super class ferry capacity.
NEW SECTION. Sec. 2. A new section is added to chapter 47.60 RCW to read as follows:
(1) The department is authorized to proceed with the acquisition, procurement, and construction of a maximum of: (a) Four passenger-only vessels that respond to the service demands of state ferry service on the Southworth to Seattle and Kingston to Seattle ferry routes, including the terminal and docking facilities necessary to accommodate such service; and (b) a Jumbo Class Mark II ferry. The acquisition, procurement, and construction of vessels and terminals authorized herein shall be undertaken in accordance with the authority provided in RCW 47.56.030.
(2) A Jumbo Class Mark II ferry constructed under the requirements of subsection (1) of this section shall be of comparable quality and design as, and shall incorporate like controls, engines, and a propulsion system utilized in, the Jumbo Class Mark II ferries presently in operation or under construction in order to promote maximum commonality with those vessels.
NEW SECTION. Sec. 3. A new section is added to chapter 47.60 RCW to read as follows:
The department's authority to proceed with the acquisition, procurement, and construction of vessels and terminals authorized under section 2 of this act is contingent on a legislative appropriation approving that authority.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
NEW SECTION. Sec. 5. If this act is not referred to by bill or chapter number in a transportation budget, or an omnibus appropriations act, that, by December 31, 1998, either becomes law under Article III, section 12 of the state Constitution or is approved by the people of this state, this act is null and void on December 31, 1998."
Representatives Zellinsky and Cooper 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 Huff, Fisher, Lantz, K. Schmidt, Cooper and Smith 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. 2734.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2734 and the bill passed the House by the following vote: Yeas - 86, Nays - 11, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Scott, Sehlin, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 86.
Voting nay: Representatives Boldt, Dunn, Dunshee, Koster, Lambert, Mielke, Schoesler, Sheahan, Sherstad, Thomas, L. and Van Luven - 11.
Excused: Representative Buck - 1.
Engrossed House Bill No. 2734, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2709, by Representatives B. Thomas, Pennington, Butler, Cole, Kastama, Crouse, D. Sommers, Carrell, Cooke, O'Brien and Thompson
Eliminating double taxation of municipal utility taxes.
The bill was read the second time.
Representative Carrell moved the adoption of amendment (948):
On page 1, line 10, after "town" insert ", nor compensate for the inability to impose a tax or payment by raising rates charged for electricity delivered within the corporate limits of another city or town"
Representatives Carrell and B. Thomas spoke in favor of the adoption of the amendment.
Representative Dunshee spoke against the adoption of the amendment.
The amendment was adopted.
Representative Conway moved the adoption of amendment (867):
On page 1, after line 12, insert:
"NEW SECTION. Sec. 2. A city or town that imposes any tax or payment measured by gross receipts received for water or sewer services may not impose such tax or payment in respect to water or sewer services delivered within the corporate limits of another city or town.
NEW SECTION. Sec. 3. 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."
Renumber sections consecutively, correct any internal references accordingly, and correct the title.
Representative B. Thomas requested Scope and Object on amendment number 867 to House Bill No. 2709.
"Representative Thomas, the Speaker is prepared to Rule on your Point of Order which challenges Amendment 867 to House Bill No. 2709 as being beyond the Scope and Object of the bill.
"The title of House Bill No. 2709 is, "AN ACT Relating to elimination of double taxation of municipal utility taxes." The title is somewhat narrow. House Bill No. 2709 adds a new section to chapter 35.21 RCW.
"House Bill No. 2709 provides that a city or town cannot tax its municipal light and power business’s gross receipts that are earned by delivering electricity or electrical distribution services in other cities or towns.
"Amendment 867 provides that a city or town cannot tax its municipal water and sewer businesses’ gross receipts that are earned by delivering water or sewer services in other cities or towns.
"The object of House Bill No. 2709 is narrowly confined to eliminating double taxation on the delivery of certain electricity-related services.
"The object of Amendment 867 pertains to eliminating double taxation on the delivery of certain water and sewer-related services.
"The Speaker finds that although Amendment 867 is within the scope of the bill it is beyond the object of the bill.
"Representative Thomas, Your Point of Order is well taken."
Representative Carrell moved the adoption of amendment (863):
On page 1, line 13, strike "July 1, 1998" and insert "January 1, 1999"
Representative Carrell 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 B. Thomas, Butler, Delvin and Keiser spoke in favor of passage of the bill.
Representatives Dunshee, Dickerson, Mason and Conway spoke against passage of the bill.
MOTION
On motion of Representative Talcott, Representative Radcliff was excused.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2709.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2709 and the bill passed the House by the following vote: Yeas - 72, Nays - 24, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Cole, Constantine, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Gardner, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Parlette, Pennington, Poulsen, Quall, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wood, Zellinsky and Mr. Speaker - 72.
Voting nay: Representatives Appelwick, Chopp, Cody, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gombosky, Grant, Kenney, Lantz, Mason, Murray, O'Brien, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria and Wolfe - 24.
Excused: Representatives Buck and Radcliff - 2.
Engrossed House Bill No. 2709, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 2750 and it held its place on second reading.
HOUSE BILL NO. 2822, by Representative McMorris; by request of Department of Labor & Industries
Exempting agency medical coverage decisions by labor and industries from rule-making provisions.
The bill was read the second time. There being no objection, Substitute House Bill No. 2822 was substituted for House Bill No. 2822 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2822 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McMorris and Conway spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2822.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2822 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, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, 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 Dunn - 1.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2822, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 2830 and the bill held its place on second reading.
SUBSTITUTE HOUSE BILL NO. 2848, by House Committee on Education (originally sponsored 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 Speaker remained the House that action was deferred on Substitute House Bill No. 2848 due to Representative Hickel's request for a Scope and Object on amendment 886 by Representative Dunshee which was offered on February 12, 1998 and that the bill held its place on Second Reading.
The Speaker: "Representative Hickel, the Speaker is prepared to Rule on your Point of Order which challenges Amendment 886 to Substitute House Bill No. 2848 as being beyond the Scope and Object of the bill.
"The title of Substitute House Bill No. 2848 is, "AN ACT Relating to the assessment of student learning." The title is somewhat broad. Substitute House Bill No. 2848 amends various sections of the RCW.
"Substitute House Bill No. 2848 among other things changes the name of the certificate of mastery to Certificate of Academic Proficiency (CAP); exempts home schooled and private school students from the requirements of CAP; and requires schools to provide student’s parents with information about educational pathways.
"Amendment 886 establishes certificated instructional staffing allocations for certain grade levels in qualified school districts and directs the superintendent of public instruction to establish a summer institute for the improvement of instructional techniques.
"Substitute House Bill No. 2848 does not in any way deal with certificated instructional staffing allocations and Amendment 886 fails to make an adequate link between the issues dealt with in Substitute House Bill No. 2848 and altering class room size.
"The Speaker finds that although Amendment 886 may be within the scope of the bill it is beyond the object of the bill.
"Representative Hickel, Your Point of Order is well taken."
Representative Hickel, having voted on the prevailing side, moved that the rules be suspended, and that the House immediately reconsider the vote on amendment number 896 to Substitute House Bill No. 2848. The motion was carried.
RECONSIDERATION
The Speaker stated the question before the House to be amendment number 896 to Substitute House Bill No. 2848.
Representative Hickel spoke against the adoption of the amendment. The amendment was not adopted.
Representative Hickel moved the adoption of amendment (934):
On page 4, line 1, after "year;" insert "and"
On page 4, line 4, after "year" strike everything through "year" on line 8, and insert "((; the arts assessment for middle and high school levels shall be available for use by districts no later than [the] 2000-01 school year; and the health and fitness assessments for middle and high school levels shall be available no later than the 2001-02 school year))"
On page 4, line 19, strike "arts, health, fitness," and insert "((arts, health, fitness,))"
Representatives Hickel spoke in favor of the adoption of the amendment.
Representatives Sterk, Quall, Cole, O'Brien, Dunshee and Mason spoke against the adoption of the amendment.
Representative Hickel again spoke in favor of the adoption of the amendment.
Representative Zellinsky demanded the previous question and the demand was sustained.
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 number 934 to Substitute House Bill No. 2848 and the amendment failed the House by the following vote: Yeas - 47, Nays - 49, Absent - 0, Excused - 2.
Voting yea: Representatives Backlund, Benson, Bush, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mulliken, Parlette, Pennington, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sump, Talcott, Thomas, L., Thompson, Zellinsky and Mr. Speaker - 47.
Voting nay: Representatives Alexander, Anderson, Appelwick, Ballasiotes, Boldt, Butler, Cairnes, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Lantz, Linville, Mason, Mitchell, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sterk, Sullivan, Thomas, B., Tokuda, Van Luven, Veloria, Wensman, Wolfe and Wood - 49.
Excused: Representatives Buck and Radcliff - 2.
Representative Keiser moved the adoption of amendment (955):
On page 5, line 27, after "mathematics," insert "civics,"
Representative Keiser spoke in favor of the adoption of the amendment.
The amendment was not adopted.
Representative Linville moved the adoption of amendment (878):
On page 1, strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.630.885 and 1997 c 268 s 1 are each amended to read as follows:
(1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, to develop student assessment and school accountability systems, to review current school district data reporting requirements and make recommendations on what data is necessary for the purposes of accountability and meeting state information needs, and to take other steps necessary to develop a performance-based education system. The commission shall include three members of the state board of education, three members appointed by the governor before July 1, 1992, and five members appointed no later than June 1, 1993, by the governor elected in the November 1992 election. The governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. The state board of education shall fill any vacancies of state board of education appointments that may occur. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the racial and ethnic diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational restructuring, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.
(2) The commission shall establish advisory committees. Membership of the advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.
(3) The commission, with the assistance of the advisory committees, shall:
(a) Develop essential academic learning requirements based on the student learning goals in RCW 28A.150.210. Essential academic learning requirements shall be developed, to the extent possible, for each of the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. Essential academic learning requirements for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be completed no later than March 1, 1995. Essential academic learning requirements that incorporate the remainder of RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be completed no later than March 1, 1996. To the maximum extent possible, the commission shall integrate goal four and the knowledge and skill areas in the other goals in the development of the essential academic learning requirements;
(b)(i) The commission shall present to the state board of education and superintendent of public instruction a state-wide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in (a) of this subsection. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures. Performance standards for determining if a student has successfully completed an assessment shall be initially determined by the commission in consultation with the advisory committees required in subsection (2) of this section.
(ii) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.
(iii) Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210(1) and the mathematics component of RCW 28A.150.210(2) referred to in this section as reading, writing, communications, and mathematics shall be developed and initially implemented by the commission before transferring the assessment system to the superintendent of public instruction on June 30, 1999. The elementary assessments for reading, writing, communications, and mathematics shall be available for use by school districts no later than the 1996-97 school year, the middle school assessment no later than the 1997-98 school year, and the high school assessment no later than the 1998-99 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. Assessments measuring the essential academic learning requirements developed for the science component of RCW 28A.150.210(2) at the middle school and high school levels shall be available for use by districts no later than the ((1998-99))1999-2000 school year unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements.
The completed assessments and assessments still in development shall be transferred to the superintendent of public instruction by June 30, 1999, unless the legislature takes action to delay implementation of the assessment system and essential academic learning requirements. The superintendent shall continue the development of assessments on the following schedule: The history, civics, and geography assessments at the middle and high school levels shall be available for use by districts no later than [the] 2000-01 school year; the arts assessment for middle and high school levels shall be available for use by districts no later than [the] 2000-01 school year; and the health and fitness assessments for middle and high school levels shall be available no later than the 2001-02 school year. The elementary science assessment shall be available for use by districts not later than the 2001-02 school year. The commission or the superintendent, as applicable, shall upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted. By December 15, 1998, the commission on student learning shall recommend to the appropriate committees of the legislature a revised timeline for implementing these assessments and when the school districts should be required to participate. All school districts shall be required to participate in the history, civics, geography, arts, health, fitness, and elementary science assessments in the third year after the assessments are available to school districts.
To the maximum extent possible, the commission shall integrate knowledge and skill areas in development of the assessments.
(iv) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two. Before the 1997-98 school year, the elementary assessment system in reading, writing, communications, and mathematics shall be optional. School districts that desire to participate before the 1997-98 school year shall notify the commission on student learning in a manner determined by the commission. Beginning in the 1997-98 school year, school districts shall be required to participate in the elementary assessment system for reading, writing, communications, and mathematics. Before the 2000-01 school year, participation by school districts in the middle school and high school assessment system for reading, writing, communications, mathematics, and science shall be optional. School districts that desire to participate before the 1998-99 school year shall notify the commission on student learning in a manner determined by the commission on student learning. Schools that desire to participate after the 1998-99 school year, shall notify the superintendent of public instruction in a manner determined by the superintendent. Beginning in the 2000-01 school year, all school districts shall be required to participate in the assessment system for reading, writing, communications, mathematics, and science.
(v) The commission on student learning may modify the essential academic learning requirements and the assessments for reading, writing, communications, mathematics, and science, as needed, before June 30, 1999. The commission shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted.
(vi) The commission shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender;
(c) After a determination is made by the state board of education that the high school assessment system has been implemented and that it is sufficiently reliable and valid, successful completion of the high school assessment shall lead to a certificate of mastery. The certificate of mastery shall be obtained by most students at about the age of sixteen, and is evidence that the student has successfully mastered the essential academic learning requirements during his or her educational career. The certificate of mastery shall be required for graduation but shall not be the only requirement for graduation. The commission shall make recommendations to the state board of education regarding the relationship between the certificate of mastery and high school graduation requirements. Upon achieving the certificate of mastery, schools shall provide students with the opportunity to pursue career and educational objectives through educational pathways that emphasize integration of academic and vocational education. Educational pathways may include, but are not limited to, programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for technical college, community college, or university education;
(d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;
(e) Consider methods to address the unique needs of highly capable students when developing the assessments in (b) and (c) of this subsection;
(f) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential academic learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the academic assessment system;
(g) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements for public school students that are consistent with the essential academic learning requirements and the certificate of mastery;
(h) Review current school district data reporting requirements for the purposes of accountability and meeting state information needs. The commission on student learning shall report recommendations to the joint select committee on education restructuring by September 15, 1996, on:
(i) What data is necessary to compare how school districts are performing before the essential academic learning requirements and the assessment system are implemented with how school districts are performing after the essential academic learning requirements and the assessment system are implemented; and
(ii) What data is necessary pertaining to school district reports under the accountability systems developed by the commission on student learning under this section;
(i) Recommend to the legislature, governor, state board of education, and superintendent of public instruction:
(i) A state-wide accountability system to monitor and evaluate accurately and fairly at elementary, middle, and high schools the level of learning occurring in individual schools and school districts with regard to the goals included in RCW 28A.150.210 (1) through (4). The accountability system must assess each school individually against its own baseline, schools with similar characteristics, and schools state-wide. The system shall include school-site, school district, and state-level accountability reports;
(ii) A school assistance program to help schools and school districts that are having difficulty helping students meet the essential academic learning requirements as measured by performance on the elementary, middle school, and high school assessments;
(iii) A system to intervene in schools and school districts in which significant numbers of students persistently fail to learn the essential academic learning requirements or meet the standards established for the elementary, middle school, and high school assessments; and
(iv) An awards program to provide incentives to school staff to help their students learn the essential academic learning requirements, with each school being assessed individually against its own baseline, schools with similar characteristics, and the state-wide average. Incentives shall be based on the rate of percentage change of students achieving the essential academic learning requirements and progress on meeting the state-wide average. School staff shall determine how the awards will be spent.
The commission shall make recommendations regarding a state-wide accountability system for reading in grades kindergarten through four by November 1, 1997. Recommendations for an accountability system in the other subject areas and grade levels shall be made no later than June 30, 1999;
(j) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission; and
(k) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.
(4) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.
(5) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.
(6) The commission shall select an entity to provide staff support and the office of the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.
(7) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(8)(a) By September 30, 1997, the commission on student learning, the state board of education, and the superintendent of public instruction shall jointly present recommendations to the education committees of the house of representatives and the senate regarding the high school assessments, the certificate of mastery, and high school graduation requirements.
In preparing recommendations, the commission on student learning shall convene an ad hoc working group to address questions, including:
(i) What type of document shall be used to identify student performance and achievement and how will the document be described?
(ii) Should the students be required to pass the high school assessments in all skill and content areas, or only in select skill and content areas, to graduate?
(iii) How will the criteria for establishing the standards for passing scores on the assessments be determined?
(iv) What timeline should be used in phasing-in the assessments as a graduation requirement?
(v) What options may be used in demonstrating how the results of the assessments will be displayed in a way that is meaningful to students, parents, institutions of higher education, and potential employers?
(vi) Are there other or additional methods by which the assessments could be used to identify achievement such as endorsements, standards of proficiency, merit badges, or levels of achievement?
(vii) Should the assessments and certificate of mastery be used to satisfy college or university entrance criteria for public school students? If yes, how should these methods be phased-in?
(b) The ad hoc working group shall report its recommendations to the commission on student learning, the state board of education, and the superintendent of public instruction by June 15, 1997. The commission shall report the ad hoc working group's recommendations to the education committees of the house of representatives and senate by July 15, 1997. Final recommendations of the commission on student learning, the state board of education, and the superintendent of public instruction shall be presented to the education committees of the house of representatives and the senate by September 30, 1997.
(9) The Washington commission on student learning shall expire on June 30, 1999."
On page 1, line 2 of the title, after "learning;" strike the remainder of the title and insert " and amending 28A.630.885."
Representative Linville spoke in favor of the adoption of the amendment.
Representative Talcott 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.
Representatives Talcott, Johnson, Quall and Mastin spoke in favor of passage of the bill.
Representatives Cole, Linville, Kastama, Butler and Mason spoke against the passage of the bill.
Representative Zellinsky demanded the previous question and the demand was sustained.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2848.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2848 and the bill passed the House by the following vote: Yeas - 54, Nays - 42, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, 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, Mitchell, Mulliken, Parlette, Pennington, Quall, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Skinner, Smith, Sommers, D., Sterk, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, 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, Regala, Romero, Scott, Sherstad, Sommers, H., Sullivan, Sump, Tokuda, Veloria, Wolfe and Wood - 42.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2848, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2885, by Representatives Mulliken, Sheahan, Costa, McDonald, Backlund, Mielke, Smith, Boldt and Thompson
Increasing penalties for drunk driving.
The bill was read the second time. There being no objection, Substitute House Bill No. 2885 was substituted for House Bill No. 2885 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2885 was read the second time.
With the consent of the House, amendment 857 to Substitute House Bill No. 2885 was withdrawn.
Representative Kessler moved the adoption of amendment (919):
On page 9, line 2, after "confrontation.", insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 46.61 RCW to read as follows:
(1)(a) A twenty-five dollar fine shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fine is for the purpose of providing services to persons disabled by traumatic brain injuries.
(b) If a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the twenty-five dollar fine under (a) of this subsection.
(2) The fine assessed in this section shall be collected by the clerk of the court. Once per month, the clerk shall forward all funds collected in the preceding month to the state treasurer for deposit in the brain injury trust fund.
(3) The brain injury trust fund is created in the custody of the state treasurer. All receipts from fines under subsection (1) of this section shall be deposited into the fund. Expenditures from the fund may be used only to provide services to persons disabled by traumatic brain injuries. Only the director of the department of social and health services or the director’s designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(4) The DSHS Disability Initiative Advisory Committee shall establish priorities and criteria for the disbursement of funds and for obtaining the maximum benefits available.
(7) For the purpose of applying for benefits under this section, the rights, privileges, responsibilities, duties, limitations, and procedures in RCW 51.28.020, 51.28.030, 51.28.040, and 51.28.060 apply.
(8) The right to benefits under this section and the amount thereof is governed insofar as applicable by chapter 51.32 RCW.
(9) The DSHS Disability Initiative Advisory Committee may adopt rules under chapter 34.05 RCW as necessary to establish eligibility for benefits and amounts under this section."
Representatives Kessler and Costa spoke in favor of the adoption of the amendment.
Representatives Huff and Smith spoke against the adoption of the amendment.
Representative Kessler again spoke in favor of the adoption of the amendment.
Representative Hatfield demanded an electronic roll call vote and the demand was sustained.
The Speaker stated the question before the House to be adoption of amendment number 919 to Substitute House Bill No. 2885.
ROLL CALL
The Clerk called the roll on the adoption of amendment number 919 to Substitute House Bill No. 2885 and the amendment was not adopted by the following vote: Yeas - 44, Nays - 52, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Butler, Carrell, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Hickel, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Parlette, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 44.
Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Bush, Cairnes, Carlson, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Pennington, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 52.
Excused: Representatives Buck and Radcliff - 2.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Mulliken, Costa and Sheahan 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. 2885.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2885 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2885, having received the constitutional majority, was declared passed.
HOUSE JOINT MEMORIAL NO. 4033, by Representatives Grant, Mastin, Linville, Chandler, Hatfield, Schoesler, Kessler, Hankins, Regala, McMorris, Poulsen, Sheahan, Mulliken, Wood, Cooper, Morris, Delvin, Butler, Murray, Cooke, Costa, Constantine, Ogden, D. Schmidt, Gardner, Cody, Chopp, Mitchell, Fisher, Doumit, Tokuda, O'Brien, Dickerson, Conway and Cole
Urging Congress not to sell the Bonneville Power Administration.
The memorial was read the second time.
Representative Grant moved the adoption of amendment (847):
Beginning on page 1, line 5, strike everything through "Washington." on page 2, line 11, and insert the following:
"We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
WHEREAS, The Bonneville Power Administration was initially created to provide low-cost power to rural areas, a tradition that it maintains today; and
WHEREAS, The Bonneville Power Administration currently markets power generated by twenty-nine federal dams; and
WHEREAS, The Pacific Northwest enjoys low electricity rates, thanks largely to the Bonneville Power Administration and the power generated by the federal dams; and
WHEREAS, Those rates would be seriously jeopardized by the sale of the Bonneville Power Administration and the sale of the federal dams or the right to market the power generated by those dams; and
WHEREAS, The sale of the Bonneville Power Administration and the sale of the federal dams or the right to market the power generated by those dams would threaten the long-standing relationship the Bonneville Power Administration has established with the Northwest's public utility districts and rural electric associations; and
WHEREAS, The Bonneville Power Administration currently contributes a portion of its revenue to salmon restoration, and there is no guarantee those funds would be available if the Bonneville Power Administration is sold;
NOW, THEREFORE, Your Memorialists respectfully pray that the President and Congress agree not to sell the Bonneville Power Administration or the federal dams or the right to market the power generated by those dams, and to allow the Bonneville Power Administration to continue fulfilling its mission of providing low-cost power to the Pacific Northwest.
BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."
Representative Grant spoke in favor of the adoption of the amendment.
The amendment was adopted. The memorial was engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the memorial was placed on final passage.
Representatives Grant, B. Thomas, Poulsen, Cooper and Pennington spoke in favor of passage of the memorial.
The Speaker stated the question before the House to be final passage of Engrossed House Joint Memorial No. 4033.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Joint Memorial No. 4033 and the memorial passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Engrossed House Joint Memorial No. 4033, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2331, by Representatives Hickel, Johnson and B. Thomas
Changing school district contracting provisions.
Mr. Speaker: Representative Hickel, the Speaker is prepared to rule on your Point of Order which challenges amendment 904 to House Bill No. 2331 as being Beyond the Scope and Object of the bill.
The title of House Bill No. 2331 is an act relating to school district contracts. The Speaker finds that amendment 904 is within the scope of that very broad title.
House Bill No. 2331, amends two sections of Title 28 A. RCW, (the common school law). The object of the bill is to allow school district to enter into contracts of more than five years in length for items such as buildings, equipment and pupil transportation services. Nothing in House Bill No. 2331 involves public employee labor contracts.
Amendment 904 propose to amend RCW 41.56.070 which deals with public employee collective bargaining laws. The amendment would allow contracts with public employees of school districts to exceed the current three year limit.
The Speaker finds that amendment 904 is beyond the object of House Bill No. 2331.
Representative Hickel, 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.
Representative Hickel and Smith spoke in favor of the passage of the bill.
Representatives Linville, Cole and Kastama spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2331.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2331 and the bill passed the House by the following vote: Yeas - 57, Nays - 39, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, McDonald, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sullivan, Tokuda, Veloria, Wolfe and Wood - 39.
Excused: Representatives Buck and Radcliff - 2.
House Bill No. 2331, having received the constitutional majority, the bill was passed.
HOUSE BILL NO. 2345, by Representative Reams
Revising administrative law.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2345 was substituted for House Bill No. 2345 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2345 was read the second time.
Representative Reams moved the adoption of amendment (903):
On page 18, line 20, after "this" strike "executive order" and insert "section"
On page 18, line 39, after "objectives of" strike "the executive order" and insert "this section"
Representatives Reams and Romero spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Wolfe moved the adoption of amendment (916):
On page 20, line 1, after "(3)" strike all material through "(4)" on line 4
Representatives Wolfe and Lantz spoke in favor of the adoption of the amendment.
Representatives Schoesler and Lambert spoke against the adoption of the amendment.
The amendment was not 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 Reams, Mielke and Schoesler spoke in favor of passage of the bill.
Representatives Romero, Lantz and Gardner spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2345.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2345 and the bill passed the House by the following vote: Yeas - 64, Nays - 32, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Poulsen, Quall, 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 - 64.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Lantz, Mason, Morris, Murray, O'Brien, Ogden, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 32.
Excused: Representatives Buck and Radcliff - 2.
Engrossed Second Substitute House Bill No. 2345, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2347, by Representative Sterk
Establishing an exclusionary rule for suppression of evidence.
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 Sterk and Sheahan spoke in favor of passage of the bill.
Representatives Constantine and Costa spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2347.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2347 and the bill passed the House by the following vote: Yeas - 54, Nays - 42, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Bush, Carlson, Carrell, Chandler, Clements, Conway, Crouse, DeBolt, Delvin, Dunn, Dyer, Gardner, Gombosky, Honeyford, Huff, Johnson, Koster, Lambert, Linville, Lisk, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 54.
Voting nay: Representatives Anderson, Appelwick, Butler, Cairnes, Chopp, Cody, Cole, Constantine, Cooke, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Grant, Hankins, Hatfield, Hickel, Kastama, Keiser, Kenney, Kessler, Lantz, Mason, Mastin, Morris, Murray, Ogden, Poulsen, Quall, Regala, Romero, Scott, Smith, Sommers, H., Thomas, B., Tokuda, Veloria, Wolfe and Wood - 42.
Excused: Representatives Buck and Radcliff - 2.
House Bill No. 2347, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2570, by Representatives Ballasiotes, O'Brien, Radcliff, Lambert, Dunshee, Costa and Mitchell
Ordering a study of community residential facilities.
The bill was read the second time.
Representative Ballasiotes moved the adoption of amendment (835):
On page 3, at the beginning of line 34, insert "(vii) Do background checks include ensuring that hired employees have appropriate qualifications and minimum standards for the specific job they are being hired for?"
Representative Ballasiotes spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Ballasiotes moved the adoption of amendment (935):
On page 5, after line 10, insert the following:
"NEW SECTION. Sec. 2. The governor's juvenile justice advisory committee shall conduct a study of juvenile detention standards. The study shall:
(1) Include a survey of standards in place and proposed for all existing and planned detention facilities in this state;
(2) Document current compliance of detention standards with recommended American correctional association standards and those delineated in RCW 13.06.050;
(3) Document any concerns, problems, or issues regarding current standards that have a direct impact on the safety and health of offenders, staff, and the community;
(4) Make recommendations as to improvements needed and a timeline for the implementation of such improvements;
(5) Recommend a schedule of periodic review of juvenile detention standards;
(6) Conduct an analysis of the costs to implement the recommendations in accordance with the recommended timeline; and
(7) Submit a report to the legislature and governor by December 31, 1998."
Correct the title.
Representative Wolfe spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Ballasiotes and Quall 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. 2570.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2570 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Engrossed House Bill No. 2570, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2754, by Representatives Dyer and Wolfe
Allowing state agencies to provide other government agencies or business entities not engaged in commercial solicitation with lists of public information.
The bill was read the second time. There being no objection, Substitute House Bill No. 2754 was substituted for House Bill No. 2754 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2754 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Dyer and 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. 2754.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2754 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2754, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2756, by Representatives Sheahan, Costa, Lambert, Constantine, Sherstad, Kessler, Ogden, Dickerson, Conway, Cooper, Mason, Anderson, Thompson, Gardner, Wood, Morris and Ballasiotes
Changing domestic violence protection orders.
The bill was read the second time. There being no objection, Substitute House Bill No. 2756 was substituted for House Bill No. 2756 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2756 was read the second time.
With the consent of the House, amendment number 874 to Substitute House Bill No. 2756 was withdrawn.
Representative Sheahan moved the adoption of amendment (915):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 10.31.100 and 1997 c 66 s 10 are each amended to read as follows:
A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (10) of this section.
(1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.
(2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
(a) An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.44.063, chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence, from contacting or coming within a specified distance of another person with the intent of intimidating, harassing, or frightening the other person or if the person knows or reasonably should have known that the other person is afraid, intimidated, or harassed even if that person did not intend to place the other person in fear, or intimidate or harass the other person, or ((restraining the person)) from going onto the grounds of ((or)), entering, or coming within a specified distance of a residence, workplace, school, or day care or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or
(b) The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.
(3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:
(a) RCW 46.52.010, relating to duty on striking an unattended car or other property;
(b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;
(d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;
(e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;
(f) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.
(4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.
(5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 88.12.025 shall have the authority to arrest the person.
(6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.
(7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.
(8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.
(9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.
(10) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.
For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).
(11) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.
(12) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith and without malice.
Sec. 2. RCW 26.50.060 and 1996 c 248 s 13 are each amended to read as follows:
(1) Upon notice and after hearing, the court may provide relief as follows:
(a) Restrain the respondent from committing acts of domestic violence;
(b) ((Exclude)) Restrain the respondent from going onto the grounds of, entering, or coming within a specified distance of the dwelling which the parties share, ((from)) the residence, workplace, or school of the petitioner, or ((from)) the day care or school of a child;
(c) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;
(d) Order the respondent to participate in batterers' treatment;
(e) Order other relief and restraints as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;
(f) Require the respondent to pay the administrative court costs and service fees, as established by the county or municipality incurring the expense and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee;
(g) Restrain the respondent from having any contact with or coming within a specified distance of the victim of domestic violence or the victim's children or members of the victim's household with the intent of intimidating, harassing, or frightening the victim, the victim's children, or members of the victim's household or if the respondent knows or reasonably should have known that the victim, the victim's children, or members of the victim's household are afraid, intimidated, or harassed even if the respondent did not intend to place the victim, the victim's children, or members of the victim's household in fear, or intimidate or harass the victim, the victim's children, or members of the victim's household;
(h) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring;
(i) Consider the provisions of RCW 9.41.800;
(j) Order possession and use of essential personal effects. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included; and
(k) Order use of a vehicle.
(2) If a restraining order restrains the respondent from contacting the respondent's minor children the restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for protection issued under chapter 26.09, 26.10, or 26.26 RCW. With regard to other relief, if the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either grant relief for a fixed period or enter a permanent order of protection.
If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 or 26.26 RCW.
(3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or by mail as provided in RCW 26.50.123. If the court permits service by publication or mail, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)(f) of this section.
(4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.
(5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.
(6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service, service by publication, or service by mail and whether the court has approved service by publication or mail of an order issued under this section.
(7) If the court declines to issue an order for protection or declines to renew an order for protection, the court shall state in writing on the order the particular reasons for the court's denial.
Sec. 3. RCW 26.50.070 and 1996 c 248 s 14 are each amended to read as follows:
(1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:
(a) Restraining any party from committing acts of domestic violence;
(b) Restraining any party from going onto the grounds of ((or)), entering, or coming within a specified distance of the dwelling that the parties share, from the residence, workplace, or school of the other, or from the day care or school of a child until further order of the court;
(c) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court;
(d) Restraining any party from having any contact with or coming within a specified distance of the victim of domestic violence or the victim's children or members of the victim's household with the intent of intimidating, harassing, or frightening the victim, the victim's children, or members of the victim's household or if the party knows or reasonably should have known that the victim, victim's children, or members of the victim's household are afraid, intimidated, or harassed even if the party did not intend to place the victim, victim's children, or members of the victim's household in fear, or intimidate or harass the victim, victim's children, or members of the victim's household; and
(e) Considering the provisions of RCW 9.41.800.
(2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.
(3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.
(4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085 or by mail under RCW 26.50.123. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication or by mail is permitted. Except as provided in RCW 26.50.050, 26.50.085, and 26.50.123, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.
(5) Any order issued under this section shall contain the date and time of issuance and the expiration date and shall be entered into a state-wide judicial information system by the clerk of the court within one judicial day after issuance.
(6) If the court declines to issue an ex parte temporary order for protection the court shall state the particular reasons for the court's denial. The court's denial of a motion for an ex parte order of protection shall be filed with the court.
Sec. 4. RCW 26.50.110 and 1996 c 248 s 16 are each amended to read as follows:
(1) Whenever an order for protection is granted under this chapter and the respondent or person to be restrained knows of the order, a violation of ((the)) any restraint provision((s or of)) including a provision ((excluding)) restraining the person from going onto the grounds of, entering, or coming within a specified distance of a residence, workplace, school, or day care is a gross misdemeanor except as provided in subsections (4) and (5) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.
(2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter that restrains the person ((or excludes the person)) in any manner including from going onto the grounds of, entering, or coming within a specified distance of a residence, workplace, school, or day care, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.
(3) A violation of an order for protection shall also constitute contempt of court, and is subject to the penalties prescribed by law.
(4) Any assault that is a violation of an order issued under this chapter and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this chapter that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.
(5) A violation of a court order issued under this chapter is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under chapter 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, or 26.26 RCW or this chapter, or any federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated.
(6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order for protection granted under this chapter, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.
Sec. 5. RCW 26.50.160 and 1995 c 246 s 18 are each amended to read as follows:
Notwithstanding any statutes to the contrary, to prevent the issuance of competing protection and custody orders in different courts and to give courts needed information for issuance of orders, ((the judicial information system shall be available in each district, municipal, and superior court by July 1, 1997, and shall include a data base containing the following information:
(1) The names of the parties and the cause number for)) the legislature finds it is necessary and in the public's interest for courts to collect and enter into the judicial information system personal identifiers on all parties and other persons named in orders in actions: ((and)) every parentage action under chapter ((26.10)):Every order of protection issued under this title, every criminal no-contact order issued under chapter 10.99 RCW, every antiharassment order issued under chapter 10.14 RCW, every dissolution action under chapter 26.09 RCW involving either minor children or a restraining order wherein the court restricts personal contact, every third-party custody action under chapter 26.10 RCW, 26.26 RCW((;
(2) A criminal history of the parties; and
(3) Other relevant information necessary to assist courts in issuing orders under this chapter as determined by the judicial information system committee)) upon entry of the final judgment and order, every child custody action under chapter 26.27 RCW, every dependency and termination of parent-child relationship action under chapter 13.34 RCW, and every at-risk youth and child in need of services action under chapter 13.32A RCW in which a residential placement decision is made. The data shall include full legal name, names also known by or previously known by, case number and date of birth, and one other identifier to be determined by the judicial information system. This information shall be entered on all parties to the case and for other persons named in the order. This information, along with the judicial information criminal case history of the parties, and the order history for each case type named, shall be shared with all municipal, district, and superior courts in the state.
Collecting information and entering it in the judicial information system under this section does not constitute the practice of law, and clerks are not responsible for incorrect or incomplete information provided by the litigants and entered in the judicial information system. County clerks are not liable for unauthorized release of information outside their office by court personnel. Sharing this information with other courts in the state of Washington does not violate statutory confidentiality restrictions, provided that juvenile dependency records covered by RCW 13.50.100 may be shared only among superior courts.
Sec. 6. RCW 26.50.135 and 1995 c 246 s 19 are each amended to read as follows:
(1) Notwithstanding any statutes to the contrary, before granting an order under this chapter directing residential placement of a child or restraining or limiting a party's contact with a child, the court shall consult the judicial information system, if available, to determine the pendency of other proceedings involving the residential placement of any child of the parties for whom residential placement has been requested. Providing to the court judicial information from the judicial information system under this section does not constitute the practice of law by the clerks, and clerks are not responsible for incorrect information. County clerks are not liable for unauthorized release of court information outside their office by court personnel. Sharing information from the judicial information system with other courts in the state of Washington does not violate statutory confidentiality restrictions; however, juvenile dependency records covered by RCW 13.50.100 may be shared only among superior courts.
(2) Jurisdictional issues regarding out-of-state proceedings involving the custody or residential placement of any child of the parties shall be governed by the uniform child custody jurisdiction act, chapter 26.27 RCW.
Sec. 7. RCW 26.50.025 and 1995 c 246 s 2 are each amended to read as follows:
(1) Any order available under this chapter may be issued in actions under chapter 26.09, 26.10, or 26.26 RCW after entry of the judgment and order determining the parent and child relationship. If an order for protection is issued in an action under chapter 26.09, 26.10, or 26.26 RCW, the order shall be issued on the forms mandated by RCW 26.50.035(1). An order issued in accordance with this subsection is fully enforceable and shall be enforced under the provisions of this chapter.
(2) If a party files an action under chapter 26.09, 26.10, or 26.26 RCW, an order issued previously under this chapter between the same parties may be consolidated by the court under that action and cause number. Any order issued under this chapter after consolidation shall contain the original cause number and the cause number of the action under chapter 26.09, 26.10, or 26.26 RCW. Relief under this chapter shall not be denied or delayed on the grounds that the relief is available in another action.
Sec. 8. RCW 26.09.050 and 1995 c 93 s 2 are each amended to read as follows:
(1) In entering a decree of dissolution of marriage, legal separation, or declaration of invalidity, the court shall determine the marital status of the parties, make provision for a parenting plan for any minor child of the marriage, make provision for the support of any child of the marriage entitled to support, consider or approve provision for the maintenance of either spouse, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders including the provisions contained in RCW 9.41.800, make provision for the issuance within this action of the restraint provisions of a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW, and make provision for the change of name of any party.
(2) Restraining orders issued under this section restraining the person from acts or threats of violence or molesting or disturbing another party, from contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party, or from going onto the grounds of ((or)), entering, or coming within a specified distance of the home, workplace, or school of the other party or the day care or school of any child shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(3) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.
Sec. 9. RCW 26.09.060 and 1995 c 246 s 26 are each amended to read as follows:
(1) In a proceeding for:
(a) Dissolution of marriage, legal separation, or a declaration of invalidity; or
(b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.
(2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:
(a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;
(b) Acts or threats of violence or molesting or disturbing the peace of the other party or of any child;
(c) Going onto the grounds of ((or)), entering, or coming within a specified distance of the home, workplace, or school of the other party or the day care or school of any child upon a showing of the necessity therefor;
(d) Removing a child from the jurisdiction of the court;
(e) Contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party.
(3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.
(4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.
(5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security.
(7) Restraining orders issued under this section restraining the person from acts or threats of violence or molesting or disturbing another party, from contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party, or from going onto the grounds of ((or)), entering, or coming within a specified distance of the home, workplace, or school of the other party or the day care or school of any child shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.
(9) A temporary order, temporary restraining order, or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final decree is entered, except as provided under subsection (10) of this section, or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;
(d) May be entered in a proceeding for the modification of an existing decree.
(10) Delinquent support payments accrued under an order for temporary support remain collectible and are not extinguished when a final decree is entered unless the decree contains specific language to the contrary. A support debt under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final decree if:
(a) The obligor was given notice of the state's interest under chapter 74.20A RCW; or
(b) The temporary order directs the obligor to make support payments to the office of support enforcement or the Washington state support registry.
Sec. 10. RCW 26.09.300 and 1996 c 248 s 9 are each amended to read as follows:
(1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or molesting or disturbing another party, from contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party, or ((of a provision restraining the person)) from going onto the grounds of ((or)), entering, or coming within a specified distance of the residence, workplace, school, or day care of another is a misdemeanor.
(2) A person is deemed to have notice of a restraining order if:
(a) The person to be restrained or the person's attorney signed the order;
(b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;
(c) The order was served upon the person to be restrained; or
(d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
(3) A peace officer shall verify the existence of a restraining order by:
(a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or
(b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
(4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
(a) A restraining order has been issued under this chapter;
(b) The respondent or person to be restrained knows of the order; and
(c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or molesting or disturbing another, from contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party, or ((restraining the person)) from going onto the grounds of ((or)), entering, or coming within a specified distance of the residence, workplace, school, or day care of another.
(5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.
(6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.
Sec. 11. RCW 26.10.040 and 1995 c 93 s 3 are each amended to read as follows:
In entering an order under this chapter, the court shall consider, approve, or make provision for:
(1) Child custody, visitation, and the support of any child entitled to support;
(2) The allocation of the children as a federal tax exemption;
(3) Any necessary continuing restraining orders, including the provisions contained in RCW 9.41.800;
(4) A domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080;
(5) Restraining orders issued under this section restraining the person from acts or threats of violence or molesting or disturbing another party, from contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party, or from going onto the grounds of ((or)), entering, or coming within a specified distance of the home, workplace, or school of the other party or the day care or school of any child shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.10 RCW AND WILL SUBJECT A VIOLATOR TO ARREST;
(6) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.
Sec. 12. RCW 26.10.115 and 1995 c 246 s 29 are each amended to read as follows:
(1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested.
(2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:
(a) Acts or threats of violence or molesting or disturbing the peace of the other party or of any child;
(b) ((Entering the family home or the home of the other party)) Going onto the grounds of, entering, or coming within a specified distance of the home, workplace, or school of another party or the day care or school of any child upon a showing of the necessity therefor;
(c) Removing a child from the jurisdiction of the court;
(d) Contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party.
(3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.
(4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.
(5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.
(7) Restraining orders issued under this section restraining the person from acts or threats of violence or molesting or disturbing another party, from contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party, or from going onto the grounds of ((or)), entering, or coming within a specified distance of the home, workplace, or school of the other party or the day care or school of any child shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.10 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.
(9) A temporary order, temporary restraining order, or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when the motion is dismissed;
(d) May be entered in a proceeding for the modification of an existing order.
(10) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.
Sec. 13. RCW 26.10.220 and 1996 c 248 s 10 are each amended to read as follows:
(1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or molesting or disturbing another party, from contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party, or ((of a provision restraining the person)) from going onto the grounds of ((or)), entering, or coming within a specified distance of the residence, workplace, school, or day care of another is a misdemeanor.
(2) A person is deemed to have notice of a restraining order if:
(a) The person to be restrained or the person's attorney signed the order;
(b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;
(c) The order was served upon the person to be restrained; or
(d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
(3) A peace officer shall verify the existence of a restraining order by:
(a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or
(b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
(4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
(a) A restraining order has been issued under this chapter;
(b) The respondent or person to be restrained knows of the order; and
(c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or molesting or disturbing another party, from contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party, or restraining the person from going onto the grounds of ((or)), entering, or coming within a specified distance of the residence, workplace, school, or day care of another.
(5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.
(6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.
Sec. 14. RCW 26.26.130 and 1997 c 58 s 947 are each amended to read as follows:
(1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.
(2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.
(3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of RCW 9.41.800.
(4) The judgment and order shall contain the social security numbers of all parties to the order.
(5) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.
(6) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards contained in chapter 26.19 RCW.
(7) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party.
(8) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.
(9) In entering an order under this chapter, the court may issue any necessary continuing restraining orders, including the restraint provisions of domestic violence protection orders under chapter 26.50 RCW or antiharassment protection orders under chapter 10.14 RCW.
(10) Restraining orders issued under this section restraining the person from acts or threats of violence or molesting or disturbing another party, from contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party, or from going onto the grounds of ((or)), entering, or coming within a specified distance of the home, workplace, or school of the other party or the day care or school of any child shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.26 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(11) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.
Sec. 15. RCW 26.26.137 and 1995 c 246 s 32 are each amended to read as follows:
(1) If the court has made a finding as to the paternity of a child, or if a party's acknowledgment of paternity has been filed with the court, or a party alleges he is the father of the child, any party may move for temporary support for the child prior to the date of entry of the final order. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.
(2) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:
(a) Acts or threats of violence or molesting or disturbing the peace of another party;
(b) Going onto the grounds of ((or)), entering, or coming within a specified distance of the home, workplace, or school of another party or the day care or school of any child; ((or))
(c) Removing a child from the jurisdiction of the court; or
(d) Contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party.
Orders issued under (c) of this subsection will not be entered into the judicial information system.
(3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. However, until final judgment is entered, domestic violence protection orders and antiharassment protection orders will be filed as separate civil causes of action. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.
(4) Restraining orders issued under this section restraining the person from acts or threats of violence or molesting or disturbing another party, contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party, or from going onto the grounds of ((or)), entering, or coming within a specified distance of the home, workplace, or school of the other party or the day care or school of any child shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.26 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(5) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.
(6) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(7) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of RCW 9.41.800.
(8) A temporary order, temporary restraining order, or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when the petition is dismissed; and
(d) May be entered in a proceeding for the modification of an existing order.
(9) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.
Sec. 16. RCW 26.26.138 and 1996 c 248 s 11 are each amended to read as follows:
(1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or molesting or disturbing another party, or contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the other party, or of a provision restraining the person from going onto the grounds of ((or)), entering, or coming within a specified distance of the residence, workplace, school, or day care of another is a misdemeanor.
(2) A person is deemed to have notice of a restraining order if:
(a) The person to be restrained or the person's attorney signed the order;
(b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;
(c) The order was served upon the person to be restrained; or
(d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
(3) A peace officer shall verify the existence of a restraining order by:
(a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or
(b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
(4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
(a) A restraining order has been issued under this chapter;
(b) The respondent or person to be restrained knows of the order; and
(c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or molesting or disturbing another party, from contacting or coming within a specified distance of another party with the intent of intimidating, harassing, or frightening the party or if the person knows or reasonably should have known that the other party is afraid, intimidated, or harassed even if that person did not intend to place the other party in fear, or intimidate or harass the party, or ((restraining the person)) from going onto the grounds of ((or)), entering, or coming within a specified distance of the residence, workplace, school, or day care of another.
(5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.
(6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.
Sec. 17. RCW 26.44.063 and 1993 c 412 s 15 are each amended to read as follows:
(1) It is the intent of the legislature to minimize trauma to a child involved in an allegation of sexual or physical abuse. The legislature declares that removing the child from the home often has the effect of further traumatizing the child. It is, therefore, the legislature's intent that the alleged offender, rather than the child, shall be removed from the home and that this should be done at the earliest possible point of intervention in accordance with RCW 10.31.100, 13.34.130, this section, and RCW 26.44.130.
(2) In any judicial proceeding in which it is alleged that a child has been subjected to sexual or physical abuse, if the court finds reasonable grounds to believe that an incident of sexual or physical abuse has occurred, the court may, on its own motion, or the motion of the guardian ad litem or other parties, issue a temporary restraining order or preliminary injunction restraining or enjoining the person accused of committing the abuse from:
(a) Acts or threats of violence or molesting or disturbing the peace of the alleged victim;
(b) Going onto the grounds of, entering, or coming within a specified distance of the family home, school, or day care of the alleged victim except as specifically authorized by the court; or
(c) Having any contact with or coming within a specified distance of the alleged victim with the intent of intimidating, harassing, or frightening the alleged victim or if the person knows or reasonably should have known that the alleged victim is afraid, intimidated, or harassed even if that person did not intend to place the alleged victim in fear, or intimidate or harass the alleged victim, except as specifically authorized by the court.
(3) In issuing a temporary restraining order or preliminary injunction, the court may impose any additional restrictions that the court in its discretion determines are necessary to protect the child from further abuse or emotional trauma pending final resolution of the abuse allegations.
(4) The court shall issue a temporary restraining order prohibiting a person from entering the family home if the court finds that the order would eliminate the need for an out-of-home placement to protect the child's right to nurturance, health, and safety and is sufficient to protect the child from further sexual or physical abuse or coercion.
(5) The court may issue a temporary restraining order without requiring notice to the party to be restrained or other parties only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(6) A temporary restraining order or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding; and
(b) May be revoked or modified.
(7) The person having physical custody of the child shall have an affirmative duty to assist in the enforcement of the restraining order including but not limited to a duty to notify the court as soon as practicable of any violation of the order, a duty to request the assistance of law enforcement officers to enforce the order, and a duty to notify the department of social and health services of any violation of the order as soon as practicable if the department is a party to the action. Failure by the custodial party to discharge these affirmative duties shall be subject to contempt proceedings.
(8) Willful violation of a court order entered under this section is a misdemeanor. A written order shall contain the court's directive and shall bear the legend: "Violation of this order with actual notice of its terms is a criminal offense under chapter 26.44 RCW, is also subject to contempt proceedings, and will subject a violator to arrest."
Sec. 18. RCW 10.99.040 and 1997 c 338 s 54 are each amended to read as follows:
(1) Because of the serious nature of domestic violence, the court in domestic violence actions:
(a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;
(b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;
(c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and
(d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.
(2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is held in or released from custody before arraignment or trial on bail or personal recognizance, the court ((authorizing the release)) may prohibit that person from having any contact with the victim or coming within a specified distance of the victim with the intent of intimidating, harassing, or frightening the victim or if the person knows or reasonably should have known that the victim is afraid, intimidated, or harassed even if that person did not intend to place the victim in fear, or intimidate or harass the victim. The jurisdiction authorizing the release or in which the person is held in custody shall determine whether that person should be prohibited from having any contact with the victim or coming within a specified distance of the victim with the intent of intimidating, harassing, or frightening the victim or if the person knows or reasonably should have known that the victim is afraid, intimidated, or harassed even if that person did not intend to place the victim in fear, or intimidate or harass the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim or coming within a specified distance of the victim, the court ((authorizing release)) may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim or coming within a specified distance of the victim with the intent of intimidating, harassing, or frightening the victim or if the person knows or reasonably should have known that the victim is afraid, intimidated, or harassed even if that person did not intend to place the victim in fear, or intimidate or harass the victim. In issuing the order, the court shall consider the provisions of RCW 9.41.800. The ((no-contact)) order shall also be issued in writing as soon as possible.
(3) At the time of arraignment the court shall determine whether ((a no-contact)) an order under this section shall be issued or extended. If ((a no-contact)) an order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.
(4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is a gross misdemeanor except as provided in (b) and (c) of this subsection (4). Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.
(b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.
(c) A willful violation of a court order issued under this section is a class C felony if the offender has at least two previous convictions for violating the provisions of ((a no-contact)) an order issued under this chapter, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the ((no-contact orders or protection)) orders the offender violated.
(d) The written order releasing or holding in custody the person charged or arrested shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order." A certified copy of the order shall be provided to the victim. If ((a no-contact order)) an order prohibiting contact with or coming within a specified distance of the victim with the intent of intimidating, harassing, or frightening the victim or if the person knows or reasonably should have known that the victim is afraid, intimidated, or harassed even if that person did not intend to place the victim in fear, or intimidate or harass the victim has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants.
(5) Whenever an order prohibiting contact with or coming within a specified distance of the victim with the intent of intimidating, harassing, or frightening the victim or if the person knows or reasonably should have known that the victim is afraid, intimidated, or harassed even if that person did not intend to place the victim in fear, or intimidate or harass the victim is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.
Sec. 19. RCW 10.99.050 and 1997 c 338 s 55 are each amended to read as follows:
(1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim or to come within a specified distance of the victim with the intent of intimidating, harassing, or frightening the victim or if the defendant knows or reasonably should have known that the victim is afraid, intimidated, or harassed even if the defendant did not intend to place the victim in fear, or intimidate or harass the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.
(2) Willful violation of a court order issued under this section is a gross misdemeanor. Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. A willful violation of a court order issued under this section is also a class C felony if the offender has at least two previous convictions for violating the provisions of ((a no-contact)) an order issued under this chapter, or a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order that is issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the ((no-contact orders or protection)) orders the offender violated.
The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.
(3) Whenever an order prohibiting contact with or coming within a specified distance of the victim with the intent of intimidating, harassing, or frightening the victim or if the person knows or reasonably should have known that the victim is afraid, intimidated, or harassed even if that person did not intend to place the victim in fear, or intimidate or harass the victim is issued pursuant to this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state."
Representative Sterk moved the adoption of (944) to amendment (915):
On page 30, line 5 of the amendment, after "victim." insert:
"(a)"
On page 30, after line 25 of the amendment, insert the following:
"(b) Upon the court's own motion, or upon a verified application by the prosecuting attorney, alleging with specificity that the accused has violated a condition of release imposed under (a) of this subsection, the court shall order the accused to be arrested and held without bail or release on personal recognizance, pending an immediate hearing to reconsider the release authorized under this subsection."
On page 31, line 31 of the amendment, after "order." insert "You are further notified that, upon motion of the court or the prosecuting attorney, alleging with specificity that you have violated a condition of this order, you are subject to arrest without bail or release on personal recognizance pending trial."
On page 33, after line 30 of the amendment, insert the following:
"Sec. 20. RCW 9.95.062 and 1996 c 275 s 9 are each amended to read as follows:
(1) Notwithstanding CrR 3.2 or RAP 7.2, an appeal by a defendant in a criminal action shall not stay the execution of the judgment of conviction, if the court determines by a preponderance of the evidence that:
(a) The defendant is likely to flee or to pose a danger to the safety of any other person or the community if the judgment is stayed; or
(b) The delay resulting from the stay will unduly diminish the deterrent effect of the punishment; or
(c) A stay of the judgment will cause unreasonable trauma to the victims of the crime or their families; or
(d) The defendant has not undertaken to the extent of the defendant's financial ability to pay the financial obligations under the judgment or has not posted an adequate performance bond to assure payment.
(2) An appeal by a defendant convicted of one of the following offenses shall not stay execution of the judgment of conviction: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; a felony domestic violence offense as defined in RCW 10.99.020; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.
(3) In case the defendant has been convicted of a felony, and has been unable to obtain release pending the appeal by posting an appeal bond, cash, adequate security, release on personal recognizance, or any other conditions imposed by the court, the time the defendant has been imprisoned pending the appeal shall be deducted from the term for which the defendant was sentenced, if the judgment is affirmed.
Sec. 21. RCW 10.64.025 and 1996 c 275 s 10 are each amended to read as follows:
(1) A defendant who has been found guilty of a felony and is awaiting sentencing shall be detained unless the court finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released. Any bail bond that was posted on behalf of a defendant shall, upon the defendant's conviction, be exonerated.
(2) A defendant who has been found guilty of one of the following offenses shall be detained pending sentencing: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; a felony domestic violence offense as defined in RCW 10.99.020; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.
Sec. 22. RCW 9.94A.360 and 1997 c 338 s 5 are each amended to read as follows:
The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:
The offender score is the sum of points accrued under this section rounded down to the nearest whole number.
(1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.
(2) Class A and sex prior felony convictions shall always be included in the offender score. Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction. Class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction. This subsection applies to both adult and juvenile prior convictions.
(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.
(4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.
(5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:
(i) Prior offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.400(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;
(ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.
(b) As used in this subsection (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.
(6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.
(7) If the present conviction is for a nonviolent offense and not covered by subsection (11) or (12) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.
(8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), or (12) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.
(9) If the present conviction is for Murder 1 or 2, Assault 1, Assault of a Child 1, Kidnapping 1, Homicide by Abuse, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.
(10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.
(11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense or serious traffic offense, count one point for each adult and 1/2 point for each juvenile prior conviction.
(12) If the present conviction is for a drug offense count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.
(13) If the present conviction is for Willful Failure to Return from Furlough, RCW 72.66.060, Willful Failure to Return from Work Release, RCW 72.65.070, or Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.
(14) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as 1/2 point.
(15) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.
(16) If the present conviction is for a sex offense, count priors as in subsections (7) through (15) of this section; however count three points for each adult and juvenile prior sex offense conviction.
(17) If the present conviction is for an offense committed while the offender was under community placement, add one point.
(18) If the present conviction is for a felony domestic violence offense as defined in RCW 10.99.020, with respect to misdemeanor domestic violence offenses, count one point for each adult and 1/2 point for each juvenile prior conviction.
Sec. 23. RCW 9.94A.120 and 1997 c 340 s 2, 1997 c 338 s 4, 1997 c 144 s 2, 1997 c 121 s 2, and 1997 c 69 s 1 are each reenacted and amended to read as follows:
When a person is convicted of a felony, the court shall impose punishment as provided in this section.
(1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense.
(2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.
(3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.
(4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except in the case of an offender in need of emergency medical treatment or for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.
(5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:
(a) Devote time to a specific employment or occupation;
(b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;
(c) Pursue a prescribed, secular course of study or vocational training;
(d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;
(e) Report as directed to the court and a community corrections officer; or
(f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.
(6)(a) An offender is eligible for the special drug offender sentencing alternative if:
(i) The offender is convicted of the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or a felony that is, under chapter 9A.28 RCW or RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes, and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4);
(ii) The offender has no prior convictions for a felony in this state, another state, or the United States; and
(iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance.
(b) If the midpoint of the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections. If the midpoint of the standard range is twenty-four months or less, no more than three months of the sentence may be served in a work release status. The court shall also impose one year of concurrent community custody and community supervision that must include appropriate outpatient substance abuse treatment, crime-related prohibitions including a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. The court may require that the monitoring for controlled substances be conducted by the department or by a treatment alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions:
(i) Devote time to a specific employment or training;
(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;
(iii) Report as directed to a community corrections officer;
(iv) Pay all court-ordered legal financial obligations;
(v) Perform community service work;
(vi) Stay out of areas designated by the sentencing judge.
(c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of up to the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department, or as a result of a violation found by the court. The term of community supervision shall be tolled by any period of time served in total confinement as a result of a violation found by the court.
(d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.
(7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.
(8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.
The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.
The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(A) Frequency and type of contact between offender and therapist;
(B) Specific issues to be addressed in the treatment and description of planned treatment modalities;
(C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;
(D) Anticipated length of treatment; and
(E) Recommended crime-related prohibitions.
The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.
(ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sex offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eleven years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:
(A) The court shall place the defendant on community custody for the length of the suspended sentence or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section;
(B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:
(I) Devote time to a specific employment or occupation;
(II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;
(III) Report as directed to the court and a community corrections officer;
(IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or
(V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime; and
(C) Sex offenders sentenced under this special sex offender sentencing alternative are not eligible to accrue any earned early release time while serving a suspended sentence.
(iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.
(iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community custody, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community custody.
(v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (a)(vi) of this subsection.
(vi) The court may revoke the suspended sentence at any time during the period of community custody and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community custody shall be credited to the offender if the suspended sentence is revoked.
(vii) Except as provided in (a)(viii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.
(viii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (8) and the rules adopted by the department of health.
(ix) For purposes of this subsection (8), "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
(x) If the defendant was less than eighteen years of age when the charge was filed, the state shall pay for the cost of initial evaluation and treatment.
(b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.
Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:
(i) Devote time to a specific employment or occupation;
(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;
(iii) Report as directed to the court and a community corrections officer;
(iv) Undergo available outpatient treatment.
If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.
Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990.
(c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.
(9)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, any felony domestic violence offense as defined in RCW 10.99.020, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.
(b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, a serious violent offense, vehicular homicide, or vehicular assault, committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:
(i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;
(ii) The offender shall work at department of corrections-approved education, employment, and/or community service;
(iii) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;
(iv) The offender shall pay supervision fees as determined by the department of corrections;
(v) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement; and
(vi) The offender shall submit to affirmative acts necessary to monitor compliance with the orders of the court as required by the department.
(c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions:
(i) The offender shall remain within, or outside of, a specified geographical boundary;
(ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;
(iii) The offender shall participate in crime-related treatment or counseling services;
(iv) The offender shall not consume alcohol;
(v) The offender shall comply with any crime-related prohibitions; or
(vi) For an offender convicted of a felony sex offense against a minor victim after June 6, 1996, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.
(d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.
(10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after June 6, 1996, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2).
(b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section.
(c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040.
(11) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.
(12) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered unless the superior court extends the criminal judgment an additional ten years. If the legal financial obligations including crime victims' assessments are not paid during the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years as provided in RCW 9.94A.140, 9.94A.142, and 9.94A.145. If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.
(13) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.
(14) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the department of corrections and shall follow explicitly the instructions and conditions of the department of corrections. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed.
(a) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.
(b) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. The conditions authorized under this subsection (14)(b) may be imposed by the department prior to or during an offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of a sex offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) of this section.
The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.
(15) All offenders sentenced to terms involving community supervision, community service, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.
(16) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.
(17) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).
(18) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.
(19) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.
(20) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.
(21) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations."
Correct the title.
Representatives Sterk and Costa spoke in favor of the adoption of the amendment.
The amendment to the amendment was adopted.
Representatives Sheahan and Costa spoke in favor of the adoption of the amendment to amended.
The amendment (915) as amended 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 Sheahan 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. 2756.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2756 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Engrossed Substitute House Bill No. 2756, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2897, by Representatives Reams, Grant, Schoesler, Sheahan, Doumit, Pennington, Hatfield, Mulliken, Sherstad, Thompson, Cairnes, Sullivan, Benson, Koster, McMorris, Bush, Dunn, Mielke, Crouse, Chandler and Zellinsky
Exempting certain activities from the state environmental policy act.
The bill was read the second time.
Representative McMorris moved the adoption of amendment (957):
On page 2, after line 7, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 43.21C to read as follows:
Decisions pertaining to preparation and adoption of watershed plans addressing water quality developed by counties or conservation districts outside the Puget Sound area are not subject to the requirements of this chapter if the requirements of subsections 1 and 2 of this section are satisfied.
(1) The plan must be developed by a watershed management committee and its advisory committees which include representatives from:
(a) Cities and counties with territory in the planning area;
(b) Federal Indian reservations located in whole or in part within the boundaries of the planning area;
(c) Special purpose districts within the boundaries of the planning area;
(d) Interest groups representing the major interests in the planning area;
(e) Landowners within the planning area; and
(f) State and federal agencies with jurisdiction over the subject matter of the components of the watershed plan.
(2) Upon completion of the proposed watershed plan, at least one public hearing in the planning area must be held."
Correct the title
Representative McMorris 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 Reams spoke in favor of passage of the bill.
Representatives Romero and Gardner spoke against passage of the bill.
Representative Reams again 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. 2897.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2897 and the bill passed the House by the following vote: Yeas - 59, Nays - 37, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Quall, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 59.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Sullivan, Thomas, B., Tokuda, Veloria, Wolfe and Wood - 37.
Excused: Representatives Buck and Radcliff - 2.
Engrossed House Bill No. 2897, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2898, by Representatives Sherstad, O'Brien, Schoesler, Sheahan, Hatfield, Pennington, Grant, McMorris, Mulliken, Reams, Cairnes, Thompson, Benson, Koster, Dunn, Bush, Alexander and Mielke
Prescribing procedures for review and evaluation programs regarding buildable lands.
The bill was read the second time. There being no objection, Substitute House Bill No. 2898 was substituted for House Bill No. 2898 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2898 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 Sherstad, O'Brien and Reams spoke in favor of passage of the bill.
Representatives Romero and Lantz spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2898.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2898 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, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dunshee, Dyer, Eickmeyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, 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, Zellinsky and Mr. Speaker - 60.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Thomas, B., Tokuda, Veloria, Wensman, Wolfe and Wood - 36.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2898, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2900, by Representatives Cooke, Ballasiotes, McDonald, Boldt and Mitchell
Providing for pro rata calculation of temporary assistance for needy families grants.
The bill was read the second time. There being no objection, Substitute House Bill No. 2900 was substituted for House Bill No. 2900 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2900 was read the second time.
Representative Cooke moved the adoption of amendment (953):
After the enacting clause strike everything and insert the following:
"(1) The department shall study and report on the feasibility of adopting a pro rata calculation for grant amounts. The study shall include but not be limited to the following: (a) The benefits and difficulties regarding implementation; (b) the fiscal impact; (c) appropriate good cause exceptions; (d) methods and rules for preventing abuse of the exceptions; (e) recommendations on alternative calculation systems.
(2) The department shall report its findings to the children and family services committee of house of representatives and to the human services and corrections committee of the senate by November 30, 1998.
(3) For the purpose of this section "pro rata" shall refer to a benefit calculation system in which a recipient's grant amount for any month reflects the recipient's participation in any required work activity, including a reduction in the grant amount for the number of work units or work activity units required by the department under P.L. 104-193 and this chapter that the recipient fails to perform.
(4) This section expires December 31, 1998."
Correct the title.
Representatives Cooke and Tokuda 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 Cooke 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. 2900.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2900 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, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, 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 Cole - 1.
Excused: Representatives Buck and Radcliff - 2.
Engrossed Substitute House Bill No. 2900, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2915, by Representatives Koster, Chandler, Honeyford and Linville
Regulating dairy nutrients.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2915 was substituted for House Bill No. 2915 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2915 was read the second time.
Representative Koster moved the adoption of amendment (958):
On page 1, strike everything after the enacting clause and insert the following
"Sec. 1. RCW 90.64.005 and 1993 c 221 s 1 are each amended to read as follows:
The legislature finds that there is a need to establish a clear and understandable process that provides for the proper and effective management of dairy ((waste)) nutrients that affect((s)) the quality of surface or ground waters in the state of Washington. The legislature finds that there is a need for a program that will provide a stable and predictable business climate upon which dairy farms may base future investment decisions.
The legislature finds that federal regulations require a permit program for dairies (([with])) with over seven hundred head of mature cows and, other specified dairy farms that directly discharge into waters or are otherwise significant contributors of pollution. The legislature finds that significant work has been ongoing over a period of time and that the intent of this chapter is to take the consensus that has been developed and place it into statutory form.
It is also the intent of this chapter to establish an inspection and technical assistance program for dairy farms to address the discharge of pollution to surface and ground waters of the state that will lead to water quality compliance by the industry. A further purpose is to create a balanced program involving technical assistance, regulation, and enforcement with coordination and oversight of the program by a committee composed of industry, agency, and other representatives. Furthermore, it is the objective of this chapter to maintain the administration of the water quality program as it relates to dairy operations at the state level.
It is also the intent of this chapter to recognize the existing working relationships between conservation districts, the conservation commission, and the department of ecology in protecting water quality of the state. A further purpose of this chapter is to provide statutory recognition of the coordination of the functions of conservation districts, the conservation commission, and the department of ecology pertaining to development of dairy waste management plans for the protection of water quality.
Sec. 2. RCW 90.64.010 and 1993 c 221 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Advisory and oversight committee" means a balanced committee of agency, dairy farm, and interest group representatives convened to provide oversight and direction to the dairy nutrient management program.
(2)"Catastrophic" means a tornado, hurricane, earthquake, flood, or other extreme condition that would cause an overflow from a required waste retention structure.
(3) "Certification" means:
(i) the acknowledgment by a local conservation district that a dairy producer has constructed or otherwise put in place the elements necessary to implement his or her diary nutrient management plan; and
(ii) the acknowledgment by a dairy producer that he or she is managing dairy nutrients as specified in his or her approved dairy nutrient management plan."
(4) "Chronic" means a series of wet weather events that precludes the proper operation of a dairy nutrient management system that is designed with adequate volume for the current herd size and is also properly maintained.
(5) "Conservation commission" or "commission" means the conservation commission under chapter 89.08 RCW.
(((2))) (6) "Conservation districts" or "district" means a subdivision of state government organized under chapter 89.08 RCW.
(((3))) (7) "Concentrated dairy animal feeding operation" means a dairy animal feeding operation subject to regulation under this chapter which the director designates under RCW 90.64.((030))020 or meets the following criteria:
(a) Has more than seven hundred mature dairy cows, whether milked or dry cows, that are confined; or
(b) Has more than two hundred head of mature dairy cattle, whether milked or dry cows, that are confined and either:
(i) From which pollutants are discharged into navigable waters through a manmade ditch, flushing system, or other similar manmade device; or
(ii) From which pollutants are discharged directly into surface or ground waters of the state that originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.
(((4))) (8) "Dairy animal feeding operation" means a lot or facility where the following conditions are met:
(a) Dairy animals that have been, are, or will be stabled or confined and fed for a total of forty-five days or more in any twelve-month period; and
(b) Crops, vegetation forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more dairy animal feeding operations under common ownership are considered, for the purposes of this chapter, to be a single dairy animal feeding operation if they adjoin each other or if they use a common area for land application of wastes.
(((5))) (9) "Dairy farm" means any farm that is licensed to produce milk under chapter 15.36 RCW.
(10) "Dairy nutrient" means any organic waste produced by dairy cows or a dairy farm operation.
(11) "Dairy nutrient management plan" means a plan meeting the requirements established under section 5 of this act.
(12) "Dairy nutrient management technical assistance team" means one or more professional engineers and local conservation district employees convened to serve one of up to four distinct geographic areas in the state.
(13) "Dairy producer" means a person who owns or operates a dairy farm.
(14) "Department" means the department of ecology under chapter 43.21A RCW.
(((6))) (15) "Director" means the director of the department of ecology, or his or her designee.
(16) "Upset" means an exceptional incident in which there is an unintentional and temporary noncompliance because of factors beyond the reasonable control of the dairy.
(17) "Violation" means a discharge of pollutants into the waters of the state, except those discharges that are regulated under the terms of a national pollutant discharge elimination system permit and that are:
(i) caused by a 24-hour, twenty-five year or greater storm event, or by catastrophic or chronic weather events; or
(ii) the result of practices that are approved in a certified dairy nutrient management plan, or that are likely to be approved in such a plan no later than December 1, 2000.
NEW SECTION. Sec. 3. (1) Every dairy producer licensed under chapter 15.36 RCW shall register with the department by September 1, 1998, and shall reregister with the department by September 1st of every even-numbered year. Every dairy producer licensed after September 1, 1998, shall register with the department within sixty days of licensing.
(2) To facilitate registration, the department shall obtain from the food safety and animal health division of the department of agriculture a current list of all licensed dairy producers in the state and mail a registration form to each licensed dairy producer no later than July 15, 1998.
(3) At a minimum, the form shall require the following information:
(a) The name and address of the operator of the dairy farm;
(b) The name and address of the dairy farm;
(c) The telephone number of the dairy farm;
(d) The number of cows in the dairy farm;
(e) The number of young stock in the dairy farm;
(f) The number of acres owned and rented in the dairy farm;
(g) Whether the dairy producer, to the best of his or her knowledge, has a plan for managing dairy nutrient discharges that is tailored to the size of his or her herd, and whether the plan is being fully implemented; and
(h) If the fields where dairy nutrients are being applied belong to someone other than the dairy producer whose farm operation generated the nutrients, the name, address, and telephone number of the owners of the property accepting the dairy nutrients shall be included in the registration form. Of this information, the department shall only require the registrant to provide information that is not already available from other sources accessible to the department, such as dairy licensing information.
(4) In the mailing to dairy producers containing the registration form, the department shall also provide information regarding the requirements of this chapter in a manner that is clear and comprehensive.
(5) The department's failure to reach a dairy producer by mail shall not alter the obligation of the producer to register with the department within the time required.
(6) Failure of a dairy producer to register with the department is a violation of this chapter.
NEW SECTION. Sec. 4. Prior to October 1, 1998, the department and conservation commission shall jointly sponsor and hold an educational workshop for conservation districts from around the state. The purpose of the workshop is to inform local conservation districts about the requirements of this chapter, and for local conservation districts, the conservation commission, and the department to clearly understand their respective roles and responsibilities in carrying out these requirements.
NEW SECTION. Sec. 5. (1) By October 1, 1998, the department shall initiate an inspection program of all dairy farms in the state. The purpose of the inspections is to:
(a) Survey for evidence of significant dairy nutrient discharges;
(b) Identify corrective actions for actual or imminent discharges that threaten to violate the state's water quality requirements;
(c) Monitor the development of dairy nutrient management plans; and
(d) Identify dairy producers who would benefit from technical assistance programs.
(2) Local conservation district employees may, at their discretion, accompany department inspectors on any scheduled inspection of dairy farms except random, unannounced inspections.
(3) Follow-up inspections shall be conducted by the department to ensure that corrective and other actions as identified in the course of initial inspections are being carried out. The department shall also conduct such additional inspections as are necessary to ensure compliance with state and federal water quality requirements, provided that all licensed dairy farms shall be inspected once within two years of the start of this program. The department, in consultation with the advisory and oversight committee, shall develop performance-based criteria to determine the frequency of inspections.
NEW SECTION. Sec. 6. (1) All dairy producers licensed under chapter 15.36 RCW shall prepare a dairy nutrient management plan. Such plans shall be submitted for approval to the local conservation district where the dairy farm is located for approval by July 1, 1999, and shall be certified and fully implemented by October 1, 2001. If a plan meets the requirements identified in subsection (2) of this section, a conservation district shall approve the plan.
(2) By November 1, 1998, the department in conjunction with the advisory and oversight committee established in section 8 of this act shall develop a document clearly describing the elements that a dairy nutrient management plan must contain to gain local conservation district approval.
(3) In developing the elements that an approved dairy nutrient management plan must contain, the commission may authorize the use of methods and technologies other than those developed by the natural resources conservation service, provided that, once implemented, such methods and technologies achieve compliance with water quality requirements.
(4) An approved plan shall be certified by a conservation district and a dairy producer when the elements necessary to implement the plan have been constructed or otherwise put in place, and are being used as designed and intended. A certification form shall be developed by the conservation commission for use state-wide and shall provide for a signature by both a conservation district representative and a dairy producer. Signed certification forms shall be dated by October 1, 2001, and a copy provided to the department.
NEW SECTION. Sec. 7. Dairy nutrient management plans shall be considered orders of the department and shall be subject to appeal to the pollution control hearing board according to the procedure in chapter 43.21B RCW.
NEW SECTION. Sec. 8. (1) A dairy nutrient management program advisory and oversight committee is established. The committee shall be co-chaired by the executive director of the conservation commission and a dairy industry representative. The purpose of the committee is to provide direction to and oversight of the dairy nutrient management inspection program, as well as to encourage the use of appropriate alternative technologies and methods for managing dairy nutrient. Members shall be appointed by the commission.
(2) The committee shall include no less than eleven, and no more than thirteen members, including one representative from the department, one representative of the dairy industry from each of up to four geographic areas as referenced in section 9, one representative from the conservation commission, two representatives from local conservation districts, one representative from a local health department, one representative of an environmental organization, and one representative from the shellfish industry. In addition, the natural resources conservation service and the federal environmental protection agency shall each be invited to appoint a representative to the committee.
(3) The committee shall perform the following functions:
(a) Meet at least four times per calendar year;
(b) Maintain meeting minutes and account for the resolution of issues jointly identified by the committee chairs as needing to be addressed;
(c) Review the quarterly data base summary and annual report provided by the department under sections 8 and 11 of this act;
(d) Act as a forum to hear suggestions from any interested parties, including dairy farmers, regarding implementation of the dairy nutrient management program;
(e) Review and recommend standardized dairy farm nutrient management facility inspection procedures and a reporting format to be used by the department; and
(f) Review and recommend dairy nutrient management technologies and methods other than those approved or provided by the natural resources conservation service, as components of nutrient management plans under this chapter. In evaluating new technologies and methods, the principal objective of the evaluation shall be determining whether there is a substantial likelihood that, once implemented, the technologies and methods will achieve compliance with water quality requirements.
(4) The advisory and oversight committee does not replace or infringe upon the authority, duties, or responsibilities of the pollution control hearings board.
NEW SECTION. Sec. 9. (1) By September 1, 1998, the department in consultation with the advisory and oversight committee shall develop and maintain a data base to account for the implementation of the inspection program identified in section 5 of this act.
(2) The data base shall track registration; inspection dates and results, including findings of compliance and non-compliance with water quality requirements; regulatory and enforcement actions; and the status of dairy nutrient management plans. A summary of data base information shall be provided quarterly to the advisory and oversight committee.
(3) Complaints that have been filed with the department or pollution control hearings board shall not be recorded into the data base if, upon the conclusion of an investigation, they are found to be without merit or basis. Any information entered into the data base by the department about any aspect of a particular dairy operation may be reviewed by the affected dairy producer upon request. The department shall correct any information in the data base upon a showing that the information is faulty or inaccurate.
NEW SECTION. Sec. 10. (1) The conservation commission shall establish up to four dairy nutrient management technical assistance teams by May 1, 1998. The teams shall be geographically located throughout the state. Each team shall consist of one or more professional engineers, local conservation district employees, and representatives of county agricultural extension service offices.
(2) By September 1, 1998, each team shall develop one or more sets of standards and specifications to assist dairy producers in developing and implementing dairy nutrient management plans. Standards and specifications developed by a technical assistance team shall be appropriate to the soils and other conditions within that geographic area and shall be reviewed by the advisory and oversight committee.
Sec. 11. RCW 90.64.030 and 1993 c 221 s 4 are each amended to read as follows:
((Upon receiving a complaint or upon its own determination that a dairy animal feeding operation is a likely source of water quality degradation,)) (1) Under the inspection program established in section 5 of this act, the department may investigate a dairy ((animal feeding operation)) farm to determine whether the operation is discharging ((directly)) pollutants or ((recently)) has ((discharged directly)) a record of discharging pollutants into surface or ground waters of the state. Upon concluding an investigation, the department shall make a written report of its findings, including the results of any water quality measurements, photographs, or other pertinent information, and provide a copy of the report to the dairy producer within twenty days of the investigation.
(2) The department shall investigate a written complaint filed with the department within ((ten)) three working days and shall make a written report of its findings including the results of any water quality measurements, photographs, or other pertinent information. A copy of the findings shall be provided ((upon request)) to the dairy ((animal feeding operation)) producer subject to the complaint within twenty days. Only findings of non-compliance with water quality laws shall be entered into the data base identified in section 9 of this act.
((Those dairy animal feeding operations that are)) (3) A dairy farm that is determined to be a significant contributor of pollution based on actual water quality tests, photographs, or other pertinent information ((if immediate corrective actions are not possible, shall be designated as a concentrated dairy animal feeding operation and shall be)) is subject to the provisions of this chapter and to the enforcement provisions of chapters 43.05 and 90.48 RCW, including civil penalties levied under RCW 90.48.144.
(4) For a violation of water quality laws that is a first offense for a dairy producer, the penalty may be waived to allow the producer to come into compliance with water quality laws. The department shall record all legitimate violations and subsequent enforcement actions.
(5) A discharge to surface waters of the state shall not be considered a violation of chapter 90.48 RCW, chapter 173-201A WAC, or a violation of the federal clean water act, and shall therefore not be enforceable by the department of ecology or a third party, if at the time of the discharge, the following conditions are met:
(a) The dairy producer has a current national pollution discharge elimination system permit with a wastewater system designed, operated and maintained for the current herd size to contain all process-generated wastewater plus average annual precipitation minus evaporation plus contaminated storm water runoff from a twenty-five year, twenty-four-hour rainfall event for that specific location; and
(i) The discharge is due to a chronic or catastrophic event or is due to an upset; or
(ii) The dairy producer has complied with the national pollution discharge elimination system permit conditions or the dairy waste management plan conditions regarding appropriate land application practices.
(b) A dairy producer shall not be held liable for violations of Chapter 90.48 RCW, chapter 173-201A or the federal clean water act due to the discharge of dairy nutrients to waters of the state resulting from spreading these materials on lands other than where the nutrients were generated, when the nutrients are spread by persons other than the dairy producer, employee or contractor.
(C) This section specifically acknowledges that if a national pollution discharge elimination system permit holder complies with the permit and the dairy waste management plan conditions for appropriate land application practices, the permit provides compliance with the federal clean water act and acts as a shield against citizen or agency enforcement for any additions of pollutants to waters of the state or of the United States that may occur. The department shall issue a permit to any dairy farm of any size that applies for one.
Sec. 12. RCW 90.64.050 and 1993 c 221 s 6 are each amended to read as follows:
(1) The department has the following duties:
(a) Identify existing or potential water quality problems resulting from dairy farms through implementation of the inspection program in section 5 of this act;
(b) Receive, process, and verify complaints concerning discharge of pollutants from all dairy farms ((regardless of size));
(c) Determine if a dairy-related water quality problem requires immediate corrective action under the Washington state water pollution control laws, chapter 90.48 RCW, or the Washington state water quality standards adopted under chapter 90.48 RCW((, or other authorities)). The department shall maintain the lead enforcement responsibility;
(d) Administer and enforce national pollutant((s)) discharge elimination system permits for operators of concentrated dairy animal feeding operations and other dairy producers, where required by federal regulations((,)) and ((administer)) state laws or upon request of a dairy producer;
(e) ((Appoint representatives, including dairy industry representatives, to participate in the compliance review committee that will annually review and update policy and disseminate information as needed)) Participate on the advisory and oversight committee;
(f) Encourage communication and cooperation between local department personnel and the appropriate conservation district personnel;
(g) ((Encourage)) Require the use of ((federal soil conservation service standards and specifications in designing best management practices for)) dairy ((waste)) nutrient management plans ((to protect water quality)) for entities required to plan under this chapter. Such plans shall meet the standards and specifications of:
(i) The natural resource conservation service;
(ii) The natural resource conservation service as modified by the geographically based standards developed under section 10 of this act; or
(iii) A professional engineer with expertise in the area of dairy nutrient management, soil science, or land application of biosolids or liquids, provided these standards meet a goal of zero discharge of pollutants;
(h) Provide to the commission and the advisory and oversight committee an annual report of dairy ((waste pollution)) nutrient management planning, inspection, and enforcement activities; and
(i) Oversee the conservation districts’ review, approval, and certification of dairy nutrient management plans.
(2) The department may not delegate its responsibilities in enforcement.
Sec. 13. RCW 90.64.060 and 1993 c 221 s 7 are each amended to read as follows:
(1) If the department determines that the operator of a dairy ((animal feeding operation)) has the means to correct a water quality problem in a manner that will prevent future contamination and does so promptly and such correction is maintained, the department shall cease pursuit of the complaint. If a discharge cannot be corrected promptly, the department shall require the dairy producer to obtain a national pollution discharge elimination system permit.
(2) If the department determines that an unresolved water quality problem from a dairy ((animal feeding operation)) farm requires immediate corrective action, the department shall notify the ((operator)) producer and the district in which the problem is located.
When corrective actions are required, the department shall provide copies of all final dairy farm inspection reports and documentation of all formal regulatory and enforcement actions taken by the department to the local conservation district and to the appropriate dairy farm within twenty days.
(((3) If immediate action is not necessary by the department, the handling of complaints will differ depending on the amount of information available and the compliance option selected by the conservation district involved.
(a) When the name and address of the party against whom the complaint was registered are known:
(i) Districts operating at levels 1 and 2 will receive a copy of complaint information, and compliance letter if one was sent out.
(ii) Districts operating at levels 3 and 4 will receive a copy of complaint information and the letter sent by the department to the operator informing the operator of the complaint and providing the operator with the opportunity to work with the conservation district on a voluntary basis.
(b) The department and the conservation district will work together at the local level to resolve complaints when the name and address of the party against whom the complaint was registered are unknown.))
Sec. 14. RCW 90.64.070 and 1993 c 221 s 8 are each amended to read as follows:
(1) The conservation district has the following duties:
(a) ((Adopt and annually update the water quality section in the conservation district dairy waste management plan)) Provide technical assistance to the department in identifying existing water quality problems resulting from dairy farms through implementation of the inspection program in section 5 of this act;
(b) ((As part of the district annual report, include a water quality progress report on dairy waste management activities conducted that are related to this chapter)) Immediately refer complaints received from the public regarding discharge of pollutants to the department;
(c) Encourage communication and cooperation between the conservation district personnel and local department personnel;
(d) ((Adopt and carry out a compliance option from level 1, level 2, level 3, or level 4)) Provide technical assistance to dairy producers in developing and implementing a dairy nutrient management plan; and
(e) Review, approve, and certify dairy nutrient management plans that meet the minimum standards developed under RCW 90.64.050(1)(g).
(2) The district's capability to carry out its responsibilities ((in the four levels of compliance)) under this chapter is contingent upon the availability of funding and resources to implement a dairy ((waste)) nutrient management program.
Sec. 15. RCW 90.64.080 and 1993 c 221 s 9 are each amended to read as follows:
(1) The conservation commission has the following duties:
(a) ((Forward to the department the dairy waste management plan progress reports;
(b))) Provide assistance as may be appropriate to the conservation districts in the discharge of their responsibilities as management agencies in dairy ((waste)) nutrient management program implementation;
(((c))) (b) Provide coordination for conservation district programs at the state level through special arrangements with appropriate federal and state agencies;
(((d))) (c) Inform conservation districts of activities and experiences of other conservation districts relative to agricultural water quality protection, and facilitate an interchange of advice, experience, and cooperation between the districts;
(((e))) (d) Encourage communication between the conservation district personnel and local department personnel;
(((f))) (e) Appoint conservation district representatives to serve on the ((compliance review)) advisory and oversight committee with advice of the Washington association of conservation districts;
(((g) Appoint a commission representative to participate on the compliance review committee that will annually review and update policy and disseminate information as needed;
(h))) (f) Provide a co-chair to the advisory and oversight committee; and
(g) Work with the department to provide communication outreach to representatives of agricultural and environmental organizations to receive feedback on implementation of this chapter.
(2) The commission's capability to carry out its responsibilities under this chapter is contingent upon the availability of funding and resources to implement a dairy ((waste)) nutrient management program.
Sec. 16. RCW 90.48.144 and 1995 c 403 s 636 are each amended to read as follows:
Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, every person who:
(1) Violates the terms or conditions of a waste discharge permit issued pursuant to RCW 90.48.180 or 90.48.260 through 90.48.262, or
(2) Conducts a commercial or industrial operation or other point source discharge operation without a waste discharge permit as required by RCW 90.48.160 or 90.48.260 through 90.48.262, or
(3) Violates the provisions of RCW 90.48.080, or other sections of this chapter, chapter 90.64 RCW, or chapter 90.56 RCW or rules or orders adopted or issued pursuant to ((either of)) those chapters, shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to ten thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be and be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty herein provided for. The penalty amount shall be set in consideration of the previous history of the violator and the severity of the violation's impact on public health and/or the environment in addition to other relevant factors. The penalty herein provided for shall be imposed pursuant to the procedures set forth in RCW 43.21B.300.
NEW SECTION. Sec. 17. The dairy waste management account is created in the custody of the state treasurer. All receipts from monetary penalties levied pursuant to violations of this chapter must be deposited into the account. Expenditures from the account may be used only for the commission to provide grants to local conservation districts for the sole purpose of assisting dairy producers to develop and fully implement dairy nutrient management plans. Only the chairman of the commission or the chairman's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
Sec. 18. RCW 90.48.465 and 1997 c 398 s 2 are each amended to read as follows:
(1) The department shall establish annual fees to collect expenses for issuing and administering each class of permits under RCW 90.48.160, 90.48.162, and 90.48.260. An initial fee schedule shall be established by rule within one year of March 1, 1989, and thereafter the fee schedule shall be adjusted no more often than once every two years. This fee schedule shall apply to all permits, regardless of date of issuance, and fees shall be assessed prospectively. All fees charged shall be based on factors relating to the complexity of permit issuance and compliance and may be based on pollutant loading and toxicity and be designed to encourage recycling and the reduction of the quantity of pollutants. Fees shall be established in amounts to fully recover and not to exceed expenses incurred by the department in processing permit applications and modifications, monitoring and evaluating compliance with permits, conducting inspections, securing laboratory analysis of samples taken during inspections, reviewing plans and documents directly related to operations of permittees, overseeing performance of delegated pretreatment programs, and supporting the overhead expenses that are directly related to these activities.
(2) The annual fee paid by a municipality, as defined in 33 U.S.C. Sec. 1362, for all domestic wastewater facility permits issued under RCW 90.48.162 and 90.48.260 shall not exceed the total of a maximum of fifteen cents per month per residence or residential equivalent contributing to the municipality's wastewater system. The department shall adopt by rule a schedule of credits for any municipality engaging in a comprehensive monitoring program beyond the requirements imposed by the department, with the credits available for five years from March 1, 1989, and with the total amount of all credits not to exceed fifty thousand dollars in the five-year period.
(3) The department shall ensure that indirect dischargers do not pay twice for the administrative expense of a permit. Accordingly, administrative expenses for permits issued by a municipality under RCW 90.48.165 are not recoverable by the department.
(4) In establishing fees, the department shall consider the economic impact of fees on small dischargers and the economic impact of fees on public entities required to obtain permits for storm water runoff and shall provide appropriate adjustments. The fee for a national pollutant discharge elimination system permit issued for discharges related to manure or other dairy nutrient from a dairy farm as defined under chapter 90.64 RCW shall be fifty cents per animal unit covered by the permit.
(5) All fees collected under this section shall be deposited in the water quality permit account hereby created in the state treasury. Moneys in the account may be appropriated only for purposes of administering permits under RCW 90.48.160, 90.48.162, and 90.48.260.
(6) Beginning with the biennium ending June 30, 1997, the department shall present a biennial progress report on the use of moneys from the account to the legislature. The report will be due December 31st of odd-numbered years. The report shall consist of information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.
NEW SECTION. Sec. 19. The department is required to report to the Legislature by December 1 of each year until 2001, on progress made in implementing this act. At a minimum, the reports shall include data on inspections, the status of dairy nutrient planning, compliance with water quality standards, and enforcement actions. The report shall also provide recommendations on how implementation of this act could be facilitated for dairy producers and generally improved.
NEW SECTION. Sec. 20. RCW 90.64.090 and 1993 c 221 s 10 are each repealed.
NEW SECTION. Sec. 21. Sections 3, 5 through 9, and 16 of this act are each added to chapter 90.64 RCW.
NEW SECTION. Sec. 22. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
NEW SECTION. Sec. 23. 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."
Correct internal references.
Representative Koster 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 Koster and Linville spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2915.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2915 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Engrossed Second Substitute House Bill No. 2915, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2924, by Representatives Chandler and Robertson
Granting water rights to certain persons who were water users before January 1, 1993.
The bill was read the second time. There being no objection, Substitute House Bill No. 2924 was substituted for House Bill No. 2924 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2924 was read the second time.
Representative Linville moved adoption of amendment (951):
On page 1, strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) If a person placed surface or ground water to beneficial use before January 1, 1993, for irrigation, stock watering, or domestic use supplied by a public water supply system with one hundred fifty or fewer service connections for which a permit or certificate was not issued by the department or its predecessors, the person or the public water supply system, or their respective successors may continue to use water in the amount that has been beneficially used as provided in subsection (3) of this section if:
(a) The person or the public water supply system files with the department a statement of claim during the period beginning September 1, 1998, and ending midnight June 30, 1999, using the standard form prescribed by RCW 90.14.051; and
(b) The person or public water supply system has applied the water to beneficial use to the full extent stated in the statement of claim during at least one of the five years preceding the date the statement is filed and the person attests to having done so on the statement.
(2) The person or public water supply system must file with the statement of claim evidence that the quantity of water described in the claim was used beneficially before January 1, 1993, and during one of the five years preceding the date the statement was filed in the form of any two of the following:
(a) A statement signed by two persons other than the person filing the statement of claim verifying that the claimant beneficially used the water before January 1, 1993, and during one of the five years preceding the date the statement was filed as described in the statement of claim;
(b) A copy of a dated photograph clearly demonstrating the presence of grass or a crop requiring irrigation in the amounts asserted in the statement of claim or of livestock requiring water in such amounts; or records of receipts of the sale of crops by the person or the person's successor indicating that irrigation in the amount claimed was required to produce the crops;
(c) Receipts or records of irrigation or stockwatering equipment purchases or repairs associated with the water use specified in the statement of claim;
(d) Water well construction records identifying the date the well specified in the statement of claim as the point of withdrawal was constructed;
(e) Records of electricity bills directly associated with the withdrawal of water as specified in the statement of claim;
(f) Personal records such as photographs, journals, or correspondence indicating the use of water as asserted in the statement of claim.
(3) Public water supply systems must, in addition to the requirements of subsection (2) of this section, provide evidence of service connections existing and using water as of January 1, 1993, including documentation that the homes were built and occupied.
NEW SECTION. Sec. 2. If the claimant has not already filed an application for a water right under RCW 90.03.250 or 90.44.060 for the water use stated in the statement of claim, the claimant shall file such an application with the claimant's statement of claim. A claimant who has filed both a statement of claim and an application for a water right has standing to assert a claim of a water right in a general adjudication under RCW 90.03.110 for the water use stated in the statement of claim. The statement of claim shall be reviewed by the court as provided in section 3(2) of this act.
NEW SECTION. Sec. 3. (1) A person may continue to use water described in the statement of claim until one of the following occurs:
(a) The department makes its final decision granting or denying the water right application filed by the applicant as provided in section 2 of this act, following the completion and adoption of a locally developed water resource watershed plan for the WRIA; or
(b) If the department has not made a final decision on the water right application, a court of competent jurisdiction issues a decree pursuant to a general adjudication under RCW 90.03.200 that defines or denies the claimant's right to appropriate water as provided in subsection (2) of this section.
The department may not make final decisions under (a) of this subsection that are on water right applications associated with a claim filed under section 1 of this act in those watersheds where a local watershed planning process has been initiated before the effective date of this section. If the local planning process results in a watershed plan acceptable to the department, decisions on water right applications associated with claims filed under sections 1 through 6 of this act for water from the watershed shall be consistent with the watershed plan. If a watershed plan is not completed within four years of the effective date of this section, the department may thereafter make a final decision on any applications pending in the watershed.
(2) The department or the court may authorize the continued use of water under subsection (1) of this section only if the claimant meets the requirements of RCW 90.03.247 through 90.03.330, chapter 90.44 RCW, and RCW 90.54.020. If the department finds that the applicable requirements are met, it shall grant the water right application and issue a certificate under RCW 90.03.330 authorizing the person to use that quantity of water that had been put to beneficial use, not to exceed that quantity requested in the application or documented in the statement of claim under section 1 of this act, whichever is less. If in a general adjudication the court finds that the requirements are met, it shall confirm such use of water in a decree issued under RCW 90.03.200 and the department shall issue a certificate under RCW 90.03.240. The court may not confirm a right in excess of the quantity of water that was applied to beneficial use as documented in the statement of claim under section 1 of this act or the quantity requested in the application for a water right, whichever is less. The priority date of any right issued by the department or confirmed by a court shall be the date a water right application authorizing the use of water was filed with the department.
(3) If the department or the court denies the claimant's use of water under subsection (2) of this section, the claimant must cease the use of the water. A decision by the department or a court limiting or denying a claimant's right to continue using water does not constitute a compensable taking under state or federal law because such claimants have no continuing legal right to use water.
NEW SECTION. Sec. 4. Sections 1 through 6 of this act do not apply to or authorize any use of water that was the subject of a water right application filed with the department, where the department denied such application.
NEW SECTION. Sec. 5. A continuing use of water authorized under sections 1 through 6 of this act shall not affect or impair in any respect whatsoever a water right existing before September 1, 1998. Sections 1 through 6 of this act do not limit the ability of a senior water right holder to take legal action against any other water user to prevent impairment of his or her water right. A right granted under sections 1 through 6 of this act may be junior in every respect to a right with a more senior date of priority. Any right granted under sections 1 through 6 of this act may only be exercised in a manner that does not impair or interfere with a water right that is senior to it. The filing of a statement of claim under this section does not constitute an adjudication of any claim to the right to the use of waters as between the claimant and the state, or as between one or more water use claimants. A statement of claim filed under this section shall be admissible in a general adjudication of water rights as prima facie evidence of the times of use and the quantity of water the claimant was withdrawing or diverting to the same extent as is provided by RCW 90.14.081 for a statement of claim in the water rights claims registry on the effective date of this section.
NEW SECTION. Sec. 6. This section does not apply to ground water in an area that is, during the period established by section 1(2) of this act, the subject of a general adjudication proceeding for water rights in superior court under RCW 90.03.110 through 90.03.245 and the proceeding applies to ground water rights. This section does not apply to surface water in an area that is, during the period established by section 1(2) of this act, the subject of a general adjudication proceeding for water rights in superior court under RCW 90.03.110 through 90.03.245 and the proceeding applies to surface water rights.
NEW SECTION. Sec. 7. Sections 1 through 6 of this act do not apply to rights embodied in a water right permit or certificate issued by the department or its predecessors, a water right represented by a claim in the water rights claims registry, created under RCW 90.14.111, before September 1, 1998, or a water right exempted from permit and application requirements by RCW 90.44.050.
NEW SECTION. Sec. 8. Sections 1 through 6 of this act do not apply to claims for the use of water in a ground water area or subarea for which a management program adopted by the department by rule and in effect on the effective date of this section establishes acreage expansion limitations for the use of ground water.
NEW SECTION. Sec. 9. Sections 1 through 8 of this act are each added to chapter 90.03 RCW."
Correct the title.
Representative Linville spoke in favor of adoption of the amendment.
Representative Chandler 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 Chandler spoke in favor of passage of the bill.
Representative Regala spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2924.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2924 and the bill passed the House by the following vote: Yeas - 64, Nays - 32, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Gardner, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Kenney, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Quall, 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 - 64.
Voting nay: Representatives Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gombosky, Hatfield, Kastama, Keiser, Kessler, Lantz, Mason, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 32.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2924, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2967, by Representatives Clements, Buck, Regala, Huff and Alexander
Providing for feeding wildlife during emergency conditions.
The bill was read the second time. There being no objection, Substitute House Bill No. 2967 was substituted for House Bill No. 2967 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2967 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Clements and Benson spoke in favor of passage of the bill.
Representatives Tokuda and Chopp spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2967.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2967 and the bill passed the House by the following vote: Yeas - 61, Nays - 33, Absent - 2, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Conway, Cooke, Cooper, Crouse, Delvin, Dunn, Dyer, Gardner, Gombosky, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lantz, Linville, Lisk, Mastin, McCune, McMorris, Mitchell, Morris, Mulliken, O'Brien, Parlette, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Wensman, Wood, Zellinsky and Mr. Speaker - 61.
Voting nay: Representatives Appelwick, Boldt, Butler, Chopp, Cody, Cole, Costa, DeBolt, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Hatfield, Kastama, Keiser, Kenney, Lambert, McDonald, Mielke, Murray, Ogden, Pennington, Poulsen, Quall, Regala, Scott, Smith, Sommers, H., Tokuda, Van Luven, Veloria and Wolfe - 33.
Absent: Representatives Constantine and Mason - 2.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2967, having received the constitutional majority, was declared passed.
I intended to vote NAY on Substitute House Bill No. 2967.
DOW CONSTANTINE, 34th District
HOUSE BILL NO. 2973, by Representative McMorris
Clarifying the role of the liquor control board to hear appeals related to the seizure and forfeiture of cigarettes.
The bill was read the second time. There being no objection, Substitute House Bill No. 2973 was substituted for House Bill No. 2973 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2973 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McMorris and Wood 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. 2973.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2973 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2973, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2976, by Representatives Conway, Robertson, Scott, Radcliff, Cooper, Cairnes, Fisher, K. Schmidt, Veloria, Cody, Kastama, Wood, Keiser, Constantine, Lantz, Zellinsky, B. Thomas, McDonald and O'Brien
Requiring regional transit authority trains to be from Washington manufacturers and made in Washington.
The bill was read the second time. There being no objection, Substitute House Bill No. 2976 was substituted for House Bill No. 2976 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2976 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 Conway and Robertson 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. 2976.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2976 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2976, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2983, by Representatives Robertson, L. Thomas, Pennington, Costa, Mitchell, Regala, Cooke and McCune
Providing residential living arrangements for adults with severe developmental disabilities.
The bill was read the second time. There being no objection, Substitute House Bill No. 2983 was substituted for House Bill No. 2983 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2983 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 Robertson and H. Sommers 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. 2983.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2983 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2983, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2997, by Representatives D. Schmidt and Scott
Harmonizing procedures to fill ballot vacancies.
The bill was read the second time. There being no objection, Substitute House Bill No. 2997 was substituted for House Bill No. 2997 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2997 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives D. Schmidt and Wolfe spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2997.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2997 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2997, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3022, by Representative Boldt
Authorizing interstate agreements for public assistance cross matches.
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 Boldt 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. 3022.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3022 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
House Bill No. 3022, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3041, by Representatives Cooke, Bush, Kastama and Tokuda
Exempting the office of the family and children's ombudsman from certain proceedings.
The bill was read the second time.
With the consent of the House, amendment number 913 to House Bill No. 3041 was withdrawn.
Representative Cooke moved the adoption of amendment (949):
On page 2, line 3, after "staff member" strike "is a witness to" and insert "has direct knowledge of"
On page 2, after line 12, insert:
"(4) The ombudsman or ombudsman’s staff member has direct knowledge of a failure by any person specified in RCW 26.44.030, including the state family and children’s ombudsman or any volunteer in the ombudsman’s office, to comply with RCW 26.44.030."
On page 2, after line 12, insert:
"NEW SECTION. Sec. 3. A new section is added to chapter 43.06A RCW to read as follows:
Nothing in this chapter shall be construed to conflict with the duty to report specified in RCW 26.44.030."
Renumber the remaining sections consecutively and correct the title.
Representatives Cooke and Costa spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Cooke moved the adoption of amendment (914):
On page 2, before line 13, insert:
"New Section. Sec. 3. When the ombudsman or ombudsman’s staff member has reasonable cause to believe that any public official, employee or other person has acted in a manner warranting criminal or disciplinary proceedings, the ombudsman or ombudsman’s staff member shall report the matter, or cause a report to be made, to the appropriate authorities."
Renumber the remaining sections consecutively.
Representative Cooke 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 Cooke and Costa 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. 3041.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 3041 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Engrossed House Bill No. 3041, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3054, by Representatives Clements, Huff and Delvin
Augmenting provisions affecting truant, expelled and suspended students.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 3054 was substituted for House Bill No. 3054 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 3054 was read the second time.
With the consent of the House, amendment number 939 to House Bill No. 3041 was withdrawn.
Representative Smith moved the adoption of amendment (947):
On page 2, line 26, after "session." insert "This subsection shall not apply to a child enrolled in the public school part time for the purpose of receiving ancillary services."
Representatives Smith and Clements spoke in favor of the adoption of the amendment.
Representative Keiser 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 Clements, Keiser and Wensman spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 3054.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 3054 and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 1, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, 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, Poulsen, Quall, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Voting nay: Representatives Boldt and Koster - 2.
Absent: Representative Smith - 1.
Excused: Representatives Buck and Radcliff - 2.
Engrossed Second Substitute House Bill No. 3054, having received the constitutional majority, was declared passed.
There being no objection, Rule 13C was suspended.
HOUSE BILL NO. 3057, by Representatives Chandler and Linville
Allowing trademarks or business logos on adopt-a-highway signs.
The bill was read the second time. There being no objection, Substitute House Bill No. 3057 was substituted for House Bill No. 3057 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 3057 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Chandler and Linville 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. 3057.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3057 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 3057, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3060, by Representative Chandler
Changing provisions relating to sufficient cause for nonuse of water rights.
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 Chandler and Linville spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 3060.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3060 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
House Bill No. 3060, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3062, by Representatives Appelwick and Kenney
Regarding notice of relocation under parenting plans.
The bill was read the second time. There being no objection, Substitute House Bill No. 3062 was substituted for House Bill No. 3062 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 3062 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 Appelwick, Kastama and Lambert 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. 3062.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3062 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 3062, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3068, by Representatives McMorris and Chandler
Regarding a pilot project for limited private applicator licenses and rancher private applicator licenses.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative McMorris spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 3068.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3068 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
House Bill No. 3068, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3089, by Representatives McDonald, Sheahan, Kessler, Bush, Robertson and Boldt
Limiting eligibility for the deferred prosecution program to once in a lifetime.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 3089 was substituted for House Bill No. 3089 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 3089 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 McDonald and Constantine spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 3089.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 3089 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Second Substitute House Bill No. 3089, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3109, by Representatives Huff, H. Sommers, Dyer and Carrell
Verifying the income of subsidized enrollees of the state basic health plan.
The bill was read the second time. There being no objection, Substitute House Bill No. 3109 was substituted for House Bill No. 3109 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 3109 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 Huff and Cody 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. 3109.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3109 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 3109, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3110, by Representatives Mastin, Buck and K. Schmidt
Considering fish in advanced environmental mitigation.
The bill was read the second time. There being no objection, Substitute House Bill No. 3110 was substituted for House Bill No. 3110 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 3110 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Mastin 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. 3110.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3110 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 3110, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3117, by Representative K. Schmidt
Clarifying transportation plans.
The bill was read the second time.
Representative Romero moved the adoption of amendment (945):
On page 1, line 10, after "shall" insert "identify the most cost-effective combination of modal transportation improvements that maximizes the efficient movement of people, freight, and goods within transportation corridors. The state-wide multimodal transportation plan shall"
Representative Romero spoke in favor of the adoption of the amendment.
Representative K. Schmidt 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 K. Schmidt spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 3117.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3117 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
House Bill No. 3117, having received the constitutional majority, was declared passed.
HOUSE JOINT MEMORIAL NO. 4039, by Representatives Huff, Carlson, H. Sommers, Kenney and Wolfe
Petitioning for amendment to the Federal Communications Commission ruling barring direct reimbursement to state agencies that provide telecommunications services.
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.
Representative Huff spoke in favor of passage of the memorial.
The Speaker stated the question before the House to be final passage of House Joint Memorial No. 4039.
ROLL CALL
The Clerk called the roll on the final passage of House Joint Memorial No. 4039 and the memorial passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
House Joint Memorial No. 4039, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1113, by House Committee on Agriculture & Ecology (originally sponsored by Representatives Chandler, Mastin, McMorris, Koster, Delvin, Mulliken, Johnson, Schoesler and Honeyford)
Authorizing a change in the use of water made surplus by certain activities and modifying transfer provisions.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 1113 was substituted for Substitute House Bill No. 1113 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 1113 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Chandler and Linville spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 1113.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 1113 and the bill passed the House by the following vote: Yeas - 65, Nays - 31, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cole, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Eickmeyer, Gardner, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Parlette, Pennington, Quall, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Wensman, Zellinsky and Mr. Speaker - 65.
Voting nay: Representatives Appelwick, Butler, Chopp, Cody, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gombosky, Grant, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Murray, Ogden, Poulsen, Regala, Romero, Sommers, H., Sullivan, Veloria, Wolfe and Wood - 31.
Excused: Representatives Buck and Radcliff - 2.
Second Substitute House Bill No. 1113, having received the constitutional majority, was declared passed.
I intended to vote NAY on Second Substitute House Bill No. 1113.
KIP TOKUDA, 37th District
HOUSE BILL NO. 1939, by Representatives Ogden, Cooper, Lantz, Anderson, Scott, O'Brien, Hatfield, Blalock, Kessler, Conway, Cody and Gardner
Covering reserve law enforcement officers under volunteer fire fighters relief benefits.
The bill was read the second time. There being no objection, Substitute House Bill No. 1939 was substituted for House Bill No. 1939 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1939 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Ogden, D. Schmidt and Carlson spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1939.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1939 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 1939, having received the constitutional majority, was declared passed.
MESSAGE
February 13, 1998
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 6425,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6502,
SUBSTITUTE SENATE BILL NO. 6507,
SUBSTITUTE SENATE BILL NO. 6518,
SUBSTITUTE SENATE BILL NO. 6534,
SUBSTITUTE SENATE BILL NO. 6535,
ENGROSSED SENATE BILL NO. 6537,
SUBSTITUTE SENATE BILL NO. 6565,
SUBSTITUTE SENATE BILL NO. 6574,
ENGROSSED SENATE BILL NO. 6582,
SUBSTITUTE SENATE BILL NO. 6751,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
HOUSE BILL NO. 2436, by Representatives McMorris, Huff, Backlund, H. Sommers, Gardner, Wensman, Ogden, Regala and Alexander; by request of Joint Legislative Audit & Review Committee
Eliminating review and termination of the center for international trade in forest products and delaying review and termination of the office of public defense under the Washington sunset act.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McMorris, Scott and Ogden spoke in favor of passage of the bill.
Representative Dunshee spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2436.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2436 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, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, 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 Dunshee - 1.
Excused: Representatives Buck and Radcliff - 2.
House Bill No. 2436, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 2761 and the bill held it's place on the second reading calendar.
HOUSE BILL NO. 2773, by Representatives Poulsen, Crouse, Morris, Cooper and Constantine
Requiring electric utilities to provide net metering systems to their customer-generators.
The bill was read the second time. There being no objection, Substitute House Bill No. 2773 was substituted for House Bill No. 2773 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2773 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 Poulsen and Crouse 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. 2773.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2773 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2773, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 2818 and the bill held it's place on the second reading calendar.
HOUSE BILL NO. 2902, by Representatives Cooke, Ballasiotes, Carrell, McDonald, B. Thomas, Boldt, Mitchell and Lambert
Authorizing the department of social and health services to contract with private or public vendors for the WorkFirst program.
The bill was read the second time. There being no objection, Substitute House Bill No. 2902 was substituted for House Bill No. 2902 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2902 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 Cooke, Pennington, Boldt and Hickel spoke in favor of passage of the bill.
Representatives Dickerson, Tokuda, Keiser, Hatfield and Gombosky spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2902.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2902 and the bill passed the House by the following vote: Yeas - 53, Nays - 43, Absent - 0, Excused - 2.
Voting yea: Representatives Backlund, Ballasiotes, Benson, Boldt, 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, Mitchell, Mulliken, Parlette, Pennington, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 53.
Voting nay: Representatives Alexander, 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., Sterk, Sullivan, Tokuda, Veloria, Wolfe and Wood - 43.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2902, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2905, by Representatives Carrell, Talcott, Cooke, Bush, Smith, Cairnes, Koster, Backlund, Sherstad, Lambert and Kastama
Prohibiting placement of sexually violent predators in state mental facilities.
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 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. 2905.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2905 and the bill passed the House by the following vote: Yeas - 90, Nays - 6, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Benson, Boldt, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cole, 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, Poulsen, 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 - 90.
Voting nay: Representatives Ballasiotes, Cody, Constantine, Dickerson, Parlette and Quall - 6.
Excused: Representatives Buck and Radcliff - 2.
House Bill No. 2905, having received the constitutional majority, was declared passed.
There being no objection, House Bill No. 2934 was returned to the Rules Committee.
HOUSE BILL NO. 2936, by Representatives Dyer, Backlund, Skinner and Sherstad
Limiting certain civil actions against health care providers.
The bill was read the second time. There being no objection, Substitute House Bill No. 2936 was substituted for House Bill No. 2936 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2936 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 and Appelwick 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. 2936.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2936 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 2936, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3070, by Representatives McCune and Mulliken
Increasing penalties for drunk driving.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 3070 was substituted for House Bill No. 3070 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 3070 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 McCune, Sheahan and Constantine spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 3070.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 3070 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Second Substitute House Bill No. 3070, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3073, by Representatives Koster, Boldt and Sherstad
Requiring the use of stratified random sampling survey methodology for determination of prevailing wages.
The bill was read the second time. There being no objection, Substitute House Bill No. 3073 was substituted for House Bill No. 3073 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 3073 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 Koster and Conway spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 3073.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3073 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, 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, Poulsen, 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 - 96.
Excused: Representatives Buck and Radcliff - 2.
Substitute House Bill No. 3073, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the seventh order of business.
THIRD READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1746, by House Committee on Commerce & Labor (originally sponsored by Representatives Sherstad, Morris, Radcliff, Hatfield, D. Schmidt, Grant, Pennington, Sullivan, Koster, Mulliken, Wood, L. Thomas, Scott, Carrell, Doumit, Sheahan, Huff, Kastama, Boldt, Hickel, McMorris, Thompson, Cooke and Dunshee)
Making minor possession of tobacco a class 3 civil infraction and clarifying penalties for violation of current laws regarding youth access to tobacco.
There being no objection, Engrossed Substitute House Bill No. 1746 was returned to second reading for purpose of amendments.
Representative Cody moved the adoption of amendment (966):
On page 2, after line 21, strike all material through "another." on page 5, line 23
Correct the title
Representatives Cody and Sherstad 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 Sherstad, Pennington and Cody spoke in favor of the passage of the bill.
Representative Quall spoke against the passage of the bill.
The Speaker stated the question before the House to be final passage of Second Engrossed Substitute House Bill No. 1746.
ROLL CALL
The Clerk called the roll on the final passage of Second Engrossed Substitute House Bill No. 1746 and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, 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 Cole and Quall - 2.
Excused: Representatives Buck and Radcliff - 2.
Second Engrossed Substitute House Bill No. 1746, 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
ESSB 5305 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Fairley, Wojahn, Goings, McAuliffe, Patterson and Kohl)
Controlling drugs used to facilitate rape.
Referred to Committee on Criminal Justice & Corrections.
SSB 5468 by Senate Committee on Agriculture & Environment (originally sponsored by Senators Rasmussen, Morton, Fraser, Newhouse, Oke and Jacobsen)
Promoting beekeeping operations.
Referred to Committee on Agriculture & Ecology.
SB 5631 by Senators Wood, Jacobsen and Oke
Exempting education loan guarantee services from business and occupation tax.
Referred to Committee on Finance.
2SSB 5660 by Senate Committee on Ways & Means (originally sponsored by Senators Kohl, Long, Hargrove and Winsley)
Requiring notice of enforcement actions taken against child day-care centers and family day-care providers.
Referred to Committee on Children & Family Services.
SSB 5873 by Senate Committee on Financial Institutions, Insurance & Housing (originally sponsored by Senators Benton and Winsley)
Defining terms under the model toxics control act.
Referred to Committee on Agriculture & Ecology.
SB 6076 by Senators West, Wood, Bauer, Anderson, Kohl, Long, Spanel, Swecker, Finkbeiner, Winsley, Hale, Horn and Hochstatter
Changing the adjustment of state appropriations for needy student financial aid.
Referred to Committee on Appropriations.
SB 6113 by Senators Wood, West, Thibaudeau, Kohl, Long and Rasmussen
Exempting from taxation property of nonprofit organizations providing medical research or training of medical personnel.
Referred to Committee on Finance.
SSB 6114 by Senate Committee on Natural Resources & Parks (originally sponsored by Senators Jacobsen, Oke, Spanel, Kline, Snyder and Haugen)
Preventing the spread of zebra mussel and European green crab.
Referred to Committee on Natural Resources.
SB 6118 by Senators Long and Spanel
Clarifying "gifts" for purposes of ethics in public service.
Referred to Committee on Government Administration.
SB 6122 by Senators Morton and Rasmussen; by request of Department of Agriculture
Inspecting horticultural products.
Referred to Committee on Agriculture & Ecology.
SSB 6129 by Senate Committee on Agriculture & Environment (originally sponsored by Senators Swecker, Fraser and Winsley; by request of Department of Ecology)
Allowing continued use of pollution control tax credits after facilities are modified to maintain effective pollution control.
Referred to Committee on Agriculture & Ecology.
SSB 6130 by Senate Committee on Agriculture & Environment (originally sponsored by Senators Swecker, Fraser, Patterson and Winsley; by request of Department of Ecology)
Regulating underground storage tanks.
Referred to Committee on Agriculture & Ecology.
SB 6131 by Senators Oke, Snyder and Swecker; by request of Department of Health
Regulating sanitary control of shellfish.
Referred to Committee on Natural Resources.
SB 6134 by Senators Oke, Rasmussen, Benton and Fraser
Freeing the base for transfers of marine and nonhighway fuel taxes.
Referred to Committee on Natural Resources.
SSB 6136 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Oke and Long)
Including drug offenses in background checks.
Referred to Committee on Children & Family Services.
SSB 6143 by Senate Committee on Commerce & Labor (originally sponsored by Senators Schow, McAuliffe, Horn and Fraser; by request of Department of Labor & Industries)
Revising the regulation of elevators, escalators, and other conveyances.
Referred to Committee on Commerce & Labor.
SB 6144 by Senators Schow, Heavey and Horn; by request of Department of Labor & Industries
Recovering industrial insurance benefit payments.
Referred to Committee on Commerce & Labor.
SB 6145 by Senators Roach, Kline and Strannigan; by request of Department of Labor & Industries
Revising provisions for crime victims' compensation.
Referred to Committee on Criminal Justice & Corrections.
SSB 6153 by Senate Committee on Law & Justice (originally sponsored by Senators Fairley, Thibaudeau, Kohl and Winsley)
Revising procedures for bringing actions for the injury or death of a child.
Referred to Committee on Law & Justice.
SB 6155 by Senators Roach and Fairley
Revising supervision of municipal court probation services.
Referred to Committee on Law & Justice.
Limiting to one hundred eighty days the length of imprisonment for contempt of court.
Referred to Committee on Law & Justice.
SB 6159 by Senators Morton and Rasmussen
Repealing the authority for the Washington land bank.
Referred to Committee on Agriculture & Ecology.
SSB 6175 by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Strannigan, Haugen, Sellar, Brown and Loveland; by request of State Treasurer)
Authorizing financing contracts.
Referred to Committee on Financial Institutions & Insurance.
SSB 6182 by Senate Committee on Law & Justice (originally sponsored by Senators Johnson and Roach)
Allowing for interstate professional services corporations.
Referred to Committee on Law & Justice.
SB 6183 by Senators Johnson and Roach
Regulating shareholder rights under the Washington business corporation act.
Referred to Committee on Law & Justice.
ESSB 6191 by Senate Committee on Law & Justice (originally sponsored by Senators Johnson, Roach and Fairley)
Changing statutes affecting deeds of trust.
Referred to Committee on Law & Justice.
SB 6192 by Senators Sellar, Snyder and Winsley; by request of State Investment Board
Providing for the operation of the state investment board.
Referred to Committee on Financial Institutions & Insurance.
ESSB 6203 by Senate Committee on Agriculture & Environment (originally sponsored by Senators Morton, Fraser, Snyder and Swecker)
Authorizing exemptions from solid waste designations.
Referred to Committee on Agriculture & Ecology.
SB 6210 by Senators Prince, Loveland, Morton and Rasmussen
Providing a sales tax exemption for parts used for and repairs to farm machinery and implements used outside the state.
Referred to Committee on Finance.
SB 6213 by Senators McCaslin, Snyder, B. Sheldon, Roach, T. Sheldon, Bauer and West
Extending the long arm statute to district court civil cases.
Referred to Committee on Law & Justice.
SSB 6217 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Franklin, Long, Hargrove, Goings, Rasmussen, B. Sheldon, Fraser, Schow and Winsley)
Changing provisions relating to guardians ad litem.
Referred to Committee on Law & Justice.
SB 6228 by Senators Haugen, Morton, Rasmussen, Prentice, Prince and Wood
Adjusting aircraft dealers' license fees and their distribution.
Referred to Committee on Transportation Policy & Budget.
SSB 6229 by Senate Committee on Transportation (originally sponsored by Senators Haugen, Morton, Goings, Winsley, Prince, Rasmussen, Prentice and Wood)
Enhancing compliance with aircraft registration laws.
Referred to Committee on Transportation Policy & Budget.
SSB 6285 by Senate Committee on Government Operations (originally sponsored by Senators Goings, McCaslin, Haugen, Winsley, Patterson and Rasmussen)
Revising provisions relating to imposition of benefit charges by fire protection districts.
Referred to Committee on Government Administration.
SSB 6298 by Senate Committee on Commerce & Labor (originally sponsored by Senators B. Sheldon, Winsley, Rasmussen, Anderson, Snyder and Oke)
Assisting the unemployed to become self-employed.
Referred to Committee on Commerce & Labor.
SB 6303 by Senators Bauer, Long, Franklin, Winsley, Rossi, Roach and Fraser; by request of Joint Committee on Pension Policy
Restoring retirement service credit.
Referred to Committee on Appropriations.
SSB 6341 by Senate Committee on Natural Resources & Parks (originally sponsored by Senator Snyder)
Allowing certain charter boats to be operated by persons without an alternate operator's license in specific circumstances.
Referred to Committee on Natural Resources.
SB 6429 by Senators Long, Kline, Wojahn, Fairley, Winsley and Kohl; by request of Washington Council for Prevention of Child Abuse and Neglect
Allowing the children's trust fund to retain its proportionate share of earnings.
Referred to Committee on Appropriations.
SSB 6489 by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Long, Hargrove, Fairley, Goings, Hale, Kline, Thibaudeau, Prince, Patterson, Winsley, Kohl, Oke and Haugen)
Specifying that there will be no primary for a district court position when there are no more than two candidates filed for the position.
Referred to Committee on Government Administration.
ESSB 6492 by Senate Committee on Law & Justice (originally sponsored by Senators Newhouse, Deccio, Johnson, Loveland and McCaslin; by request of Board for Judicial Administration)
Creating two new superior court positions for Yakima county.
Referred to Committee on Law & Justice.
SSB 6501 by Senate Committee on Transportation (originally sponsored by Senators Horn, Haugen, Benton, Goings, Wood, Winsley and Oke)
Requiring performance budgeting for transportation agencies.
Referred to Committee on Transportation Policy & Budget.
SSB 6516 by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Goings, Hochstatter, Benton, Rossi, Patterson, Oke, Schow, Johnson, McDonald, Stevens, Strannigan, Fraser, Sellar, Prentice, Bauer and Rasmussen)
Providing for the possibility of life imprisonment for first degree murder.
Referred to Committee on Criminal Justice & Corrections.
SB 6635 by Senators Sellar, Bauer, Long and Fraser; by request of Department of Retirement Systems
Administering the deferred compensation plan.
Referred to Committee on Government Administration.
SB 6640 by Senators Morton, Roach, Swecker, McCaslin, Fairley, Goings, Anderson, Oke and Benton
Requiring sex offenders to notify the county sheriff and the state patrol before changing his or her name.
Referred to Committee on Criminal Justice & Corrections.
ESSJM 8010 by Senate Committee on Transportation (originally sponsored by Senators Strannigan and Oke)
Encouraging the federal government to enact laws requiring airbag deactivation switches be installed in new vehicles.
Referred to Committee on Transportation Policy & Budget.
There being no objection, the bills and memorial 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 eighth order of business.
There being no objection, the Rules Committee was relieved of the following bills:
and the same were placed on second reading.
The Speaker took the opportunity to thank the members for their lively debate and civility through this process. And to wish a Happy Valentine's Day.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Lisk, the House adjourned until 9:00 a.m., Monday, February 16, 1998.
TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker