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EIGHTEENTH DAY

MORNING SESSION

House Chamber, Olympia, Thursday, January 28, 1999

The House was called to order at 9:55 a.m. by Speaker Chopp. The Clerk called the roll and a quorum was present.

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

MESSAGE FROM THE SENATE

January 27, 1999

Mr. Speaker:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5181,

and the same is herewith transmitted.

Tony M. Cook, Secretary

INTRODUCTIONS AND FIRST READING

HB 1361 by Representatives Fortunato, O'Brien, Mulliken, Boldt, Ericksen, Campbell, Schindler, Carrell, Sheahan, Dunn, Bush, Koster, Mielke, Benson and DeBolt

AN ACT Relating to parental notification for abortions provided to minors.

Held on first reading from January 21, 1999.

HB 1474 by Representatives Gombosky, Benson, Wood, Morris, D. Sommers, Schindler, Crouse, Miloscia, Eickmeyer, Veloria, Kessler, Linville, Kenney, Hatfield, Grant, Conway, Wolfe, Hurst, Santos and Lantz

AN ACT Relating to increasing economic opportunity in economically distressed communities through the use of tax credits.

HB 1475 by Representatives Gombosky, Wood, McIntire, Miloscia, Murray, Dunshee, Eickmeyer, Veloria, Kenney, Haigh, Conway, Tokuda, Cooper and Santos

AN ACT Relating to establishing a grant program for job training.

HB 1536 by Representatives Conway and Clements; by request of Department of Licensing

AN ACT Relating to professional athletics; amending RCW 67.08.002, 67.08.050, 67.08.080, 67.08.090, 67.08.110, 67.08.120, and 67.08.160; reenacting and amending RCW 67.08.100; adding new sections to chapter 67.08 RCW; repealing RCW 67.08.007 and 67.08.060; and prescribing penalties.

Referred to Committee on Commerce & Labor.

HB 1537 by Representatives Grant, Hankins, Regala, D. Sommers and Kastama

AN ACT Relating to a local criminal justice tax that acts as a credit against the state sales and use tax; and adding a new section to chapter 82.14 RCW.

Referred to Committee on Finance.

HB 1538 by Representatives Hankins, Grant, Skinner, Wood, Linville, Mielke, Alexander, Murray and Scott

AN ACT Relating to legislative bill introductions; and adding a new section to chapter 44.04 RCW.

Referred to Committee on State Government.

HB 1539 by Representative Parlette

AN ACT Relating to medicare supplement policies; amending RCW 48.66.045; and declaring an emergency.

Referred to Committee on Health Care.

HB 1540 by Representatives D. Schmidt and Romero

AN ACT Relating to elections; and adding a new section to chapter 29.04 RCW.

Referred to Committee on State Government.

HB 1541 by Representatives D. Schmidt, Romero and McMorris

AN ACT Relating to election costs; and amending RCW 29.13.047.

Referred to Committee on State Government.

HB 1542 by Representatives Ericksen, D. Schmidt, Romero and McMorris

AN ACT Relating to the recording of surveys by a county auditor; and amending RCW 58.09.050 and 58.09.110.

Referred to Committee on Local Government.

HB 1543 by Representatives O'Brien, Ballasiotes, Kastama, Cairnes and Keiser; by request of Sentencing Guidelines Commission

AN ACT Relating to sentences for violent offenses and crimes against persons; amending RCW 9.94A.120 and 9.94A.440; and prescribing penalties.

Referred to Committee on Criminal Justice & Corrections.

HB 1544 by Representatives O'Brien, Ballasiotes, Kastama, Cairnes and Keiser; by request of Sentencing Guidelines Commission

AN ACT Relating to sentencing of offenders; amending RCW 9.94A.030, 9.94A.360, and 9.94A.400; reenacting and amending RCW 9.94A.040, 9.94A.310, 9.94A.320, and 9A.44.130; prescribing penalties; and declaring an emergency.

Referred to Committee on Criminal Justice & Corrections.

HB 1545 by Representatives Murray, Romero, McIntire, Cody and Dunshee

AN ACT Relating to authorization for public funds to be used to finance political campaigns for public office; amending RCW 42.17.128; and adding a new section to chapter 42.17 RCW.

Referred to Committee on State Government.

HB 1546 by Representatives Cody, Parlette, Doumit, Ballasiotes, Conway, D. Schmidt, Dickerson, Campbell, Wolfe, Kenney, Ogden, Radcliff, Kessler, Veloria, Ruderman, Linville, Santos, Haigh, Cooper, Miloscia, Edmonds, Keiser, Lantz, Hurst, Schual-Berke, Quall, Van Luven, Rockefeller, O'Brien, Wood, Murray, Fortunato and McIntire

AN ACT Relating to in-home care services; adding new sections to chapter 74.39A RCW; adding a new section to chapter 70.47 RCW; and creating a new section.

Referred to Committee on Health Care.

HB 1547 by Representatives Mitchell, Lantz, Thomas, Dunshee, Campbell, Sullivan, Bush, Kastama, Conway, Scott, Regala, Miloscia, Fisher, McDonald and Huff

AN ACT Relating to local retail sales and use tax for zoo and aquariums; adding a new section to chapter 82.14 RCW; adding a new section to chapter 36.29 RCW; and adding new sections to chapter 36.01 RCW.

Referred to Committee on Local Government.

HB 1548 by Representatives G. Chandler, Linville, Mastin and Koster

AN ACT Relating to industrial reclaimed water; amending RCW 90.46.010, 90.46.120, and 90.14.140; and adding new sections to chapter 90.46 RCW.

Referred to Committee on Agriculture & Ecology.

HB 1549 by Representatives G. Chandler, Linville, Mastin, Schoesler, Koster and Fortunato

AN ACT Relating to extending deadlines prescribed as conditions in water rights permits; and amending RCW 90.03.320.

Referred to Committee on Agriculture & Ecology.

HB 1550 by Representatives G. Chandler, Fisher, K. Schmidt and Hankins

AN ACT Relating to extending the negotiation period for the Milwaukee Road corridor franchise agreement; amending RCW 43.51.112, 43.51.1121, 43.51.113, and 43.51.114; amending 1996 c 129 s 11 (uncodified); providing contingent expiration dates; and declaring an emergency.

Referred to Committee on Transportation.

HB 1551 by Representatives G. Chandler and Linville

AN ACT Relating to fees for licenses regarding agricultural commodities; and amending RCW 22.09.050 and 22.09.055.

Referred to Committee on Agriculture & Ecology.

HB 1552 by Representatives Delvin, Constantine, McDonald, Murray, Bush, Scott, Lambert, Hatfield, Radcliff, Poulsen, Ballasiotes, Mastin, Mitchell, Kenney and Conway; by request of Washington State Patrol

AN ACT Relating to vehicular assault; and amending RCW 46.61.522.

Referred to Committee on Criminal Justice & Corrections.

HB 1553 by Representatives Murray, Radcliff, Hatfield, Delvin and Poulsen; by request of Washington State Patrol

AN ACT Relating to recovery of penalties for commercial vehicle violations; and amending RCW 46.32.100.

Referred to Committee on Judiciary.

HB 1554 by Representatives Murray, McDonald, Constantine, Mitchell, Dickerson, Ballasiotes, Scott, Radcliff, Poulsen and Romero; by request of Washington State Patrol

AN ACT Relating to high-occupancy vehicle lane violations; and amending RCW 46.61.165.

Referred to Committee on Transportation.

HB 1555 by Representatives McDonald, Murray, Delvin, Romero, Ballasiotes, Scott, Hatfield, Bush, Poulsen, Mastin, Constantine and Mitchell; by request of Washington State Patrol

AN ACT Relating to criminal history records; and amending RCW 10.97.030 and 10.98.050.

Referred to Committee on Judiciary.

HB 1556 by Representatives Hatfield, Bush, Romero, McDonald, Dickerson, Ballasiotes, Scott, Radcliff, Poulsen, Delvin, Constantine, Mastin and Murray; by request of Washington State Patrol

AN ACT Relating to reporting of deaths or injuries from fire; and amending RCW 48.48.065.

Referred to Committee on Local Government.

HB 1557 by Representatives Romero, McDonald, Bush, Dickerson, Mulliken, Scott, Radcliff, Hatfield, Delvin and Poulsen; by request of Washington State Patrol

AN ACT Relating to membership on the state building code council; and amending RCW 19.27.070.

Referred to Committee on State Government.

HB 1558 by Representatives Mitchell, Hatfield, McDonald, Poulsen, Bush, Constantine and Radcliff; by request of Washington State Patrol

AN ACT Relating to release of impounded vehicles; and amending RCW 46.55.120.

Referred to Committee on Transportation.

HB 1559 by Representatives Fortunato, Murray and McDonald; by request of Washington State Patrol

AN ACT Relating to transportation of explosives; and repealing RCW 46.37.460.

Referred to Committee on Transportation.

HB 1560 by Representatives McMorris, Scott, Ballasiotes, Mitchell, Romero, Dickerson, McDonald, Poulsen, Bush, Constantine, Fortunato and Murray; by request of Forensic Investigation Council

AN ACT Relating to the state toxicology laboratory; amending RCW 43.103.010, 43.103.020, 43.103.030, 43.103.090, 43.43.670, and 68.50.107; reenacting and amending RCW 66.08.180; and creating a new section.

Referred to Committee on State Government.

HB 1561 by Representatives Schoesler, Grant, McMorris, Mastin, G. Chandler, Lisk, Parlette, Mulliken, Delvin and Cox

AN ACT Relating to tires on farm machinery; and amending RCW 46.37.420.

Referred to Committee on Transportation.

HB 1562 by Representatives Scott, Mulliken and G. Chandler

AN ACT Relating to the adoption of regulations by airport operators for airport rental, use, and collection of charges; and amending RCW 14.08.122.

Referred to Committee on Transportation.

HB 1563 by Representatives Linville, G. Chandler, Grant, Sump, Stensen, B. Chandler, Reardon, Schoesler, Anderson, Delvin, Cooper, Quall, Wood, Eickmeyer, Morris, Rockefeller, Cox, Kenney, Conway, O'Brien, Murray and Regala

AN ACT Relating to the safe foods initiative at Washington State University; adding a new section to chapter 28B.30 RCW; creating a new section; and making appropriations.

Referred to Committee on Agriculture & Ecology.

HB 1564 by Representatives Morris, Linville, Stensen, G. Chandler, Grant, Wood, Anderson, Cooper, Sump, Doumit, Ogden, Rockefeller, Kenney, Conway, O'Brien, Murray, Hurst and Regala

AN ACT Relating to international marketing of agricultural products; adding a new section to chapter 43.23 RCW; and making appropriations.

Referred to Committee on Agriculture & Ecology.

HB 1565 by Representatives Veloria, Cairnes, G. Chandler, Clements, Dunshee, Ogden, Rockefeller, Kenney, O'Brien, Wood, Murray, Santos, Hurst, McIntire and Regala

AN ACT Relating to providing business and occupation tax credits to businesses that provide assistance to qualified first-time home buyers; adding a new section to chapter 82.04 RCW; and adding a new section to chapter 43.180 RCW.

Referred to Committee on Economic Development, Housing & Trade.

HB 1566 by Representatives Miloscia, Hatfield, Veloria, Cairnes, Tokuda, Clements, Dunshee, Ogden, Thomas, Benson and McIntire

AN ACT Relating to consumer credit card information; and adding new sections to chapter 63.14 RCW.

Referred to Committee on Financial Institutions & Insurance.

HB 1567 by Representative Benson

AN ACT Relating to protecting children and others from persons convicted of felonies or sex offenses; and amending RCW 26.10.100 and 74.15.130.

Referred to Committee on Children & Family Services.

HB 1568 by Representatives Benson, Sheahan, Crouse, Sullivan, Boldt and D. Sommers

AN ACT Relating to support obligations of physical custodians; and amending RCW 74.20.065.

Referred to Committee on Judiciary.

HB 1569 by Representatives Keiser, Talcott, Schual-Berke, Carlson, Quall and Regala

AN ACT Relating to improving mathematics proficiency; adding a new section to chapter 28A.300 RCW; and creating a new section.

Referred to Committee on Education.

HB 1570 by Representatives Kenney, Van Luven, Veloria, Edmonds, Skinner, Lovick, Sullivan, Gombosky, Wood and McIntire

AN ACT Relating to funding for the rental security deposit guarantee program; and making appropriations.

Referred to Committee on Appropriations.

SSB 5181 by Senate Committee on Ways & Means (originally sponsored by Senators Loveland, West, Brown and Winsley; by request of Governor Locke)

Making fiscal year 1999 supplemental operating appropriations.

Referred to Committee on Appropriations.

MOTION

On motion of Representative Kessler, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated, and House Bill No. 1474 and House Bill No. 1475 were referred to the Committee on Economic Development, Housing and Trade.

REPORTS OF STANDING COMMITTEES

January 26, 1999

HB 1023 Prime Sponsor, Representative H. Sommers: Sharing extraordinary investment gains in the teachers' retirement system plan 3. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; Sommers, Democratic Co-Chair; Alexander, Republican Vice Chair; Doumit, Democratic Vice Chair; Schmidt, Republican Vice Chair; Barlean; Benson; Boldt; Carlson; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Lambert; Linville; McIntire; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sullivan; Tokuda and Wensman.

Voting yea: Representatives Huff, H. Sommers, Alexander, Doumit, D. Schmidt, Barlean, Benson, Boldt, Carlson, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Lambert, Linville, McIntire, McMorris, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Tokuda and Wensman.

Excused: Representative(s) Kenney, Kessler, Lisk, Mastin and Mulliken.

Passed to Rules Committee for Second Reading.

January 26, 1999

HB 1031 Prime Sponsor, Representative Radcliff: Exempting community radio stations from property taxation. Reported by Committee on Finance

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Democratic Co-Chair; Thomas, Republican Co-Chair; Carrell, Republican Vice Chair; Reardon, Democratic Vice Chair; Cairnes; Conway; Dickerson; Pennington; Santos and Veloria.

MINORITY recommendation: Without recommendation. Signed by Representative Van Luven.

Voting yea: Representatives Dunshee, Thomas, Carrell, Reardon, Cairnes, Conway, Dickerson, Pennington, Santos and Veloria.

Voting nay: Representative(s) Van Luven.

Excused: Representative(s) Sheahan.

Passed to Rules Committee for Second Reading.

January 25, 1999

HB 1061 Prime Sponsor, Representative K. Schmidt: Modifying provisions concerning the freight mobility strategic investment board. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Fisher, Democratic Co-Chair; K. Schmidt, Republican Co-Chair; Cooper, Democratic 1^st Vice Chair; Edwards, Democratic 2^nd Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; G. Chandler; Fortunato; Haigh; Hatfield; Hurst; Lovick; Mielke; Mitchell; Ogden; Pflug; Radcliff; Romero; Schindler; Schual-Berke; Scott; Skinner and Wood.

Voting yea: Representatives Fisher, Schmidt, K, Cooper, Edwards, Ericksen, Hankins, G. Chandler, Fortunato, Haigh, Hatfield, Hurst, Lovick, Mielke, Mitchell, Ogden, Pflug, Radcliff, Romero, Schindler, Schual-Berke, Scott, Skinner and Wood.

Excused: Representative(s) Buck, DeBolt, McDonald, Morris, and Murray.

Passed to Rules Committee for Second Reading.

January 25, 1999

HB 1212 Prime Sponsor, Representative Eickmeyer: Extending certain drivers' licenses for out-of-state licensees. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed byRepresentatives Fisher, Democratic Co-Chair; K. Schmidt, Republican Co-Chair; Cooper, Democratic 1^st Vice Chair; Edwards, Democratic 2^nd Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; G. Chandler; DeBolt; Fortunato; Haigh; Hatfield; Hurst; Lovick; McDonald; Mielke; Mitchell; Ogden; Pflug; Radcliff; Romero; Schindler; Schual-Berke; Scott; Skinner and Wood.

Voting yea: Representatives Fisher, Schmidt, K, Cooper, Edwards, Ericksen, Hankins, G. Chandler, DeBolt, Fortunato, Haigh, Hatfield, Hurst, Lovick, McDonald, Mielke, Mitchell, Ogden, Pflug, Radcliff, Romero, Schindler, Schual-Berke, Skinner and Wood.

Excused: Representative(s) Buck, Morris, Murray, and Scott.

Passed to Rules Committee for Second Reading.

MOTION

On motion of Representative Kessler, 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 eleventh order of business.

MOTION

On motion of Representative Kessler, the House adjourned until 10:00 a.m., Friday, January 29, 1999.

RESIGNATION OF REPRESENTATIVE SHEAHAN

January 27, 1999

The Honorable Gary Locke

Office of the Governor

Legislative Building

P.O. Box 40002

Olympia, WA 98504-0002

Dear Governor Locke:

I am hereby submitting my resignation as State Representative, 9^th Legislative District, Postion 1, effective at noon, January 28, 1999.

Sincerely,

Larry Sheahan

MESSAGE FROM 9^TH DISTRICT COUNTY COMMISSIONERS

JOINT SESSION OF THE BOARDS OF COUNTY COMMISSIONERS

OF THE 9^TH LEGISLATIVE DISTRICT

PURSUANT TO

ARTICLE 11 SECTION 15 AMENDMENT 32

OF THE WASHINGTON STATE CONSTITUTION

CERTIFICATION OF APPOINTMENT

for the

9^TH LEGISLATIVE DISTRICT

HOUSE OF REPRESENTATIVES

Due to the midterm Appointment of the Honorable Larry Sheahan as Senator for the 9^th Legislative District of the State of Washington, and pursuant to Article 11, Section 15, Amendment 32 of the Constitution of the State of Washington, the Boards of County Commissioners for the Counties of Adams, Asotin, Spokane and Whitman, met in joint session on the 25^th day of January, 1999, in Whitman County, for the purpose of appointing a district resident nominee to fill the House of Representatives position vacated by Mr. Larry Sheahan.

In attendant were: the Honorable Bill Wills, W.L."Bill" Schlagel and Jeffery W. Stevens, Commissioners for Adams County; the Honorable Don Scheibe, James Fuller and Gordon Reed, Commissioners for Asotin County; the Honorable John Roskelley, Kate McCaslin and Phil Harris, Commissioners for Spokane County; and the Honorable Hollis Jamison, Nora Mae Keifer and Les Wigen, Commissioners for Whitman County.

Nora Mae Keifer, Commissioner for Whitman County was elected Chairperson for the joint session and by the rules adopted is authorized on behalf of all the County Commissioners to certify the results of the meeting.

I, Nora Mae Keifer, the elected Chairperson for the joint session of the Boards of County Commissioners of the 9^th Legislative District of the State of Washington, hereby certify that by majority vote DON COX is appointed to the Washington State House of Representatives for the 9^th Legislative District, effective upon the resignation of Mr. Larry Sheahan due to his appointment to the Washington State Senate.

Dated the 26^th day of January, 1999.

Nora Mae Keifer, Chairperson

SWEARING IN CEREMONY

At 12:15 p.m., in the presence of witnesses, Chief Justice Richard Guy swore Don Cox in as State Representative from the 9^th Legislative District, Position 1.

TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker

DEAN R. FOSTER, Chief Clerk FRANK CHOPP, Speaker

1023

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

1031

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

1061

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

1212

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

1361

Introduced, Held on First Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1474

First Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

1475

First Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

1536

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1537

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1538

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1539

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1540

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1541

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1542

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1543

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1544