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FORTY THIRD DAY

AFTERNOON SESSION

House Chamber, Olympia, Monday, February 23, 1998

The House was called to order at 1:30 p.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 Ian Seiler and Jessica Boldt. Prayer was offered by Pastor Terry Thomas, Faith Lutheran Church, Redmond.

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

INTRODUCTIONS AND FIRST READING

HB 3129 by Representatives Grant and Mastin

AN ACT Relating to public health; amending RCW 70.38.025; and creating a new section.

Referred to Committee on Health Care.

HCR 4435 by Representative Lisk

Exempting specified matters from the cutoff resolution.

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

REPORTS OF STANDING COMMITTEES

February 19, 1998

HB 3058 Prime Sponsor, Representative Chandler: Changing statutes for waste reduction, recycling, and litter control. Reported by Committee on Appropriations

MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Agriculture & Ecology. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.

Voting Yea: Representatives Huff, Alexander, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Grant, Keiser, Kessler, Lambert, Linville, Mastin, Parlette, Regala, D. Schmidt, Sehlin, Sheahan and Talcott.

Excused: Representatives Clements, Dyer, Kenney, Lisk, McMorris, Poulsen and Tokuda.

February 19, 1998

SB 5217 Prime Sponsor, Senator Bauer: Providing death benefits for volunteer fire fighters. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 41.24.160 and 1996 c 57 s 2 are each amended to read as follows:

(1) Whenever a fire fighter, or a reserve officer provided a benefit under this section, dies as the result of injuries received, or sickness contracted in consequence or as the result of the performance of his or her duties, the board of trustees shall order and direct the payment of the sum of ((two)) one hundred fifty-two thousand dollars to his widow or her widower, or if there is no widow or widower, then to his or her dependent child or children, or if there is no dependent child or children, then to his or her parents or either of them, and the sum of one thousand two hundred seventy-five dollars per month to his widow or her widower during his or her life together with the additional monthly sum of one hundred ten dollars for each child of the member, unemancipated or under eighteen years of age, dependent upon the member for support at the time of his or her death, to a maximum total of two thousand five hundred fifty dollars per month.

(2) If the widow or widower does not have legal custody of one or more dependent children of the deceased fire fighter or if, after the death of the fire fighter, legal custody of such child or children passes from the widow or widower to another person, any payment on account of such child or children not in the legal custody of the widow or widower shall be made to the person or persons having legal custody of such child or children. Such payments on account of such child or children shall be subtracted from the amount to which such widow or widower would have been entitled had such widow or widower had legal custody of all the children and the widow or widower shall receive the remainder after such payments on account of such child or children have been subtracted. If there is no widow or widower, or the widow or widower dies while there are children, unemancipated or under eighteen years of age, then the amount of eight hundred twenty-five dollars per month shall be paid for the youngest or only child together with an additional seventy dollars per month for each additional of such children to a maximum of one thousand six hundred fifty dollars per month until they become emancipated or reach the age of eighteen years; and if there are no widow or widower, child, or children entitled thereto, then to his or her parents or either of them the sum of eight hundred twenty-five dollars per month for life, if it is proved to the satisfaction of the board that the parents, or either of them, were dependent on the deceased for their support at the time of his or her death. In any instance in subsections (1) and (2) of this section, if the widow or widower, child or children, or the parents, or either of them, marries while receiving such pension the person so marrying shall thereafter receive no further pension from the fund.

(3) In the case provided for in this section, the monthly payment provided may be converted in whole or in part into a lump sum payment, not in any case to exceed twelve thousand dollars, equal or proportionate, as the case may be, to the actuarial equivalent of the monthly payment in which event the monthly payments shall cease in whole or in part accordingly or proportionately. Such conversion may be made either upon written application to the state board and shall rest in the discretion of the state board; or the state board is authorized to make, and authority is hereby given it to make, on its own motion, lump sum payments, equal or proportionate, as the case may be, to the value of the annuity then remaining in full satisfaction of claims due to dependents. Within the rule aforesaid the amount and value of the lump sum payment may be agreed upon between the applicant and the state board. Any person receiving a monthly payment under this section on June 29, 1961, may elect, within two years, to convert such payments into a lump sum payment as provided in this section.

NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Correct the title.

Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.

Voting Yea: Representatives Huff, Alexander, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, McMorris, Parlette, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.

Excused: Representatives Clements, Dyer, Mastin and Poulsen.

Passed to Rules Committee for second reading.

February 18, 1998

SB 6122 Prime Sponsor, Senator Morton: Inspecting horticultural products. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass as amended.

On page 22, line 12, delete subsection (15)

Renumber the remaining subsections consecutively and correct the title accordingly

On page 22, after line 25, insert the following new section:

"NEW SECTION. Sec. 38. RCW 15.17.950 is decodified."

Correct the title accordingly

Signed by Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Regala and Sump.

MINORITY recommendation: Without recommendation. Signed by Representative Koster.

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

Voting Nay: Representative Koster.

Excused: Representative Mastin.

Passed to Rules Committee for second reading.

February 20, 1998

SB 6171 Prime Sponsor, Senator Strannigan: Authorizing loans for projects recommended by the public works board. Reported by Committee on Capital Budget

MAJORITY recommendation: Do pass. Signed by Representatives Sehlin, Chairman; Honeyford, Vice Chairman; Ogden, Ranking Minority Member; Sullivan, Assistant Ranking Minority Member; Costa; Hankins; Lantz; Mitchell; D. Sommers and H. Sommers.

Voting Yea: Representatives Sehlin, Honeyford, Ogden, Sullivan, Costa, Lantz, Mitchell and D. Sommers.

Excused: Representatives Hankins, Koster and H. Sommers.

Passed to Rules Committee for second reading.

February 19, 1998

SB 6192 Prime Sponsor, Senator Sellar: Providing for the operation of the state investment board. Reported by Committee on Financial Institutions & Insurance

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

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

Passed to Rules Committee for second reading.

February 19, 1998

SB 6202 Prime Sponsor, Senator Winsley: Changing the securities act to conform with federal statute. Reported by Committee on Financial Institutions & Insurance

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

Passed to Rules Committee for second reading.

February 19, 1998

SSB 6254 Prime Sponsor, Senate Committee on Commerce & Labor: Negotiating land transfers involving manufactured or mobile homes. Reported by Committee on Commerce & Labor

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

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

Excused: Representatives Hatfield and Lisk.

Passed to Rules Committee for second reading.

February 19, 1998

SB 6303 Prime Sponsor, Senator Bauer: Restoring retirement service credit. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.

Excused: Representatives Clements, Dyer, Mastin and Poulsen.

Passed to Rules Committee for second reading.

February 19, 1998

SB 6355 Prime Sponsor, Senator Winsley: Regulating share insurance for credit unions. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass as amended.

On page 11, line 36, after "expires" strike "July" and insert "September"

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

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

Passed to Rules Committee for second reading.

February 19, 1998

SB 6375 Prime Sponsor, Senator Winsley: Setting the rates of interest and other fees charged by pawnbrokers. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass as amended.

On page 2, line 23, before "percent" strike "five" and insert "four"

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

Passed to Rules Committee for second reading.

February 20, 1998

SB 6383 Prime Sponsor, Senator Wood: Creating inactive license status for physical therapists. Reported by Committee on Health Care

MAJORITY recommendation: Do pass as amended.

On page 1, line 10, after "The" strike "board" and insert "secretary"

Signed by Representatives Dyer, Chairman; Backlund, Vice Chairman; Cody, Ranking Minority Member; Anderson; Conway; Parlette; Sherstad; Wood and Zellinsky.

Voting Yea: Representatives Dyer, Backlund, Cody, Anderson, Conway, Parlette, Sherstad, Wood and Zellinsky.

Excused: Representatives Skinner and Murray.

Passed to Rules Committee for second reading.

February 20, 1998

SB 6441 Prime Sponsor, Senator Oke: Clarifying procedures for environmental protection change orders in public projects. Reported by Committee on Capital Budget

Voting Yea: Representatives Sehlin, Honeyford, Ogden, Sullivan, Costa, Lantz, Mitchell and D. Sommers.

Excused: Representatives Hankins, Koster and H. Sommers.

Passed to Rules Committee for second reading.

February 20, 1998

SSB 6545 Prime Sponsor, Senate Committee on Health & Long-Term Care: Providing full funding for the impaired physician program. Reported by Committee on Health Care

MAJORITY recommendation: Do pass. Signed by Representatives Dyer, Chairman; Backlund, Vice Chairman; Cody, Ranking Minority Member; Anderson; Conway; Parlette; Wood and Zellinsky.

MINORITY recommendation: Do not pass. Signed by Representative Sherstad.

Voting Yea: Representatives Dyer, Backlund, Cody, Anderson, Conway, Parlette, Wood and Zellinsky.

Voting Nay: Representative Sherstad.

Excused: Representatives Skinner and Murray.

Referred to Committee on Appropriations.

February 19, 1998

SSB 6575 Prime Sponsor, Senate Committee on Government Operations: Extending the powers of the joint administrative rules review committee. Reported by Committee on House Government Reform & Land Use

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Cairnes, Vice Chairman; Sherstad, Vice Chairman; Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; Bush; Fisher; Gardner; Mielke; Mulliken and Thompson.

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

Excused: Representative Gardner.

Passed to Rules Committee for second reading.

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

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

There being no objection, the rules were suspended and House Bill No. 3058 was placed on second reading.

RESOLUTION

HOUSE RESOLUTION NO. 98-4703, by Representatives Johnson and Eickmeyer

WHEREAS, Mason County Transit Authority received the Federal Transit Administration award for Excellence in Rural Transit Service on September 17, 1997, and was one of only four transit systems in the entire United States to receive this award; and

WHEREAS, The Excellence in Rural Transit Service recognizes extraordinary achievement by rural transit systems; and

WHEREAS, Mason County Transit Authority is a leader in developing innovative and diverse responses to address the transportation needs of the community; and

WHEREAS, Mason County Transit Authority serves the city of Shelton and the greater Mason County region; and

WHEREAS, Mason County has a population of over forty-seven thousand spread out over seven hundred geographically diverse miles; and

WHEREAS, Mason County Transit Authority connects the Shelton-Mason County community with the adjoining communities located in Jefferson, Kitsap, Pierce, Thurston, and Grays Harbor counties; and

WHEREAS, Mason County Transit Authority was established in 1992 by Mason County voters to meet the mass transportation needs of the region; and

WHEREAS, Mason County Transit Authority has steadily increased its passenger rate by as much as forty-seven percent annually since 1992 and currently has a passenger rate of over twenty thousand rides per month; and

WHEREAS, Mason County Transit Authority was the first rural public transportation operator in Washington State to access Federal Surface Transportation Program funding for revenue vehicles; and

WHEREAS, Mason County Transit Authority participated with the Squaxin Island Tribe in designing an interpretative transit and transfer center that was the first state-wide competitive Surface Transportation Program project in Washington awarded to a tribal government; and

WHEREAS, Mason County Transit Authority provides an invaluable service to the residents of Mason County and is a tremendous asset to the region;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives congratulate Mason County Transit Authority for its regional excellence and national recognition; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Mason County Transit Authority General Manager Dave O'Connell and to his dedicated administrative staff at Mason County Transit Authority.

Representative Johnson moved adoption of the resolution.

Representatives Johnson and Eickmeyer spoke in favor of the adoption of the resolution.

House Resolution No. 4703 was adopted.

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

MOTION

On motion of Representative Robertson, the House adjourned until 9:55 a.m., Tuesday, February 24, 1998.

TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker