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FIFTY FIRST DAY

MORNING SESSION

House Chamber, Olympia, Tuesday, March 3, 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 Marina Waterman and Casey Winters. Prayer was offered by Pastor Cliff Barbich, Fellowship Bible Church, Woodinville.

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

MESSAGE FROM THE SENATE

March 2, 1998

Mr. Speaker:

The Senate has passed:

SECOND SUBSTITUTE HOUSE BILL NO. 1065,

HOUSE BILL NO. 2144,

SUBSTITUTE HOUSE BILL NO. 2295,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2297,

SUBSTITUTE HOUSE BILL NO. 2321,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2330,

ENGROSSED HOUSE BILL NO. 2350,

SUBSTITUTE HOUSE BILL NO. 2364,

HOUSE BILL NO. 2575,

ENGROSSED HOUSE BILL NO. 2920,

SUBSTITUTE HOUSE BILL NO. 2931,

and the same are herewith transmitted.

Susan Carlson, Deputy Secretary

RESOLUTIONS

HOUSE RESOLUTION NO. 98-4702, by Representatives Johnson and Eickmeyer

WHEREAS, The Southside School Board has been recognized as the 1997 Washington State School Board of the Year; and

WHEREAS, It is the mission of the school districts across the state of Washington to provide every student with the best possible education; and

WHEREAS, School boards set policies and procedures to govern all aspects of school district operation; and

WHEREAS, The Southside School Board has kept its attention focused on involving parents, educators, students, and community members in the decision-making process; and

WHEREAS, This effort has succeeded in providing the Southside community with a sense of public ownership and pride in the Southside School District; and

WHEREAS, Serving on a school board requires a considerable devotion of time and service to carry out the mission and business of the school district; and

WHEREAS, Each member of the Southside School Board has demonstrated a genuine commitment to striving for high quality public education that supports the full development of all children and the present and future welfare of the local community; and

WHEREAS, The Southside School Board's dedication to school accountability is clearly communicated by the district's Annual Performance Report, in which the parents and community are informed of student achievement; and

WHEREAS, Southside School Board members have responded on behalf of the Shelton community to the educational needs of the students;

NOW, THEREFORE, BE IT RESOLVED, That the members of the 1997 Southside School Board, Chairperson Mel Kirpes, Vice-Chairperson Dr. Kathryn Haigh, Don Robbins, Bill Sloane, John E. Halver IV, Mike Sheetz, Walter E. Sande, and Don Pogreba, be commended for their dedication to their community; and

BE IT FURTHER RESOLVED, That the Washington State House of Representatives recognize and honor the Southside School Board for their achievements as the 1997 Washington State School Board of the Year; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Chairperson Mel Kirpes and the members of the Southside School Board.

Representative Johnson moved adoption of the resolution.

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

House Resolution No. 4702 was adopted.

The Speaker assumed the chair.

HOUSE RESOLUTION NO. 98-4712, by Representatives Lantz, Eickmeyer, Gardner, Romero, Koster, Mulliken, Honeyford, Dyer and Dunn

WHEREAS, We are a state and nation of immigrants; and

WHEREAS, The state of Washington is one of the most internationally trade-oriented states in the United States, benefiting heavily from the continuing ties that bind generations of immigrants to Washington with their native lands; and

WHEREAS, Washington immigrants and their contributions, great and small, to the building of this state in the past, present, and future are rarely recognized; and

WHEREAS, The state of Washington has become home to a number of the world's leaders in computer software, biotechnology, and medical research, which have all benefited substantially from the contribution of immigrant scientists, medical researchers, and engineers; and

WHEREAS, Rapid changes in global affairs require countries to renew and enhance their ties with neighboring states and countries; and

WHEREAS, Immigrants such as Samuel Jerisich, a Croatian immigrant who helped originally settle Gig Harbor, Hans Dehmelt, the University of Washington's first Nobel Prize winner, from Germany, Chin Chun Hock, the Chinese founder of Wa Chong Company, Fred Nelsen, from Denmark, a turn of the century dairy farmer in the Green River Valley, who, having received no formal education himself, served for many years on the Renton School Board, and sent six children to Washington State College, as well as many other individuals, have contributed to the rich history of Washington State; and

WHEREAS, Washington public figures such as Representative Velma Veloria, from the Philippines, Representative Joyce McDonald, from Scotland, State Budget Director Dr. Chang Mook Sohn, and former state legislator Paul Shin, both from Korea, have all benefited our state in significant ways; and

WHEREAS, The cousin of Governor Gary Locke, a leader in the Chinese-American community who immigrated to Washington in 1874, helped to quell a mob of angry citizens who attempted to drive Chinese residents out of the city in 1886; and

WHEREAS, These famous immigrants, and those not as well known, have displayed an exceptional range of skills, talents, trades, and credentials; and

WHEREAS, Washington immigrants faced the challenges of being newcomers in a strange land and succeeded in making their mark in this state; and

WHEREAS, Those immigrants who come to Washington continue to be hard working, industrious, and productive participants and leaders in all aspects of state life and government; and

WHEREAS, Washington immigrants continue to strengthen and enrich the fabric of our culturally diverse society;

NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State House of Representatives and all who live in this state recognize and honor the dedication, talents, loyalty, hard work, and priceless contributions that immigrants have made to the cultural, social, political, and economic growth of Washington.

Representative Lantz moved adoption of the resolution.

Representatives Lantz, Mulligan and Veloria spoke in favor of the adoption of the resolution.

House Resolution No. 4712 was adopted.

SECOND READING

HOUSE BILL NO. 2410, by Representative Dyer

Establishing the department of social and health services as the sole administrator for boarding homes.

The bill was read the second time.

Representative Dyer moved the adoption of amendment (1027):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 18.20 RCW to read as follows:

(1) Powers and duties regarding boarding homes, previously assigned under this chapter to the department of health and to the secretary of health, are by this section transferred to the department of social and health services and to the secretary of social and health services, respectively. This section further provides that, regarding boarding homes, all references within the Revised Code of Washington to the department of health and to the secretary of health mean the department of social and health services and the secretary of social and health services, respectively.

(2)(a) The department of health shall deliver to the department of social and health services all reports, documents, surveys, books, records, data, files, papers, and written material pertaining to boarding homes and the powers, functions, and duties transferred by this section. The department of health shall make available to the department of social and health services all cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of health in carrying out the powers, functions, and duties transferred by this section. The department of health shall assign to the department of social and health services all funds, credits, and other assets that the department of health possesses in connection with the power, functions, and duties transferred by this section.

(b) On the effective date of this section, the department of health shall transfer to the department of social and health services any appropriations and license fees made to or possessed by the department of health for carrying out the powers, functions, and duties transferred by this section.

(c) When a question arises regarding the transfer of personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers, functions, and duties transferred by this section, the director of financial management shall determine the proper allocation and shall certify that determination to the state agencies concerned.

(3) The department of social and health services shall continue and shall act upon all rules and pending business before the department of health pertaining to the powers, functions, and duties transferred by this section.

(4) The transfer of powers, functions, duties, and personnel from the department of health to the department of social and health services, as mandated by this section, will not affect the validity of any act performed by the department of health regarding boarding homes before the effective date of this section.

(5) If apportionments of budgeted funds are required because of the transfers mandated by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the necessary transfers and adjustments in funds, appropriation accounts, and equipment records in accordance with the certification.

(6) Nothing contained in this section alters any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement expires or until the bargaining unit is modified by action of the personnel board as provided by law.

Sec. 2. RCW 18.20.020 and 1991 c 3 s 34 are each amended to read as follows:

As used in this chapter:

(1) "Aged person" means a person of the age sixty-five years or more, or a person of less than sixty-five years who by reason of infirmity requires domiciliary care.

(2) "Boarding home" means any home or other institution, however named, which is advertised, announced or maintained for the express or implied purpose of providing board and domiciliary care to three or more aged persons not related by blood or marriage to the operator. It shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban development.

(3) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.

(4) "Secretary" means the secretary of social and health services.

(5) "Department" means the state department of social and health services.

(6) "Authorized department" means any city, county, city-county health department or health district authorized by the secretary ((of health)) to carry out the provisions of this chapter.

Sec. 3. RCW 18.20.190 and 1995 1st sp.s. c 18 s 18 are each amended to read as follows:

(1) The department of social and health services is authorized to take one or more of the actions listed in subsection (2) of this section in any case in which the department finds that a boarding home provider has:

(a) Failed or refused to comply with the requirements of this chapter or the rules adopted under this chapter;

(b) Operated a boarding home without a license or under a revoked license;

(c) Knowingly, or with reason to know, made a false statement of material fact on his or her application for license or any data attached thereto, or in any matter under investigation by the department; or

(d) Willfully prevented or interfered with any inspection or investigation by the department.

(2) When authorized by subsection (1) of this section, the department may take one or more of the following actions:

(a) Refuse to issue a license;

(b) Impose reasonable conditions on a license, such as correction within a specified time, training, and limits on the type of clients the provider may admit or serve;

(d) Suspend, revoke, or refuse to renew a license; or

(e) Suspend admissions to the boarding home by imposing stop placement.

(3) When the department orders stop placement, the facility shall not admit any new resident until the stop placement order is terminated. The department may approve readmission of a resident to the facility from a hospital or nursing home during the stop placement. The department shall terminate the stop placement when: (a) The violations necessitating the stop placement have been corrected; and (b) the provider exhibits the capacity to maintain adequate care and service.

(4) Chapter 34.05 RCW applies to department actions under this section, except that orders of the department imposing license suspension, stop placement, or conditions for continuation of a license are effective immediately upon notice and shall continue pending any hearing.

NEW SECTION. Sec. 4. A new section is added to chapter 18.20 RCW to read as follows:

The secretary may adopt rules and policies as necessary to entitle the state to participate in federal funding programs and opportunities and to facilitate state and federal cooperation in programs under the department's jurisdiction. The secretary shall ensure that any internal reorganization carried out under the terms of this chapter complies with prerequisites for the receipt of federal funding for the various programs under the department's control. When interpreting any department-related section or provision of law susceptible to more than one interpretation, the secretary shall construe that section or provision in the manner most likely to comply with federal laws and rules entitling the state to receive federal funds for the various programs of the department. If any law or rule dealing with the department is ruled to be in conflict with federal prerequisites to the allocation of federal funding to the state, the department, or its agencies, the secretary shall declare that law or rule inoperative solely to the extent of the conflict.

NEW SECTION. Sec. 5. (1) The governor shall establish a joint legislative and executive task force on long-term care, safety, quality, and oversight. The joint task force shall consist of seven members. The governor shall appoint three members that include: (a) The secretary of the department of social and health services or his or her designee; (b) the secretary of the department of health or his or her designee; and (c) the state long-term care ombudsman. Four legislative members shall serve on the joint task force as ex officio members and include: Two members of the senate appointed by the president of the senate, one of whom shall be a member of the majority caucus and one whom shall be a member of the minority caucus; and two members of the house of representatives appointed by the speaker of the house of representatives, one of whom shall be a member of the majority caucus and one whom shall be a member of the minority caucus. Primary staff assistance to the joint task force shall be provided by the office of financial management with assistance, as directed by legislative members, by the health care committee of the house of representatives office of program research and the senate health and long-term care committee of senate committee services.

(2) The joint task force shall elect a chair and vice-chair. The chair shall serve a one-year term as the chair of the joint task force. The following year, the previously elected vice-chair shall serve as the chair of the joint task force and a new vice-chair shall be elected by the members of the joint task force.

(3) The joint task force shall have the ability to create advisory committees and appoint individuals from a variety of disciplines and perspectives including patient and resident advocates, to assist the joint task force with specific issues related to chapter . . ., Laws of 1998 (this act).

(4) The joint task force may hold meetings, including hearings, to receive public testimony, which shall be open to the public in accordance with law. Records of the joint task force shall be subject to public disclosure in accordance with law. Members shall not receive compensation, but may be reimbursed for travel expenses as authorized under RCW 43.03.050 and 43.03.060. Advisory committee members, if appointed, shall not receive compensation or reimbursement for travel or expenses.

(5) The joint task force shall:

(a) Review all long-term care quality and safety standards for all long-term care facilities and services developed, revised, and enforced by the department of social and health services;

(b) In cooperation with aging and adult services, the division of developmental disabilities, and the division of mental health and the department of health, develop recommendations to simplify, strengthen, reduce, or eliminate rules, procedures, and burdensome paperwork that prove to be barriers to providing the highest standard of client safety, effective quality of care, effective client protections, and effective coordination of direct services;

(c) Review the need for reorganization and reform of long-term care administration and service delivery, including administration and services provided for the aged, for those with mental health needs, and for the developmentally disabled, and recommend the establishment of a single long-term care department or a division of long-term care within the department of social and health services;

(d) Suggest cost-effective methods for reallocating funds to unmet needs in direct services;

(e) List all nonmeans tested programs and activities funded by the federal older Americans act and state-funded senior citizens act or other such state-funded programs, and recommend methods for integrating such services into existing long-term care programs for the functionally disabled;

(f) Suggest methods to establish a single point of entry for service eligibility and delivery for all functionally disabled persons;

(g) Evaluate the need for long-term care training and review all long-term care training and education programs conducted by the department of social and health services, and suggest modifications to enhance client safety, to create greater access to training through the use of innovative technology, to reduce training costs, to improve coordination of training between the appropriate divisions and departments and, to enhance the overall uniformity of the long-term care training system;

(h) Evaluate the current system used by the department of social and health services for placement of functionally disabled clients, including aging, mentally ill, and developmentally disabled persons, into long-term care settings and services and assess the capacity of each long-term care service or setting to appropriately meet the health and safety needs of functionally disabled clients or residents referred to each service or setting; and

(i) Evaluate the need for uniform client assessments for determining functional long-term care needs of all persons who receive state-funded, long-term care services; and

(j) Evaluate the success of the transfer of boarding home responsibilities outlined in chapter . . ., Laws of 1998 (this act) and recommend if any further administrative changes should be made.

(6) The joint task force shall report its initial findings and recommendations to the governor and appropriate committees of the legislature by January 1, 1999. The joint task force shall report its final findings and recommendations to the governor and appropriate committees of the legislature by December 12, 1999.

NEW SECTION. Sec. 6. The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1999, from the general fund to the office of financial management solely for the purposes of implementing section 5 of this act.

NEW SECTION. Sec. 7. Sections 1 through 4 of this act take effect July 1, 1998, and expire July 15, 1999, unless reauthorized by the legislature. Section 5 of this act takes effect July 1, 1998, and expires December 12, 1999.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

On page 1, line 1 of the title, after "homes;" strike the remainder of the title and insert "amending RCW 18.20.020 and 18.20.190; adding new sections to chapter 18.20 RCW; creating a new section; making an appropriation; providing effective dates; providing a contingent expiration date; and providing an expiration date."

Representative Dyer moved the adoption of amendment (1035) to amendment 1027:

On page 5, line 27 of the amendment, after "including" strike "patient and resident advocates" and insert "but not limited to patient and resident advocates and representatives of provider organizations"

On page 7, line 5 of the amendment, after "services;" strike "and"

On page 7, line 8 of the amendment, after "made" insert "; and

(k) Evaluate the need to establish a dementia and Alzheimer's certification requirement for long-term care facilities who choose to provide care to persons who have been diagnosed with Alzheimer's or a related dementia. The evaluation shall also identify the level of disability a resident or client must have before the resident or client is considered for care in a certified long-term care Alzheimer's facility"

On page 7, beginning on line 19 of the amendment, strike all of section 7 and insert the following:

"NEW SECTION. Sec. 7. 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. 8. (1) Sections 1 through 4 of this act expire July 1, 2000, unless reauthorized by the legislature.

(2) Section 5 of this act expires December 12, 1999."

Renumber the sections consecutively and correct the title and any internal references accordingly.

Representative Dyer spoke in favor of the adoption of amendment (1035) to amendment (1027).

The amendment to the amendment was adopted.

Representative Dyer spoke in favor of the adoption of amendment (1027) as amended by amendment (1035).

The amendment 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.

Representatives Dyer, Murray, Backlund, Conway, Sherstad and Zellinsky 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. 2410.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2410, 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, 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, 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 and Zellinsky - 95.

Voting nay: Representatives Dunn, Parlette and Mr. Speaker - 3.

Engrossed House Bill No. 2410, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration of House Bill No. 3122 and the bill held its place on the second reading.

ENGROSSED SUBSTITUTE SENATE BILL NO. 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.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Criminal Justice & Corrections was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

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 Costa spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5305, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5305, as amended by the House, 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 Senate Bill No. 5305, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5517, by Senate Committee on Higher Education (originally sponsored by Senators Wood, Kohl, Bauer, Patterson, Winsley, Brown, Goings, Fraser, Loveland, Benton, Sellar, Franklin and Oke)

Requiring one student member on each state institution of higher education's governing board.

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 Carlson, Kenney, Ogden and Morris spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5517.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5517 and the bill passed the House by the following vote: Yeas - 87, Nays - 11, 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, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Hickel, Honeyford, 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., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 87.

Voting nay: Representatives Carrell, Dyer, Hankins, Koster, Lisk, Mulliken, Parlette, Robertson, Sherstad, Thomas, B. and Van Luven - 11.

Substitute Senate Bill No. 5517, having received the constitutional majority, was declared passed.

SECOND SUBSTITUTE SENATE BILL NO. 5727, by Senate Committee on Transportation (originally sponsored by Senators Wood, Haugen, Jacobsen, Hargrove, Finkbeiner, Deccio, Heavey, Goings, McAuliffe, Patterson, Prentice, Winsley, Kohl and Rasmussen)

Requiring backup alerts or crossview mirrors on delivery trucks.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Mitchell, Cooper and Kenney spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Second Substitute Senate Bill No. 5727.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5727 and the bill passed the House by the following vote: Yeas - 88, Nays - 9, Absent - 1, 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, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, 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, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 88.

Voting nay: Representatives Carrell, Dunn, Koster, Lisk, McMorris, Mulliken, Robertson, Sherstad and Sump - 9.

Absent: Representative Dyer - 1.

Second Substitute Senate Bill No. 5727, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on Second Substitute Senate Bill No. 5727.

PHIL DYER, 5th District

MOTION FOR RECONSIDERATION

Representative Honeyford, having voted on the prevailing side, moved that the rules be suspended, and that the House immediately reconsider the vote on Substitute Senate Bill No. 5517. The motion was carried.

RECONSIDERATION

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5517 on reconsideration.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5517 on reconsideration and the bill passed the House by the following vote: Yeas - 81, Nays - 17, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Butler, Cairnes, Carlson, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Mason, Mastin, 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, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood and Zellinsky - 81.

Voting nay: Representatives Bush, Carrell, Crouse, Dyer, Hankins, Hickel, Honeyford, Koster, Lisk, McCune, Mulliken, Parlette, Robertson, Sherstad, Sterk, Van Luven and Mr. Speaker - 17.

Substitute Senate Bill No. 5517, on reconsideration, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5936, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Kohl, Long, Hargrove, Franklin, Bauer and Rasmussen)

Requiring a report on alternatives for increasing offender access to postsecondary academic and vocational opportunities.

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 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 Substitute Senate Bill No. 5936.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5936 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, 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.

Voting nay: Representative Smith - 1.

Engrossed Substitute Senate Bill No. 5936, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6169, by Senators Winsley and Prentice

Regulating third-party appraisals.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives L. Thomas, Wolfe, Conway and Smith spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6169.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6169 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, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, 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 Chandler, Mulliken and Parlette - 3.

Senate Bill No. 6169, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6191, by Senate Committee on Law & Justice (originally sponsored by Senators Johnson, Roach and Fairley)

Changing statutes affecting deeds of trust.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Law & Justice was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

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

The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6191, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6191, as amended by the House, 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 Senate Bill No. 6191, as amended by the House, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6203, by Senate Committee on Agriculture & Environment (originally sponsored by Senators Morton, Fraser, Snyder and Swecker)

Authorizing exemptions from solid waste designations.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Agriculture & Ecology was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

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 Engrossed Substitute Senate Bill No. 6203, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6203, as amended by the House, and the bill passed the House by the following vote: Yeas - 80, Nays - 18, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cooke, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, 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, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, L., Thompson, Van Luven, Wood, Zellinsky and Mr. Speaker - 80.

Voting nay: Representatives Butler, Cody, Cole, Constantine, Conway, Cooper, Dickerson, Dyer, Keiser, Kenney, Murray, Romero, Sullivan, Thomas, B., Tokuda, Veloria, Wensman and Wolfe - 18.

Engrossed Substitute Senate Bill No. 6203, as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6223, by Senators McCaslin, Winsley, West, Haugen and Sellar; by request of Board of Tax Appeals

Revising provisions for filing with the state tax board.

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 D. Schmidt and Scott spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6223.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6223 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.

Senate Bill No. 6223, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration of Senate Bill No. 6228 and the bill held its place on second reading.

SUBSTITUTE SENATE BILL NO. 6240, by Senate Committee on Law & Justice (originally sponsored by Senator Stevens)

Allowing a superior court judge to appoint a stenographer reporter.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Law & Justice was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Sheahan and Costa spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6240, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6240, as amended by the House, 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 Senate Bill No. 6240, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6258, by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Kline and Hargrove; by request of Statute Law Committee)

Making technical corrections to the Revised Code of Washington.

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 Sheahan and Constantine spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6258.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6258 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 Senate Bill No. 6258, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6297, by Senate Committee on Ways & Means (originally sponsored by Senators Benton, Bauer and Snyder)

Revising the formula for local public health financing in a county where a city annexed territory with fifty thousand residents or more in 1996 or 1997.

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 Carlson spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6297.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6297 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, 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, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, 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 Boldt, Mielke and Pennington - 3.

Substitute Senate Bill No. 6297, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6299, by Senators Johnson and Heavey

Identifying where actions for unlawful issuance of a check or draft may be brought.

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 Sheahan and Costa spoke in favor of passage of the bill.

MOTION

On motion of Representative Talcott, Representative Smith was excused.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6299.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6299 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, 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, 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, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Voting nay: Representative Sullivan - 1.

Excused: Representative Smith - 1.

Senate Bill No. 6299, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6323, by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Long, Heavey, Swecker, Snyder, McCaslin, Goings and Rasmussen)

Clarifying the law of adverse possession affecting forest land.

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 Sheahan, Lantz, Pennington and Appelwick spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6323.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6323 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, 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, 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 Cole and Constantine - 2.

Excused: Representative Smith - 1.

Engrossed Substitute Senate Bill No. 6323, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration of Senate Bill No. 6348 and the bill held its place on second reading.

SENATE BILL NO. 6353, by Senators Sellar and Goings; by request of Washington State Patrol

Reflecting actual working hours for disability of Washington state patrol officers.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Mitchell and Fisher spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6353.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6353 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, 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, 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 Smith - 1.

Senate Bill No. 6353, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6398, by Senators McCaslin and Winsley; by request of Secretary of State

Regulating voting system tests.

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 D. Schmidt and Scott spoke in favor of passage of the bill.

MOTION

On motion of Representative Cooper, Representatives Butler, Chopp, Cody, Kenney, Mason, Murray, Romero, Tokuda and Veloria were excused.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6398.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6398 and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, 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, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 88.

Excused: Representatives Butler, Chopp, Cody, Kenney, Mason, Murray, Romero, Smith, Tokuda and Veloria - 10.

Senate Bill No. 6398, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6421, by Senate Committee on Commerce & Labor (originally sponsored by Senators Schow, Heavey and Winsley; by request of Employment Security Department)

Revising unemployment compensation for persons with public employment contracts.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Commerce and Labor was adopted. (For committee amendment(s), see Journal, 47^th Day, February 27, 1998.)

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 Engrossed Substitute Senate Bill No. 6421, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6421, as amended by the House, and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.

Excused: Representatives Butler, Chopp, Cody, Kenney, Mason, Murray, Romero, Smith, Tokuda and Veloria - 10.

Engrossed Substitute Senate Bill No. 6421, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6439, by Senate Committee on Transportation (originally sponsored by Senators Wood, Haugen, Prince and Horn; by request of Department of Transportation)

Authorizing design-build demonstration projects.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Transportation Policy & Budget was adopted. (For committee amendment(s), see Journal, 47^th Day, February 27, 1998.)

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives K. Schmidt and Fisher spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6439, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6439, as amended by the House, and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.

Excused: Representatives Butler, Chopp, Cody, Kenney, Mason, Murray, Romero, Smith, Tokuda and Veloria - 10.

Substitute Senate Bill No. 6439, as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6441, by Senators Oke, Prince, Haugen and Winsley; by request of Department of Transportation

Clarifying procedures for environmental protection change orders in public projects.

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 Ogden spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6441.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6441 and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.

Excused: Representatives Butler, Chopp, Cody, Kenney, Mason, Murray, Romero, Smith, Tokuda and Veloria - 10.

Senate Bill No. 6441, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration of Substitute Senate Bill No. 6518 and the bill held its place on second reading.

SUBSTITUTE SENATE BILL NO. 6535, by Senate Committee on Law & Justice (originally sponsored by Senators Horn, Patterson, Haugen, Hale and Oke; by request of Washington State Patrol)

Providing for electronic transfer of criminal justice information.

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 Sheahan and Constantine spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6535.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6535 and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.

Excused: Representatives Butler, Chopp, Cody, Kenney, Mason, Murray, Romero, Smith, Tokuda and Veloria - 10.

Substitute Senate Bill No. 6535, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration of Senate Bill No. 6536 and Engrossed Senate Bill No. 6537, and the bills held their places on second reading.

SENATE BILL NO. 6604, by Senators Schow, Heavey and Horn

Allowing the department of labor and industries to exempt specified work on premanufactured electric power generation equipment from licensing requirements.

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 and Conway spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6604.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6604 and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.

Excused: Representatives Butler, Chopp, Cody, Kenney, Mason, Murray, Romero, Smith, Tokuda and Veloria - 10.

Senate Bill No. 6604, having received the constitutional majority, was declared passed.

ENGROSSED SENATE BILL NO. 6628, by Senators Benton, Finkbeiner, Anderson, Zarelli and Schow

Clarifying transportation planning.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Transportation Policy & Budget was adopted. (For committee amendment(s), see Journal, 47^th Day, February 27, 1998.)

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives K. Schmidt and Fisher spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 6628, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6628, as amended by the House, and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.

Excused: Representatives Butler, Chopp, Cody, Kenney, Mason, Murray, Romero, Smith, Tokuda and Veloria - 10.

Engrossed Senate Bill No. 6628, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6667, by Senate Committee on Government Operations (originally sponsored by Senators B. Sheldon, Winsley, Snyder, T. Sheldon, Fairley, McAuliffe, Brown, Kohl, Rasmussen, Prentice, Patterson, Haugen, Loveland, Hargrove, Kline, Franklin, Wojahn, Jacobsen and Bauer

Establishing the Washington gift of life medal.

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 D. Schmidt and Scott spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6667.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6667 and the bill passed the House by the following vote: Yeas - 87, Nays - 1, Absent - 0, Excused - 10.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, 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, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 87.

Voting nay: Representative Ballasiotes - 1.

Excused: Representatives Butler, Chopp, Cody, Kenney, Mason, Murray, Romero, Smith, Tokuda and Veloria - 10.

Substitute Senate Bill No. 6667, having received the constitutional majority, was declared passed.

SPEAKER'S PRIVILEGE

The Speaker introduced Seattle Seahawk quarterback, Warren Moon to the Chamber. Mr. Moon addressed the body.

POINT OF PERSONAL PRIVILEGE

Representative Van Luven recognized Warren Moon for his contributions to Washington both on the football field and to community service.

SPEAKER'S PRIVILEGE

The Speaker introduced the 1998 Apple Blossum Royalty, Queen Krista Berschauer and Princesses Maria Gonzalez and Alea Pappa. The Royalty addressed the body.

HOUSE BILL NO. 2947, by Representatives McMorris, Conway, Carlson, Kenney, Costa, Wood, Ogden and Gardner; by request of Employment Security Department

Revising unemployment compensation for part-time faculty.

The bill was read the second time. There being no objection, Substitute House Bill No. 2947 was substituted for House Bill No. 2947 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2947 was read the second time.

Representative McMorris moved the adoption of amendment (1036):

On page 1, after line 4, insert the following:

"NEW SECTION. Sec. 1. It is the intent of the legislature to clarify requirements related to unemployment compensation for employees at educational institutions.

The legislature finds that, unless clarified, Washington’s unemployment compensation law may be out of conformity with the federal unemployment tax act, which finding poses a significant economic risk to the state’s private employers and to the administration of the state’s unemployment insurance system. It is the intent of the legislature, by the 1998 chapter . . . amendments to RCW 50.44.050 and 50.44. 053 (sections 1 and 2 of this act), to bring Washington’s unemployment compensation law into conformity with federal law in these areas of concern.

The legislature finds that some instructional staff at the state’s educational institutions receive an appointment of employment for an indefinite period while others may face circumstances that do not provide a reasonable expectation of employment during an ensuing academic year or term.

Therefore, it is the intent of the legislature that the employment security department continue to make determinations of educational employees’ eligibility for unemployment compensation for the period between academic years or terms based on a finding of reasonable assurance that the employee will have employment for the ensuing academic year or term and that the determination in each employee’s case is made on an individual basis, consistent with federal guidelines. This determination must take into consideration contingencies that may exist in fact in an individual case. The 1998 chapter . . . amendment to RCW 50.44.053 (section 2 of this act) is not intended to change the practice used by the employment security department when determining reasonable assurance. If, during fact-finding, there is a disagreement about whether an individual has reasonable assurance, the educational institution must provide documentation that reasonable assurance exists for that individual."

On page 3, after line 15, insert the following:

"NEW SECTION. Sec. 3. 1995 c 296 s 4 (uncodified) is repealed."

Renumber the remaining sections consecutively, correct any internal references accordingly and correct the title.

Representatives McMorris and Conway spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

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

Representative Conway asked if Representative McMorris would yield to a question.

COLLOQUY

Representative Conway: Will this bill result in a significant change in the eligibility of part time community and technical college faculty members for unemployment insurance?

Representative McMorris: No. Under this bill, the Employment Security Department will continue to make individual eligibility determinations that include consideration of contingencies and their effect on assurances of future work.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2947.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2947 and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.

Excused: Representatives Butler, Chopp, Cody, Kenney, Mason, Murray, Romero, Smith, Tokuda and Veloria - 10.

Engrossed Substitute House Bill No. 2947, having received the constitutional majority, was declared passed.

The Speaker called upon Representative Robertson to preside.

HOUSE BILL NO. 1042, by Representatives Dyer, B. Thomas, Dunshee, Robertson, Grant, Thompson, Smith and Mielke

Changing the taxation of dental appliances, devices, restorations, and substitutes.

The bill was read the second time.

Representative Dyer moved the adoption of amendment (1034):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 82.04.120 and 1997 c 384 s 1 are each amended to read as follows:

"To manufacture" embraces all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different or useful substance or article of tangible personal property is produced for sale or commercial or industrial use, and shall include: (1) The production or fabrication of special made or custom made articles; and (2) the production or fabrication of dental appliances, devices, restorations, substitutes, or other dental laboratory products by a dental laboratory or dental technician.

"To manufacture" shall not include: Conditioning of seed for use in planting; cubing hay or alfalfa; or activities which consist of cutting, grading, or ice glazing seafood which has been cooked, frozen, or canned outside this state.

Sec. 2. RCW 82.08.0283 and 1997 c 224 s 1 are each amended to read as follows:

The tax levied by RCW 82.08.020 shall not apply to sales of insulin; prosthetic devices and the components thereof; dental appliances, devices, restorations, and substitutes, and the components thereof, including but not limited to full and partial dentures, crowns, inlays, fillings, braces, and retainers; orthotic devices prescribed for an individual by a person licensed under chapters 18.25, 18.57, or 18.71 RCW; hearing instruments dispensed or fitted by a person licensed or certified under chapter 18.35 RCW, and the components thereof; medicines of mineral, animal, and botanical origin prescribed, administered, dispensed, or used in the treatment of an individual by a person licensed under chapter 18.36A RCW; ostomic items; and medically prescribed oxygen, including, but not limited to, oxygen concentrator systems, oxygen enricher systems, liquid oxygen systems, and gaseous, bottled oxygen systems prescribed for an individual by a person licensed under chapter 18.57 or 18.71 RCW for use in the medical treatment of that individual. In addition, the tax levied by RCW 82.08.020 shall not apply to charges made for labor and services rendered in respect to the repairing, cleaning, altering, or improving of ((hearing instruments)) any of the items exempted under this section.

Sec. 3. RCW 82.12.0277 and 1997 c 224 s 2 are each amended to read as follows:

The provisions of this chapter shall not apply in respect to the use of insulin; prosthetic devices and the components thereof; dental appliances, devices, restorations, and substitutes, and the components thereof, including but not limited to full and partial dentures, crowns, inlays, fillings, braces, and retainers; orthotic devices prescribed for an individual by a person licensed under chapters 18.25, 18.57, or 18.71 RCW; hearing instruments dispensed or fitted by a person licensed or certified under chapter 18.35 RCW, and the components thereof; medicines of mineral, animal, and botanical origin prescribed, administered, dispensed, or used in the treatment of an individual by a person licensed under chapter 18.36A RCW; ostomic items; and medically prescribed oxygen, including, but not limited to, oxygen concentrator systems, oxygen enricher systems, liquid oxygen systems, and gaseous, bottled oxygen systems prescribed for an individual by a person licensed under chapter 18.57 or 18.71 RCW for use in the medical treatment of that individual.

NEW SECTION. Sec. 4. This act takes effect October 1, 1998."

Correct the title.

Representatives Dyer and Dunshee 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 Dunshee spoke in favor of passage of the bill.

The Speaker (Representative Robertson presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1042.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1042, and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.

Excused: Representatives Butler, Chopp, Cody, Kenney, Mason, Murray, Romero, Smith, Tokuda and Veloria - 10.

Engrossed House Bill No. 1042, having received the constitutional majority, was declared passed.

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

On motion by Representative Lisk, the House adjourned until 8:30 a.m., Wednesday, March 4, 1998.

TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker