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SIXTY-SIXTH DAY

MORNING SESSION

House Chamber, Olympia, Wednesday, March 17, 1999

The House was called to order at 9:00 a.m. by Speaker Chopp. 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 Joshua Easterson and Jenna Marlowe. Prayer was offered by James Parker, Executive Director, State Investment Board.

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

RESOLUTION

HOUSE RESOLUTION NO. 99-4655, by Representatives Murray, Delvin, McMorris, Schindler, Constantine, Cody, Buck, O'Brien, Wolfe, Dickerson, Mastin, Gombosky, Miloscia, Kenney, Kagi, Schual-Berke, Ogden, Romero, Dunn, Dunshee, Lovick, Morris, Veloria, Wood, Sullivan, Edmonds, Fisher, Mulliken, Van Luven, Clements, G. Chandler, D. Schmidt, Parlette, Benson, Mitchell, K. Schmidt, Campbell, Pflug and Skinner

WHEREAS, The celebration of our Irish heritage and spiritual roots occurs annually on Saint Patrick's Day when we enjoy songs, pipe music, limericks and tales, watch for leprechauns, search for four-leaf clovers, march in parades, and pinch people who fail to wear green; and

WHEREAS, The first Saint Patrick's Day parade was held by General George Washington and his troops during the Revolutionary War; and

WHEREAS, A sixteen year old British youth named Patricius was kidnapped by roving Irish brigands at the beginning of the fifth century A.D., torn from the Roman civitas, and transported to the bleak ards of Antrim where he was enslaved as a sheepherder by a local chieftain known as Miliucc; and

WHEREAS, During six years of dreary captivity, starvation, and depravation, the youth Patricius tended flocks and began to follow the Christian religion of his parents with constant prayer; and

WHEREAS, Upon hearing a voice telling him that his hungers as a slave would be rewarded and he would return home, Patricius began a journey that would lead him from Ireland, back to his parent's home in Britain, to study for the priesthood in Gaul, and finally to return to his true home in Ireland as an ordained priest and bishop where his spiritual life had begun; and

WHEREAS, Patricius brought Christianity to Ireland with a message of love, spoke out fervently against slavery and violence, and became the beloved Saint Patrick;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor Saint Patrick, his rich message of love, the Irish people, and all the smiling Irish eyes.

Representative Murray moved adoption of the resolution.

Representatives Murray, Delvin, O'Brien, Van Luven, Schindler, Edwards, Fortunato, Doumit, Benson and Wood spoke in favor of the adoption of the resolution.

House Resolution No. 99-4655 was adopted.

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

SECOND READING

HOUSE JOINT MEMORIAL NO. 4001, by Representatives O'Brien, Clements, Doumit, Ballasiotes, Lovick, Sheahan, Anderson, Wensman, Dickerson, DeBolt, Conway, Alexander, Tokuda, Grant, Skinner, Scott, McMorris, Regala, Wood, Constantine, Kessler, Stensen, Carrell, Bush, Kenney, Carlson, Barlean, Hurst, Lantz, Ogden, Mitchell, Campbell, H. D. Sommers Schmidt, Dunn, Santos, Edmonds, Esser and McIntire

Petitioning Congress to reinstate income tax deduction for state sales tax.

The memorial was read the second time.

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

Representatives O'Brien and Thomas spoke in favor of passage of the memorial.

MOTION

On motion of Representative Wolfe, Representatives H. Sommers and Scott were excused.

Speaker Chopp stated the question before the House to be final passage of House Joint Memorial No. 4001.

ROLL CALL

The Clerk called the roll on the final passage of House Joint Memorial No. 4001 and the memorial passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

Excused: Representatives Scott and H. Sommers - 2.

House Joint Memorial No. 4001, having received the constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4010, by Representatives G. Chandler, Grant, Mastin, Linville, Clements, Lisk, Delvin, B. Chandler, Cox, Schoesler, Sump, Mitchell, Huff, McDonald, Mulliken, McMorris, Kessler, Buck, Reardon, Hatfield, Radcliff, D. Sommers, Edwards, Thomas, Ogden, Bush, Hankins, Skinner, Koster and Dunn

Requesting the federal government not to breach dams on the Columbia or Snake rivers.

The memorial was read the second time. There being no objection, Substitute House Joint Memorial No. 4010 was substituted for House Joint Memorial No. 4010 and the substitute memorial was placed on the second reading calendar.

Substitute House Joint Memorial No. 4010 was read the second time.

Representative Sump moved the adoption of amendment (122):

On page 3, line 17, after "that" strike all material through "stocks." on line 24 and insert ", despite substantial analysis by the scientific community to determine the biological benefit of breaching dams, there continue to be conflicting scientific views. Therefore, we ask that the federal government not consider breaching dams on the main stem of the Columbia or Snake river because of those conflicting views and the adverse economic and transportation effects breaching these dams would have on the region."

Representatives Sump, Wood and Cox spoke in favor of the adoption of the amendment.

The amendment was adopted.

The memorial was ordered engrossed.

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

Representatives G. Chandler and Grant spoke in favor of passage of the memorial.

Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute House Joint Memorial No. 4010.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Joint Memorial No. 4010 and the memorial passed the House by the following vote: Yeas - 88, Nays - 8, Absent - 0, Excused - 2

Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Edmonds, Edwards, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Kagi, Keiser, Kessler, Koster, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McMorris, Miloscia, Mitchell, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Quall, Radcliff, Reardon, Regala, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Speaker Ballard and Speaker Chopp - 88.

Voting nay: Representatives Anderson, Constantine, Dickerson, Hurst, Kenney, McIntire, Poulsen and Rockefeller - 8.

Excused: Representatives Scott and H. Sommers - 2.

Engrossed Substitute House Joint Memorial No. 4010, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1448, by Representatives Linville, G. Chandler, Cooper, Ericksen, Anderson and Morris

Allowing the department of ecology to assume primary responsibility for the cleanup of state aquatic lands.

The bill was read the second time. There being no objection, Substitute House Bill No. 1448 was substituted for House Bill No. 1448 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1448 was read the second time.

Representative Campbell moved the adoption of amendment (126):

On page 2, line 2, after "intent" insert "to establish a pilot program in Bellingham Bay"

On page 2, after line 27, insert the following:

"NEW SECTION. Sec. 2. A new section is added to chapter 79.90 RCW to read as follows:

(1) State agencies, local governments, and private entities are currently involved in a process of baywide cleanup of contaminated sediments in Bellingham Bay. The department shall make a decision on the cleanup and disposal of Bellingham Bay sediments according to the provisions of this act no later than July 1, 1999. The department shall not make sediment cleanup and disposal decisions that would affect state-owned aquatic lands in any other bay, harbor, or water body than Bellingham Bay.

(2) The department shall report to the legislature on the decision making process for cleanup of contaminated sediments in Bellingham Bay no later than December 1, 1999. The report to the legislature shall summarize the alternatives analyzed, and, if the department’s decision is to dispose of contaminated sediments on state-owned aquatic land, the report shall describe why this remedial action is the most environmentally protective option among those analyzed. The report shall also describe the positions and concerns of all of the entities participating in the Bellingham Bay cleanup on cleanup and disposal of contaminated sediments. The report shall also describe the institution controls and financing mechanisms that have been established to provide for the long-term maintenance of any disposal site or sites on state-owned aquatic land.

(3) The provision of this act apply only to the pilot project for the cleanup of contaminated sediments in Bellingham Bay."

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

On page 2, after line 29, insert the following:

"(1) This section applies only to the selection of a preferred cleanup and disposal alternative in Bellingham Bay."

Renumber the remaining subsections consecutively and correct internal references accordingly.

On page 6, after line 2, insert the following:

"NEW SECTION. Sec. 5. 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."

Representative Campbell, Carrell and Campbell (again) spoke in favor of the adoption of the amendment.

Representatives Linville, G. Chandler, Morris and Linville (again) spoke against the adoption of the amendment.

Division was demanded. Speaker Chopp divided the House. The results of the division was 23-YEAS; 74-NAYS.

The amendment was not adopted.

Representative Campbell moved the adoption of amendment (127):

On page 3, line 6, after "lands" strike "only" and insert ", whether"

On page 3, line 7, after "site" strike ", or" and insert "or elsewhere, only"

Representative Campbell spoke in favor of the adoption of the amendment.

Representatives Linville and G. Chandler spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Campbell moved the adoption of amendment (128):

On page 3, line 18, strike "affected state agencies,"

On page 3, line 19, after "governments" insert ",and shall seek concurrence with affected state agencies"

Representative Campbell spoke in favor of the adoption of the amendment.

Representatives Linville and G. Chandler spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Campbell moved the adoption of amendment (129):

On page 3, after line 21, insert the following:

"(4) If the department of ecology, in exercising its regulatory authority to require cleanup of contaminated sediments, chooses a remedial action or concurs with an action required under the federal comprehensive environmental response, compensation, and liability act of 1980 (42 U.S.C. 9601 et seq.) that requires the use of state-owned aquatic land for containment or disposal of sediments, or for mitigation of habitat, the department shall develop a management plan for the disposal site that includes the following:

(a) Provisions for the monitoring, active management, and maintenance of disposal sites; and

(b) A mechanism of financial assurance, such as an insurance policy or bond, that provides sufficient financial resources from those potentially liable parties disposing of contaminated sediments in the site to indemnify the state from liability associated with the disposal of contaminated sediments on state-owned aquatic land.

(5) The department shall retain the services of a risk assessor or insurance underwriter to estimate the amount of financial assurance necessary to indemnify the state from liability, and shall develop a fee schedule or other payment schedule that allows each contributor of contaminated sediments to the state-owned aquatic disposal site, except for the state of Washington, to pay a proportional share of such assurance."

Renumber the remaining subsections consecutively and correct internal references accordingly

Representative Campbell, Campbell (again) and Rockefeller spoke in favor of the adoption of the amendment.

Representatives Linville, G. Chandler, Morris and Linville (again) spoke against the adoption of the amendment.

POINT OF ORDER

Representative Lisk asked Speaker Chopp to instruct the members on not impugning the motives of other members.

SPEAKER'S RULING

Speaker Chopp found that Representative Lisk's point was well taken and instructed the members to review House Rule 17H regarding floor debate.

Division was demanded. Speaker Chopp divided the House. The results of the division was 34-YEAS; 64-NAYS.

The amendment was not adopted.

There being no objection, amendment 130 was withdrawn.

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

Representatives Linville, Morris, and Ericksen spoke in favor of passage of the bill.

Representatives Campbell and Rockefeller spoke against passage of the bill.

Speaker Chopp stated the question before the House to be final passage of Substitute House Bill No. 1448.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1448 and the bill passed the House by the following vote: Yeas - 71, Nays - 27, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Boldt, Buck, Bush, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Edwards, Eickmeyer, Ericksen, Esser, Fortunato, Grant, Hankins, Hatfield, Huff, Kagi, Kastama, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Lovick, Mastin, McDonald, McMorris, Miloscia, Mitchell, Morris, Mulliken, O'Brien, Parlette, Pennington, Pflug, Quall, Radcliff, Reardon, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 71.

Voting nay: Representatives Barlean, Benson, Cairnes, Campbell, Constantine, Dunshee, Edmonds, Fisher, Gombosky, Haigh, Hurst, Kenney, Lantz, McIntire, Mielke, Murray, Ogden, Poulsen, Regala, Rockefeller, Romero, Thomas, Tokuda, Van Luven, Veloria, Wensman and Wolfe - 27.

Substitute House Bill No. 1448, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1893, by Representatives Doumit, Mulliken, Scott, Linville and Hatfield

Revising provisions regulating permit issuance.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1893 was substituted for House Bill No. 1893 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 1893 was read the second time.

Representative Doumit moved the adoption of amendment (099):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that facilitating the environmental permit process will increase citizen satisfaction and compliance with state and local permit requirements. Lack of coordination in the processing of permit applications causes costly delays and frustration to the applicant. The public deserves a clear, predictable system for land-use decisions. The legislature also finds that permit issuance can be expedited by requiring state agencies and local jurisdictions to coordinate their permit processes.

Sec. 2. RCW 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each amended to read as follows:

The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations:

(1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.

(2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.

(3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans.

(4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.

(5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.

(6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.

(7) Permits. ((Applications for both)) State and local government permit((s)) agencies should ((be processed)) coordinate and process permits in a timely and fair manner to ensure predictability for applicants.

(8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.

(9) Open space and recreation. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.

(10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.

(11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.

(12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.

(13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.

NEW SECTION. Sec. 3. A new section is added to chapter 90.48 RCW to read as follows:

(1) This section applies to the issuance of all new permits under this chapter except permits issued pursuant to RCW 90.48.215, 90.48.220, and 90.48.260.

(2) Except as otherwise provided in subsection (3) of this section, the department shall issue a final permit determination based on a project permit application within sixty days after the department notifies the applicant that the application is complete. In determining the number of days that have elapsed after the department has notified the applicant that the application is complete, the following periods shall be excluded:

(a)(i) Any period during which the applicant has been requested by the department to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the department notifies the applicant of the need for additional information until the earlier of the date the department determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the department.

(ii) If the department determines that the information submitted by the applicant under (a)(i) of this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under (a)(i) of this subsection shall apply as if a new request for studies had been made;

(b) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed; and

(3) The time limits established by subsection (2) of this section do not apply if a project permit application is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under section 4 of this act.

(4) Until July 1, 2000, if the department is unable to issue a final permit determination within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the final permit determination. On and after July 1, 2000, if the department is unable to issue a final permit determination within the time limits provided for in this section, the applicant is deemed to have received a temporary permit. The department shall provide written notice to the project applicant that the applicant is deemed to have a temporary permit and may discharge waste materials as proposed in the permit application.

(5)(a) Temporary permits issued under this section remain fully effective and enforceable based on the information submitted as part of the completed application to discharge waste materials.

(b) Temporary permits shall be valid for no more than five years and shall continue in force until:

(i) The effective date of a permit issued by the department; or

(ii) The temporary permit is revoked by the department.

(i) There is an unreported change in the nature or character of the wastes being discharged; or

(ii) If the department determines that the continued discharge as authorized by the temporary permit will pollute the waters of the state in violation of state or federal standards adopted under this chapter.

(6) Beginning July 1, 1999, the department shall track the number of permits issued within sixty days, the number of approvals issued after the sixty-day timeline, the number of denials, the number of requests for information, and the number of applications that are withdrawn.

(7) This section applies to project permit applications filed on or after July 1, 1999.

NEW SECTION. Sec. 4. A new section is added to chapter 90.48 RCW to read as follows:

(1) This section applies to the issuance of all new permits pursuant to RCW 90.48.215, 90.48.220, and 90.48.260.

(2) Except as otherwise provided in subsection (3) of this section, the department shall issue a final permit determination on a project permit application within one hundred twenty days after the department notifies the applicant that the application is complete, except when federal law requires otherwise, as provided in section 5 of this act. In determining the number of days that have elapsed after the department has notified the applicant that the application is complete, the following periods shall be excluded:

(b) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed; and

(4) If the department is unable to issue a final permit determination within the time limits specified in this section, the department shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the final permit determination.

(5) Beginning July 1, 1999, the department shall track the number of permits issued within one hundred twenty days, the number of approvals issued after the one hundred twenty-day timeline, the number of denials, the number of requests for information, and the number of applications that are withdrawn.

(6) This section applies to project permit applications filed on or after July 1, 1999.

NEW SECTION. Sec. 5. A new section is added to chapter 90.48 RCW to read as follows:

(1) Within twenty-eight days after receiving a new project permit application, the department shall mail or provide in person a written determination to the applicant, stating either:

(a) That the application is complete; or

(b) That the application is incomplete and what is necessary to make the application complete.

(2) A project permit application is complete for purposes of this section when it: (a) Meets the procedural submission requirements of the department; (b) has a threshold determination under chapter 43.21C RCW for either a determination of nonsignificance or a mitigated determination of nonsignificance or has a completed final environmental impact statement; (c) meets procedural and substantive requirements of federal law if applicable; and (d) is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently.

(3) Within fourteen days after an applicant has submitted to the department additional information identified by the department as being necessary for a complete application, the department shall notify the applicant whether the application is complete or what additional information is necessary.

(4) The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.

(5) For purposes of determining time limits in sections 3 and 4 of this act, an application shall be deemed complete under this section if the department does not provide a written determination to the applicant that the application is incomplete as provided in subsections (1)(b) and (3) of this section.

Sec. 6. RCW 90.48.215 and 1989 c 293 s 1 are each amended to read as follows:

(1) The following definition shall apply to this section: "Upland finfish hatching and rearing facilities" means those facilities not located within waters of the state where finfish are hatched, fed, nurtured, held, maintained, or reared to reach the size of release or for market sale. This shall include fish hatcheries, rearing ponds, spawning channels, and other similarly constructed or fabricated public or private facilities.

(2) Not later than September 30, 1989, the department shall adopt standards pursuant to chapter 34.05 RCW for waste discharges from upland finfish hatching and rearing facilities. In establishing these standards, the department shall incorporate, to the extent applicable, studies conducted by the United States environmental protection agency on finfish rearing facilities and other relevant information. The department shall also issue a general permit as authorized by the federal clean water act, 33 U.S.C. 1251 et seq., or RCW 90.48.160 by September 30, 1989, for upland finfish hatching and rearing facilities. Except as provided in section 4 of this act, the department shall approve or deny applications for coverage under the general permit for upland finfish hatching and rearing facilities within one hundred ((eighty)) twenty days ((from the date of application)) after the department notifies the applicant that the application is complete according to section 5 of this act, except when federal law requires otherwise or unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW. The department shall notify applicants for coverage by a general permit as soon as it determines that a proposed discharge meets or fails to comply with the standards or general permit conditions set forth pursuant to this section, or that a time period longer than one hundred ((eighty)) twenty days is necessary to satisfy public participation requirements or the state environmental policy act.

Sec. 7. RCW 90.48.220 and 1993 c 296 s 1 are each amended to read as follows:

(1) For the purposes of this section "marine finfish rearing facilities" means those private and public facilities located within the salt water of the state where finfish are fed, nurtured, held, maintained, or reared to reach the size of release or for market sale.

(2) Not later than October 31, 1994, the department shall adopt criteria under chapter 34.05 RCW for allowable sediment impacts from organic enrichment due to marine finfish rearing facilities.

(3) Not later than June 30, 1995, the department shall adopt standards under chapter 34.05 RCW for waste discharges from marine finfish rearing facilities. In establishing these standards, the department shall review and incorporate, to the extent possible, studies conducted by state and federal agencies on waste discharges from marine finfish rearing facilities, and any reports and other materials prepared by technical committees on waste discharges from marine finfish rearing facilities. Except as provided in section 4 of this act, the department shall approve or deny discharge permit applications for marine finfish rearing facilities within one hundred ((eighty)) twenty days ((from the date of application)) after the department notifies the applicant that the application is complete according to section 5 of this act, except when federal law requires otherwise or unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW. The department shall notify applicants as soon as it determines that a proposed discharge meets or fails to comply with the standards adopted pursuant to this section, or if a time period longer than one hundred eighty days is necessary to satisfy public participation requirements of the state environmental policy act.

(4) The department may adopt rules to exempt marine finfish rearing facilities not requiring national pollutant discharge elimination system permits under the federal water pollution control act from the discharge permit requirement.

Sec. 8. RCW 58.17.095 and 1986 c 233 s 1 are each amended to read as follows:

(1) A county, city, or town may adopt an ordinance providing for the administrative review of a preliminary plat without a public hearing ((by adopting an ordinance providing for such administrative review)). The ordinance may specify a threshold number of lots in a subdivision above which a public hearing must be held, and may specify other factors which necessitate the holding of a public hearing. ((The administrative review process shall include the))

(2) If the county, city, or town has not adopted consolidated permitting procedures and time frames as provided in chapter 36.70B RCW, it shall conduct administrative review of preliminary plats consistent with the following minimum conditions:

(((1))) (a) The notice requirements of RCW 58.17.090 shall be followed, except that the publication shall be made within ten days of the filing of the application. Additionally, at least ten days after the filing of the application notice both shall be: (((a))) (i) Posted on or around the land proposed to be subdivided in at least five conspicuous places designed to attract public awareness of the proposal; and (((b))) (ii) mailed to the owner of each lot or parcel of property located within at least three hundred feet of the site. The applicant shall provide the county, city, or town with a list of such property owners and their addresses. The notice shall include notification that no public hearing will be held on the application, except as provided by this section. The notice shall set out the procedures and time limitations for persons to require a public hearing and make comments.

(((2))) (b) Any person shall have a period of twenty days from the date of the notice to comment upon the proposed preliminary plat. All comments received shall be provided to the applicant. The applicant has seven days from receipt of the comments to respond thereto.

(((3))) (c) A public hearing on the proposed subdivision shall be held if any person files a request for a hearing with the county, city, or town within twenty-one days of the publishing of such notice. If such a hearing is requested, notice requirements for the public hearing shall be in conformance with RCW 58.17.090, and the ninety-day period for approval or disapproval of the proposed subdivision provided for in RCW 58.17.140 shall commence with the date of the filing of the request for a public hearing. Any hearing ordered under this subsection shall be conducted by the planning commission or hearings officer as required by county or city ordinance.

(((4))) (d) On its own initiative within twenty-one days of the filing of the request for approval of the subdivision, the governing body, or a designated employee or official, of the county, city, or town, shall be authorized to cause a public hearing to be held on the proposed subdivision within ninety days of the filing of the request for the subdivision.

(((5))) (e) If the public hearing is waived as provided in this section, the planning commission or planning agency shall complete the review of the proposed preliminary plat and transmit its recommendation to the legislative body as provided in RCW 58.17.100.

(3) If the county, city, or town has adopted consolidated permitting procedures and time frames as provided in chapter 36.70B RCW, it may conduct administrative review of preliminary plats consistent with its procedures and time frames. At a minimum, local permitting procedures and time frames related to administrative review of preliminary plats shall provide for:

(a) Notice of application by publication, posting, and mailing. All forms of notice shall include a prominent statement that no public hearing will be held on the application, except as provided by this section. All forms of notice shall clearly state procedures and time frames for persons to make comments on the proposal and request a public hearing.

(b) Written comments on the application by any person. Comments received shall be provided to the applicant, and the applicant shall be provided seven days from receipt of the comments to respond thereto.

(c) A public hearing on the application if any person files a request for a hearing within the time frame specified. If a hearing is requested, notice requirements for the public hearing and the time frame for approval or disapproval of the application shall be consistent with other local permitting procedures. Any hearing conducted under this subsection shall be conducted by the planning commission or hearing officer as required by local ordinance.

(d) A public hearing on the application if the legislative or executive branch of the county, city, or town so requests within the time frame specified.

(e) Expedited agency review and transmittal of its recommendation on the application to the legislative body of the county, city, or town, if there is no request for public hearing.

NEW SECTION. Sec. 9. A new section is added to chapter 75.20 RCW to read as follows:

The department shall develop a pilot project to authorize the issuance of hydraulic permits by a county. Upon authorization, the county shall issue permits according to the department's rules. The county receiving authorization may impose fees to cover the costs of permit processing, except that no fees may be imposed for fish habitat restoration projects permitted under RCW 75.20.350. Such authorization agreement shall contain provisions for effective monitoring and enforcement of hydraulic permits. The department shall not delegate rule-making authority in the pilot program. The department shall report the results of the pilot project to the legislature by December 31, 2000. This section expires June 30, 2001.

Sec. 10. RCW 90.60.010 and 1995 c 347 s 601 are each amended to read as follows:

The legislature hereby finds and declares:

(1) Washington's environmental protection programs have established strict standards to reduce pollution and protect the public health and safety and the environment. The single-purpose programs instituted to achieve these standards have been successful in many respects, and have produced significant gains in protecting Washington's environment in the face of substantial population growth.

(2) Continued progress to achieve the environmental standards in the face of continued population growth will require greater coordination between the single-purpose environmental programs and more efficient operation of these programs overall. Pollution must be prevented and controlled and not simply transferred to another media or another place. This goal can only be achieved by maintaining the current environmental protection standards and by greater integration of the existing programs.

(3) As the number of environmental laws and regulations have grown in Washington, so have the number of permits required of business and government. This regulatory burden has significantly added to the cost and time needed to obtain essential permits in Washington. The increasing number of individual permits and permit authorities has generated the continuing potential for conflict, overlap, and duplication between the various state, local, and federal permits.

(4) The purpose of this chapter is to institute new, efficient procedures that will assist businesses and public agencies in complying with the environmental quality laws in an expedited fashion, without reducing protection of public health and safety and the environment.

(5) Those procedures need to provide a permit process that promotes effective dialogue and ensures ease in the transfer and clarification of technical information, while preventing duplication. It is necessary that the procedures establish a process for preliminary and ongoing meetings between the applicant, the coordinating permit agency, and the participating permit agencies, but do not preclude the applicant or participating permit agencies from individually coordinating with each other.

(6) It is necessary, to the maximum extent practicable, that the procedures established in this chapter ensure that the coordinated permit agency process and applicable permit requirements and criteria are integrated and run concurrently, rather than consecutively.

(7) It is necessary to provide a reliable and consolidated source of information concerning federal, state, and local environmental and land use laws and procedures that apply to any given proposal.

(8) It is the intent of this chapter to provide an optional process by which a project proponent may obtain active coordination of all applicable regulatory and land-use permitting procedures. This process is not to replace individual laws, or diminish the substantive decision-making role of individual jurisdictions. Rather it is to provide predictability, administrative consolidation, and, where possible, consolidation of appeal processes.

(9) It is also the intent of this chapter to provide consolidated, effective, and easier opportunities for members of the public to receive information and present their views about proposed projects.

(10) It is also the intent of this chapter to provide a forum for the resolution of significant issues related to the permitting and authorization of projects that are proposed on state-owned aquatic lands. "Aquatic lands" have the meaning provided in RCW 79.90.010. The inability of state government to speak with one voice is a source of great frustration for project applicants. Projects on state-owned aquatic lands can bring existing conflicts between statutory and regulatory authorities, and between state agency missions and policies, into sharper focus. It is a goal of this chapter to encourage all agencies and local governments that authorize projects on state-owned aquatic lands to accept full and equal responsibility for project review, and to resolve conflicts among state agency authorities, missions, and policies wherever possible. It is also the intent of this chapter that all permitting or authorizing federal and state agencies, local governments, and tribal governments be involved in identifying and resolving issues related to permits or authorizations from the outset of any review process, that these agencies and governments respect the legitimacy of the missions and mandates of other agencies and governments, and that they reach consensus on environmental review of projects.

(11) The legislature finds that the coordination of a process to analyze permitting issues, and to resolve interagency disputes related to the permitting of projects, is a natural outgrowth of the original duties of the permit assistance center.

Sec. 11. RCW 90.60.020 and 1995 c 347 s 602 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Center" means the permit assistance center established in the ((commission [department])) department by RCW 90.60.030.

(2) "Coordinating permit agency" means the permit agency that has the greatest overall jurisdiction over a project.

(3) "Department" means the department of ecology.

(4) "Local government" means counties, cities, and towns.

(5) "Participating permit agency" means a permit agency, or a state agency or local government other than the coordinating permit agency, that is responsible for the issuance of a permit or use authorization for a project.

(((5))) (6) "Parties" collectively means the coordinating permit agency, permit agency, and participating permit agency.

(7) "Permit" means any license, certificate, registration, permit, or other form of use authorization required by a permit agency to engage in a particular activity.

(((6))) (8) "Permit agency" means:

(a) The department of ecology, an air pollution control authority, the department of natural resources, the department of fish and wildlife, and the department of health; and

(b) Any other state or federal agency or county, city, or town that participates at the request of the permit applicant and upon the agency's agreement to be subject to this chapter.

(((7))) (9) "Project" means an activity, the conduct of which requires permits from one or more permit agencies.

(10) "Use authorization" means a lease, material purchase, easement, permit, or other document authorizing use of state-owned aquatic lands and/or materials.

NEW SECTION. Sec. 12. A new section is added to chapter 90.60 RCW to read as follows:

The center shall establish regional center offices at four department regional or field offices to provide better access to the center's services in all areas of the state.

Sec. 13. RCW 90.60.030 and 1997 c 429 s 35 are each amended to read as follows:

(1) The permit assistance center is established within the department. The center shall:

(((1))) (a) Publish and keep current one or more handbooks containing lists and explanations of all permit laws. To the extent possible, the handbook shall include relevant local, state, federal, and tribal laws. A state agency or local government shall provide a reasonable number of copies of application forms, statutes, ordinances, rules, handbooks, and other informational material requested by the center and shall otherwise fully cooperate with the center. The center shall seek the cooperation of relevant federal agencies and tribal governments;

(((2))) (b) Establish, and make known, a point of contact for distribution of the handbook and advice to the public as to its interpretation in any given case;

(((3))) (c) Work closely and cooperatively with the business license center in providing efficient and nonduplicative service to the public;

(((4))) (d) Seek the assignment of employees from the permit agencies ((listed under RCW 90.60.020(6)(a))) as defined in this chapter to serve on a rotating basis in staffing the center;

(((5))) (e) Collect and disseminate information to public and private entities on federal, state, local, and tribal government programs that rely on private professional expertise to assist governmental agencies in project permit review; and

(((6))) (f) Provide ((an annual)) a biennial report to the legislature ((on potential conflicts and perceived inconsistencies among existing statutes. The first report shall be submitted to the appropriate standing committees of the house of representatives and senate by December 1, 1996.)) that:

(i) Includes statutory and other recommendations for streamlining and coordinating environmental permitting in Washington;

(ii) Summarizes the results of the center's efforts to measure performance and outcomes over time;

(iii) Summarizes, evaluates, and makes statutory and other recommendations for improving the center's and permitting agencies' efforts to provide public notice efficiently and for promoting effective public participation in permitting processes;

(iv) Details efforts on the part of the center, the department, and the parties to promote the public's trust and confidence in the permitting process. Examples of such efforts include, but are not limited to, the development of statutory and other policies and procedures, guidance, roles, and responsibilities; and

(v) Shows revenues generated by the center's services, and the center's budget and expenditures.

(2) The department shall prioritize the expenditure of general fund moneys allotted to the center to provide a set of services to the applicants of small projects.

Sec. 14. RCW 90.60.100 and 1995 c 347 s 610 are each amended to read as follows:

(1) The ((coordinating permit agency)) parties may enter into a written cost-reimbursement agreement with the applicant to recover from the applicant the reasonable costs incurred by the ((coordinating permit agency)) parties in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing.

(2) The ((coordinating permit agency may recover only the costs of performing those coordinated permit services and)) written cost-reimbursement agreement shall be negotiated with the permit applicant ((in)) following the meeting required pursuant to RCW 90.60.070. Permit agencies may assign work to current staff, temporary staff, or technical consultants in order to carry out the work covered by the written cost-reimbursement agreement or the work remaining for the permit agency as a result of the coordinated permit process. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments.

NEW SECTION. Sec. 15. A new section is added to chapter 90.60 RCW to read as follows:

(1) The permit assistance center shall work in collaboration with local governments and state agencies to jointly develop and coordinate an integrated permit process. By December 1, 1999, the permit assistance center shall report on the progress of the center and others to develop an integrated permit process.

(2) At a minimum, the integrated permit process developed according to this section shall consist of:

(a) One or more preapplication conferences that:

(i) Include the applicant, the project coordinator, the local permit facilitator, and the permit assistance center acting as state permit facilitator;

(ii) Discuss options for project design and for land use, environmental review, and permitting;

(iii) Identify potential permitting agencies, permits, schedules, and costs; and

(iv) Identify a potential project team that includes representatives of the applicant and relevant local and state permitting agencies;

(b) A determination of completeness of the project application provided by the permitting agencies or jurisdictions to the applicant within a determined time frame after receipt of requested supplementation that includes both a determination of completeness issued by the municipality, according to its local permit review process, and determinations of completeness issued by the state permitting agencies;

(i) Is achieved by negotiation among the applicant and the various permitting agencies;

(ii) Results in an integrated schedule keyed to the longest notice and public hearing requirement;

(iii) Includes negotiations for cost recovery arrangements for permitting agencies; and

(iv) Uses an integrated record of decision;

(d) An integrated review that includes:

(i) Issuance of threshold determination under chapter 43.21C RCW;

(ii) Public notice that describes the project, the permits, the applicable regulations, and any preliminary determinations; lists and gives the location of documents and studies; describes public comment, hearing, and appeal processes; and sets out the schedule; and

(iii) An integrated public hearing held in the municipality;

(e) Coordination of local appeals and state appeals; and

(f) An integrated decision.

NEW SECTION. Sec. 16. A new section is added to chapter 90.60 RCW to read as follows:

(1) State permitting agencies shall participate in developing the integrated permit process, including the integrated public hearing, and use the integrated record of decision.

(2) State permitting agencies shall review procedures for developing an integrated state appeal procedure, which would utilize the integrated record of decision.

NEW SECTION. Sec. 17. A new section is added to chapter 90.60 RCW to read as follows:

(1) A joint aquatic resource permit application form may be obtained from the permit assistance center when a project is proposed for the use of state-owned aquatic lands managed by the department of natural resources, and one or more permits are required from state and local governments. Upon receipt of a completed application as defined under RCW 36.70B.070, the center shall identify the permits and use authorizations necessary for project approval. If the project requires two or more permits from state or local permitting agencies and a use authorization from the department of natural resources, the center shall coordinate a review process and notify the appropriate aquatic resource agencies, which shall become participating agencies as defined in this chapter for purposes of application review.

(2) The following state agencies and local governments are considered aquatic resource agencies for purposes of this section and, if notified of their status as participating agencies, shall be required to participate in the review of any proposal for which an applicant has submitted a complete form as defined in subsection (1) of this section: The department of natural resources, the department of ecology, the department of fish and wildlife, the local government in whose jurisdiction the project is proposed, and any port district or other local political subdivision requiring a use authorization for the project. In addition, federal agencies and tribal governments that will require a permit or a use authorization for the project shall each be invited to name a representative to participate in the joint aquatic resource permit review process. All participating agencies, including state agencies, and local governments shall be involved in such review process from the outset.

(3) The permit assistance center shall coordinate a meeting of the parties to identify the issues of concern to each participant with regard to the proposed project and a strategy for resolving the permitting and authorizing processes. Participating agencies shall undertake a review process not to exceed thirty days. This review process shall not delay the decision time frames under RCW 36.70B.090.

(a) During this review, the participating agencies shall identify:

(i) The specific issues of concern to each participant with regard to the proposed project;

(ii) The significance of each issue and its impact on the permitting or authorizing decision, including whether permits or authorizations are likely to be denied based on any specific issues;

(iii) Potential reasons why the proposed project should or should not be permitted or provided with a use authorization;

(iv) Any statutory and regulatory conflicts that arise from the permitting or authorization of the project;

(v) Any state or local jurisdiction liability that may result from permitting or authorizing the project; and

(vi) Any environmental impacts, including federal or state listed species that may be impacted by the permitting or authorizing decision.

(b) Following this review, the outcome shall be documented in written form and approved by each of the participating agencies. The center shall publish public notice and provide a written notice to the applicant.

(c) Upon completion of this review, permitting and authorizing agencies and governments shall proceed according to statutorily defined decision time frames.

(d) If a project that has had a threshold determination under chapter 43.21C RCW for either a determination of nonsignificance or a mitigated determination of nonsignificance has not received all required permits or authorizations within six months of receipt of a completed application, the project applicant or the participating agencies may request that the center retain a facilitator, mediator, or arbitrator to resolve the remaining disputes. The center shall be reimbursed for the costs of these processes. The costs shall be shared equally by the participating agencies and the project applicant. In addition, the appropriate committees of the legislature shall be notified.

(e) If a project that requires a final environmental impact statement under chapter 43.21C RCW, has not received all required permits or authorizations within nine months of receipt of a completed application, the project applicant or the participating agencies may request that the center retain a facilitator, mediator, or arbitrator to resolve the remaining disputes. The center shall be reimbursed for the costs of these processes. The costs shall be shared equally by the participating agencies and the project applicant. In addition, the appropriate committees of the legislature shall be notified.

(f) The following periods shall be excluded from the time periods specified in (d) and (e) of this subsection:

(i) Any period during which the applicant has been requested by an agency to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the agency notifies the applicant of the need for additional information until the earlier of the date the agency determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the department. If the agency determines that the information submitted by the applicant under this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures of this subsection shall apply as if a new request for studies had been made;

(ii) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed;

(iii) Any period during which the project is undergoing a threshold determination under chapter 43.21C RCW for either a determination of nonsignificance or a mitigated determination of nonsignificance, or any period during which an environmental impact statement is being prepared following a determination of significance under chapter 43.21C RCW; and

(iv) Any extension of time mutually agreed upon by the applicant and the agencies.

NEW SECTION. Sec. 18. A new section is added to chapter 47.01 RCW to read as follows:

The legislature recognizes that the department is working to develop a programmatic approach and general permits with state and federal agencies to address project and maintenance impacts under the federal endangered species act and the federal clean water act. The legislature supports the department's efforts in this regard and encourages the department to work collaboratively with local governments when negotiating and developing these programmatic permits and to provide local governments with opportunity to participate in this process to the extent practicable.

The department shall report by December 1st of each year to the legislature the status of any programmatic permits developed under this section.

NEW SECTION. Sec. 19. The following acts or parts of acts are each repealed:

(1) RCW 43.131.387 (Permit assistance center--Termination) and 1995 c 347 s 617; and

(2) RCW 43.131.388 (Permit assistance center--Repeal) and 1995 c 347 s 618.

NEW SECTION. Sec. 20. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1999, in the omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 21. A new section is added to chapter 43.30 RCW to read as follows:

The legislature encourages the department to develop a programmatic approach and general permits with state and federal agencies to address impacts under the federal endangered species act and the federal clean water act. The legislature also encourages the department to work collaboratively with local governments when negotiating and developing these programmatic permits to the extent practicable.

The department shall report by December 1st of each year to the legislature the status of any programmatic permits developed under this section.

NEW SECTION. Sec. 22. A new section is added to chapter 43.300 RCW to read as follows:

The department shall report by December 1st of each year to the legislature the status of any programmatic permits developed under this section.

NEW SECTION. Sec. 23. A new section is added to chapter 43.21A RCW to read as follows:

The department shall report by December 1st of each year to the legislature the status of any programmatic permits developed under this section.

NEW SECTION. Sec. 24. The permit assistance center shall terminate June 30, 2003.

NEW SECTION. Sec. 25. Section 19 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Correct the title.

Representative Mulliken moved the adoption of amendment (136) to amendment (099):

On page 10, line 34 of the amendment, after "county" insert "with a population greater than one million five hundred thousand people"

On page 10, line 38 of the amendment, after "RCW 75.20.350" insert ", and no fees may be imposed for monitoring or enforcing hydraulic permits"

On page 10, beginning on line 38 of the amendment, after "75.20.350." strike "Such authorization" and insert "The"

On page 11, line 1 of the amendment, after "agreement" insert "between the department and the county"

Representatives Mulliken and Doumit spoke in favor of the adoption of the amendment.

The amendment to the amendment was adopted.

Representative Mastin moved the adoption of amendment (138) to amendment (099):

On page 11, line 5 of the amendment, after "2001." insert "This section shall not apply to activities and areas covered by chapter 76.09 RCW."

Representatives Mastin and Doumit spoke in favor of the adoption of the amendment.

The amendment to the amendment was adopted.

Representative Mastin moved the adoption of amendment (139) to amendment (099):

On page 12, line 34 of the amendment, after "authorizing" strike all material through "governments" on line 35 and insert "state agencies, and local governments"

Representatives Mastin and Doumit spoke in favor of the adoption of the amendment.

The amendment to the amendment was adopted.

Representatives Mulliken, Doumit, Mastin and Linville spoke in favor of the adoption of the amendment (099) as amended.

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 Doumit and Mulliken spoke in favor of passage of the bill.

Speaker Chopp stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1893.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1893 and the bill passed the House by the following vote: Yeas - 78, Nays - 20, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Conway, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fortunato, Grant, Haigh, Hankins, Hatfield, Huff, Kagi, Kastama, Keiser, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McMorris, Mielke, Miloscia, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Pflug, Quall, Radcliff, Reardon, Rockefeller, Ruderman, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sump, Talcott, Thomas, Van Luven, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 78.

Voting nay: Representatives Anderson, Barlean, Cody, Constantine, Cooper, Fisher, Gombosky, Hurst, Kenney, McIntire, Morris, Murray, Ogden, Poulsen, Regala, Romero, Santos, Sullivan, Tokuda and Veloria - 20.

Engrossed Second Substitute House Bill No. 1893, having received the constitutional majority, was declared passed.

There being no objection, the House deferred action on House Bill No. 1464, and the bill held its place on the second reading calendar.

HOUSE BILL NO. 1493, by Representatives Tokuda, Boldt, Edwards, Lovick, Veloria, O'Brien, Barlean, Ogden, Conway, Schual-Berke, Murray, Dickerson, Kenney, Regala, Cooper, Stensen, Cody, Anderson, Santos, Rockefeller, Kagi, Edmonds, Lantz and Wood

Establishing a collaborative effort to address the housing needs of homeless children and their families.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1493 was substituted for House Bill No. 1493 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 1493 was read the second time.

There being no objection, amendments 114, 117, 125, 115, and 116 were withdrawn.

Representative Tokuda moved the adoption of amendment (132):

On page 2, line 1, after "organizations." insert "It is the intent of the legislature that the department of community, trade, and economic development and the department of social and health services jointly present the plan to the appropriate committees of the legislature as required in section 3 of this act."

On page 2, line 8, after "budgets." insert "Nothing in this act is intended to prevent the court’s review of the plan developed by the department of social and health services and the department of community, trade, and economic development under Washington State Coalition for the Homeless v. Department of Social and Health Services, King County Superior Court No. 91-2-15889-4. However, it is the intent of the legislature that the court’s review in that proceeding be confined solely to review of the plan submitted under the order of February 4, 1998. Nothing in this act is intended to grant the court continuing review over the department of social and health services after the effective date of this act."

On page 2, line 20, after "develop" strike "and administer" and insert ", administer, supervise, and monitor"

On page 2, line 33, after "(3)" strike all material through "(4)" on page 3, line 3

On page 3, line 34, after "than" strike "August 13, 1999" and insert "September 1, 1999"

On page 3, line 34, after "plan" strike "every two years thereafter" and insert "and submit it to the appropriate committees of the legislature by January 1^st of every odd-numbered year through 2007"

On page 4, line 7, after "for" strike "collecting and analyzing" and insert "the ongoing collection and analysis of"

Representatives Tokuda, Boldt and H. Sommers 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 Tokuda and Boldt spoke in favor of passage of the bill.

POINT OF PERSONAL PRIVILEGE

Representative Tokuda thanked all the people and groups who assisted in the creation and passage of this legislation.

Speaker Chopp stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1493.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1493 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.

Engrossed Second Substitute House Bill No. 1493, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1832, by Representatives Ogden, Thomas, Lantz, Cairnes, Keiser, Carlson, Talcott, H. Sommers, Lambert, Dunshee, Quall, O'Brien, Cody, Dunn, Santos, Schual-Berke, Lovick, Edmonds, Wood, Haigh, Rockefeller, Conway, Stensen, Dickerson, Tokuda, Kessler, Hurst and Esser

Authorizing the use of nonvoter-approved debt for school construction and repair.

The bill was read the second time.

There being no objection, amendment 040 was withdrawn.

Representative Alexander moved the adoption of amendment (088):

On page 1, line 9, after "to" strike all material down through "debt" on line 10 and insert "finance the acquisition, remodel and repair of school facilities"

On page 1, line 15, after "RCW 28A.530.010" insert " (1), (2), (4), and (5)"

Representative Alexander 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 Ogden and Thomas spoke in favor of passage of the bill.

Speaker Chopp stated the question before the House to be final passage of Engrossed House Bill No. 1832.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1832, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.

Engrossed House Bill No. 1832, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1960, by Representatives Cairnes, Reardon, Huff, Linville, Carrell, Campbell, Mulliken, O'Brien and Koster

Revising laws impacting retailer tax collection and remittance.

The bill was read the second time. There being no objection, Substitute House Bill No. 1960 was substituted for House Bill No. 1960 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1960 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 Cairnes and Reardon spoke in favor of passage of the bill.

Speaker Chopp stated the question before the House to be final passage of Substitute House Bill No. 1960.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1960 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.

Substitute House Bill No. 1960, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1963, by Representatives Koster, Dunshee, O'Brien, Anderson, G. Chandler, Sump, Dunn, B. Chandler and Mulliken

Allowing the rebuilding of a farmhouse in a floodway under certain circumstances.

The bill was read the second time. There being no objection, Substitute House Bill No. 1963 was substituted for House Bill No. 1963 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1963 was read the second time.

Representative Dunshee moved the adoption of amendment (109):

On page 2, line 17, after "floodways" insert: "and which are located on lands designated as agricultural lands of long-term commercial significance under RCW 36.70A.170"

Representatives Dunshee and Koster spoke in favor of the adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

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

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

Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1963.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1963 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.

Engrossed Substitute House Bill No. 1963, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2079, by Representatives Regala, Buck, Eickmeyer, Anderson, Rockefeller, Romero, Veloria and Keiser

Promoting salmon recovery.

The bill was read the second time. There being no objection, Substitute House Bill No. 2079 was substituted for House Bill No. 2079 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2079 was read the second time.

Representative Regala moved the adoption of amendment (123):

On page 1, after the enacting clause, insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 75.46 to read as follows:

"The legislature finds that it is important to monitor the overall health of the salmon resource to determine if recovery efforts are providing expected returns. It is also important to monitor the effectiveness of the state’s overall salmon recovery efforts to secure federal acceptance of the state’s approach to salmon recovery. In addition, it is important to monitor salmon restoration projects to determine their effectiveness. Adaptive management cannot exist without monitoring. For these reasons, the legislature believes that a coordinated and integrated monitoring process should be developed in the salmon recovery office for use by local recovery efforts. The role of the salmon recovery office should be to develop and provide to entities involved in salmon recovery data quality objectives, a range of acceptable parameters to monitor, acceptable data formats, data calibration and coordination, a method of storing and retrieving data, and analysis and interpretation of data. The role of local recovery efforts should be to collect monitoring data in compliance with the recommended data quality objectives, parameters, and formats, and to provide such data to the state salmon recovery office for storage."

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

On page 3,after line 29, insert the following:

"(5) The independent science panel, in conjunction with the salmon recovery office, shall recommend standardized monitoring indicators and data quality guidelines for use by entities involved in salmon recovery activities across the state. The panel shall also recommend electronic formats that will allow data to be provided to the state salmon recovery office for storage and to be shared across the state in a salmon monitoring network.

(5) State salmon monitoring data provided by lead entities, regional fisheries enhancement groups, and others, shall be included in the salmon and steelhead inventory and assessment project.

(6) The independent science panel, in conjunction with the salmon recovery office, shall also recommend criteria for the systematic and periodic evaluation of monitoring data in order for the state to be able to answer critical questions about the effectiveness of the state’s salmon recovery efforts.

(7) The recommendations on monitoring as required in this section shall be provided in a report to the governor and to the legislature by the independent science panel, in conjunction with the salmon recovery office, no later than December 31, 2000. The report shall also include recommendations on the level of effort needed to sustain monitoring of salmon projects and other recovery efforts, and any other recommendations on monitoring deemed important by the independent science panel, in conjunction with the salmon recovery office."

Renumber the remaining subsection consecutively and correct internal references accordingly.

Representatives Regala and Buck spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Mastin moved the adoption of amendment (135):

On page 5, line 31, after "ecology," insert "the department of natural resources,"

Representatives Mastin and Regala spoke in favor of the adoption of the amendment.

The amendment was adopted.

There being no objection, amendments 101 and 124 were withdrawn.

Representative Clements moved the adoption of amendment (131):

On page 7, line 26, after "shall" strike "serve as the lead entity for the Yakima river basin" and insert "add nine representatives to its membership as provided in this subsection and serve as the lead entity for the Yakima river basin. The county legislative authorities from Yakima, Kittitas, and Benton counties shall each appoint a member from their respective county legislative authority to serve on the lead entity. Each of these three county legislative authorities shall also appoint a general citizen representative of their respective county as a representative on the lead entity. The cities within Yakima, Kittitas, and Benton counties shall jointly designate a single city representative on the lead entity. The water supply utilities, as defined in RCW 90.82.020, within Yakima, Kittitas, and Benton counties shall jointly designate a single utility representative on the lead entity. After the members of the lead entity have been appointed, the members of the lead entity shall choose an environmental representative on the lead entity. Any vacancies on the lead entity shall be filled in the manner as the initial appointment"

On page 7, line 32, after "75.46.080." insert "Before the habitat project list is transmitted to the interagency review team, the lead entity may re-rank the priorities for individual projects established by the committee under RCW 75.46.060."

Representatives Clements and Regala 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 Regala and Buck spoke in favor of passage of the bill.

Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2079.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2079 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.

Engrossed Substitute House Bill No. 2079, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2090, by Representatives Clements, Lisk, Reardon, Cooper, McMorris, Talcott, B. Chandler and Gombosky

Modifying and sunsetting provisions related to sellers of travel.

The bill was read the second time. There being no objection, Substitute House Bill No. 2090 was substituted for House Bill No. 2090 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2090 was read the second time.

Representative Clements moved the adoption of amendment (091):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 19.138.030 and 1996 c 180 s 2 are each amended to read as follows:

A seller of travel shall not advertise that any travel services are or may be available unless he or she has, prior to the advertisement, determined that the product advertised was available at the time the advertising was placed. This determination can be made by the seller of travel either by use of an airline computer reservation system, or by written confirmation from the vendor whose program is being advertised.

It is the responsibility of the seller of travel to keep written or printed documentation of the steps taken to verify that the advertised offer was available at the time the advertising was placed. These records are to be maintained for at least ((two)) one year((s)) after the placement of the advertisement.

Sec. 2. RCW 19.138.040 and 1996 c 180 s 3 are each amended to read as follows:

At or prior to the time of full or partial payment for any travel services, the seller of travel shall furnish to the person making the payment a written statement conspicuously setting forth the information contained in subsections (1) through (6) of this section. However, if ((the sale of travel services is made over the telephone or by other electronic media and payment is made by credit or debit card)) payment is made other than in person, the seller of travel shall transmit to the person making the payment the written statement required by this section within three business days of ((the consumer's credit or debit card authorization)) receipt or processing of the payment. The written statement shall contain the following information:

(1) The name and business address and telephone number of the seller of travel.

(2) The amount paid, the date of such payment, the purpose of the payment made, and an itemized statement of the balance due, if any.

(3) The registration number of the seller of travel required by this chapter.

(4) The name of the vendor with whom the seller of travel has contracted to provide travel arrangements for a consumer and all pertinent information relating to the travel as known by the seller of travel at the time of booking. The seller of travel will make known further details as soon as received from the vendor. All information will be provided with final documentation.

(5) ((The conditions, if any, upon which the contract between the seller of travel and the passenger may be canceled, and the rights and obligations of all parties in the event of cancellation.)) An advisory regarding the penalties that would be charged in the event of a cancellation or change by the customer. This may contain either: (a) The specific amount of cancellation and change penalties; or (b) the following statement: "Cancellation and change penalties apply to these arrangements. Details will be provided upon request."

(6) A statement in eight-point boldface type in substantially the following form:

"If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date."

Sec. 3. RCW 19.138.100 and 1996 c 180 s 4 are each amended to read as follows:

No person, firm, or corporation may act or hold itself out as a seller of travel unless, prior to engaging in the business of selling or advertising to sell travel services, the person, firm, or corporation registers with the director under this chapter and rules adopted under this chapter.

(1) The registration number must be conspicuously posted in the place of business and must be included in all advertisements. ((Any corporation which issues a class of equity securities registered under section 12 of the securities exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by such corporation including any wholly owned subsidiary of such corporation are not required to include company registration numbers in advertisements.)) Sellers of travel are not required to include registration numbers on institutional advertising. For the purposes of this subsection, "institutional advertising" is advertising that does not include prices or dates for travel services.

(2) The director shall issue duplicate registrations upon payment of a ((nominal)) duplicate registration fee to valid registration holders operating more than one office. The duplicate registration fee for each office shall be an amount equal to the original registration fee.

(3) No registration is assignable or transferable.

(4) If a registered seller of travel sells his or her business, when the new owner becomes responsible for the business, the new owner must comply with all provisions of this chapter, including registration.

(5) If a seller of travel is employed by or under contract as an independent contractor or an outside agent of a seller of travel who is registered under this chapter, the employee, independent contractor, or outside agent need not also be registered if:

(a) The employee, independent contractor, or outside agent is conducting business as a seller of travel in the name of and under the registration of the registered seller of travel; and

(b) All money received for travel services by the employee, independent contractor, or outside agent is collected in the name of the registered seller of travel and ((deposited directly into)) processed by the registered seller of ((travel's trust account)) travel as required under this chapter.

Sec. 4. RCW 19.138.120 and 1994 c 237 s 5 are each amended to read as follows:

(1) Each seller of travel shall renew its registration on or before July 1 of every ((other)) year or as otherwise determined by the director.

(2) Renewal of a registration is subject to the same provisions covering issuance, suspension, and revocation of a registration originally issued.

(3) The director may refuse to renew a registration for any of the grounds set out under RCW 19.138.130, and where the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry out the applicant's duties in accordance with law and with integrity and honesty. The director shall promptly notify the applicant in writing by certified mail of its intent to refuse to renew the registration. The registrant may, within twenty-one days after receipt of that notice or intent, request a hearing on the refusal. The director may permit the registrant to honor commitments already made to its customers, but no new commitments may be incurred, unless the director is satisfied that all new commitments are completely bonded or secured to insure that the general public is protected from loss of money paid to the registrant. It is the responsibility of the registrant to contest the decision regarding conditions imposed or registration denied through the process established by the administrative procedure act, chapter 34.05 RCW.

Sec. 5. RCW 19.138.130 and 1997 c 58 s 852 are each amended to read as follows:

(1) The director may deny, suspend, or revoke the registration of a seller of travel if the director finds that the applicant:

(a) Was previously the holder of a registration issued under this chapter, and the registration was revoked for cause and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not been fulfilled;

(b) Has been found guilty of a felony within the past ((five)) ten years involving moral turpitude, or of a misdemeanor concerning fraud or conversion, or suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion;

(d) Has violated this chapter or failed to comply with a rule adopted by the director under this chapter;

(e) Has failed to display the registration as provided in this chapter;

(f) Has published or circulated a statement with the intent to deceive, misrepresent, or mislead the public; or

(g) Has committed a fraud or fraudulent practice in the operation and conduct of a travel agency business, including, but not limited to, intentionally misleading advertising.

(2) If the seller of travel is found in violation of this chapter or in violation of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment or by settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the registration at the director's discretion.

(3) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

Sec. 6. RCW 19.138.140 and 1996 c 180 s 7 are each amended to read as follows:

(1) A seller of travel shall deposit in a trust account maintained in a federally insured financial institution located in Washington state, or other account approved by the director, all sums held for more than five business days that are received from a person or entity, for retail travel services offered by the seller of travel. This subsection does not apply to travel services sold by a seller of travel, when payments for the travel services are made through the airlines reporting corporation ((either by cash or credit or debit card sale)).

(2) The trust account or other approved account required by this section shall be established and maintained for the benefit of any person or entity paying money to the seller of travel. The seller of travel shall not in any manner encumber the amounts in trust and shall not withdraw money from the account except the following amounts may be withdrawn at any time:

(a) Partial or full payment for travel services to the entity directly providing the travel service;

(b) Refunds as required by this chapter;

(d) Interest earned and credited to the trust account or other approved account;

(e) Remaining funds of a purchaser once all travel services have been provided or once tickets or other similar documentation binding upon the ultimate provider of the travel services have been provided; or

(f) Reimbursement to the seller of travel for agency operating funds that are advanced for a customer's travel services.

(3) The seller of travel may deposit noncustomer funds into the trust account as needed in an amount equal to a deficiency resulting from dishonored customer payments made by check, draft, credit card, debit card, or other negotiable instrument.

(4) At the time of registration, the seller of travel shall file with the department the account number and the name of the financial institution at which the trust account or other approved account is held as set forth in RCW 19.138.110. The seller of travel shall notify the department of any change in the account number or location within one business day of the change.

(((4))) (5) The director, by rule, may allow for the use of other types of funds or accounts only if the protection for consumers is no less than that provided by this section.

(((5))) (6) The seller of travel need not comply with the requirements of this section if all of the following apply, except as exempted in subsection (1) of this section:

(a) The payment is made by credit card;

(b) The seller of travel does not deposit, negotiate, or factor the credit card charge or otherwise seek to obtain payment of the credit card charge to any account over which the seller of travel has any control; and

(c) If the charge includes transportation, the carrier that is to provide the transportation processes the credit card charge, or if the charge is only for services, the provider of services processes the credit card charges.

(((6))) (7) The seller of travel need not maintain a trust account nor comply with the trust account provisions of this section if the seller of travel:

(a)(i) Files and maintains a surety bond approved by the director in an amount of not less than ten thousand nor more than fifty thousand dollars, as determined by the director based on the volume of business conducted by the seller of travel during the prior year. The bond shall be executed by the applicant as obligor by a surety company authorized to transact business in this state naming the state of Washington as obligee for the benefit of any person or persons who have suffered monetary loss by reason of the seller of travel's violation of this chapter or a rule adopted under this chapter. The bond shall be conditioned that the seller of travel will conform to and abide by this chapter and all rules adopted under this chapter, and shall reimburse any person or persons who suffer monetary loss by reason of a violation of this chapter or a rule adopted under this chapter.

(ii) The bond must be continuous and may be canceled by the surety upon the surety giving written notice to the director of the surety's intent to cancel the bond. The cancellation is effective thirty days after the notice is received by the director.

(iii) The applicant may obtain the bond directly from the surety or through other bonding arrangement as approved by the director.

(iv) In lieu of a surety bond, the applicant may, upon approval by the director, file with the director a certificate of deposit, an irrevocable letter of credit, or such other instrument as is approved by the director by rule, drawn in favor of the director for an amount equal to the required bond.

(v) Any person or persons who have suffered monetary loss by any act which constitutes a violation of this chapter or a rule adopted under this chapter may bring a civil action in the superior court against the seller of travel and the surety upon such bond or approved alternate security of the seller of travel who committed the violation of this chapter or a rule adopted under this chapter or who employed the seller of travel who committed such violation. A civil action brought in the superior court pursuant to the provisions of this section must be filed no later than one year following the alleged violation of this chapter or a rule adopted under this chapter; or

(b) Is a member in good standing in a professional association, such as the United States tour operators association or national tour association, that is approved by the director and that provides or requires a member to provide a minimum of one million dollars in errors and professional liability insurance and provides a surety bond or equivalent protection in an amount of at least two hundred fifty thousand dollars for its member companies.

(8) If the seller of travel maintains its principal place of business in another state and maintains a trust account or other approved account in that state consistent with the requirement of this section, and if that seller of travel has transacted business within the state of Washington in an amount exceeding five million dollars for the preceding year, the out-of-state trust account or other approved account may be substituted for the in-state account required under this section.

Sec. 7. RCW 19.138.170 and 1994 c 237 s 13 are each amended to read as follows:

The director has the following powers and duties:

(1) To adopt, amend, and repeal rules to carry out the purposes of this chapter;

(2) To issue and renew registrations under this chapter and to deny or refuse to renew for failure to comply with this chapter;

(3) To suspend or revoke a registration for a violation of this chapter;

(4) To establish fees;

(5) Upon receipt of a complaint, to inspect and audit the books and records of a seller of travel. The seller of travel shall immediately make available to the director those books and records as may be requested at the seller of travel's place of business or at a location designated by the director. For that purpose, the director shall have full and free access to the office and places of business of the seller of travel during regular business hours. When ten or more complaints have been received by either the department or the attorney general on a seller of travel within a period of ninety days, the department shall inspect and audit books and records of the seller of travel; and

(6) To do all things necessary to carry out the functions, powers, and duties set forth in this chapter.

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

Correct the title.

Representatives Clements and McIntire spoke in favor of the adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

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

Representatives Clements and McIntire spoke in favor of passage of the bill.

Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2090.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2090 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.

Engrossed Substitute House Bill No. 2090, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2094, by Representatives G. Chandler and Linville

Modifying the reopening of a filing period for water rights claims.

The bill was read the second time. There being no objection, Substitute House Bill No. 2094 was substituted for House Bill No. 2094 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2094 was read the second time.

Representative G. Chandler moved the adoption of amendment (120):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 90.14 RCW to read as follows:

(1) Certain persons who submitted a water right claim form with the department between September 1, 1997, and June 30, 1998, and whose claim was rejected by the department because the department deemed the claim to be incomplete and thus not in compliance with RCW 90.14.051 may submit additional information as provided in subsection (2) of this section in support of the claim between July 1, 1999, and December 31, 1999. The persons eligible to submit additional information under this section and to receive further consideration for the registering of their claims are those who meet the following qualifications:

(a) The person checked the box labeled "other" on the water right claim form in part 12 where it asks the claimant to state the legal doctrine under which the person is claiming a water right;

(b) The premise of the person's claim of a water right for ground water is that a right to ground water was inherent in and appurtenant to the original land patent issued by the federal government at the time the person's land was severed from federal ownership. The original water right claim form submitted to the department need not have asserted this premise for the person to be qualified to receive further consideration under this section.

(2) Persons meeting the qualifications in subsection (1) of this section may submit to the department a statement that their claim to a ground water right is based on the assertion that such right accompanied the federally issued land patent for lands they now own or occupy. The claimant must also submit with his or her statement a bona fide copy of the original land patent document issued by the United States. The water right claim of a person meeting the qualifications established in this section and submitting the statement and bona fide copy of his or her land patent as required by this subsection is deemed sufficient in lieu of compliance with RCW 90.14.051 and 90.14.068 and shall be accepted for filing in the water rights claims registry by the department.

(3) This section does not apply to other claims the department rejected as ineligible for filing under RCW 90.14.068(5) or (6), for failure to submit a substantially complete statement of claim as required in RCW 90.14.051, for failure to remit the filing fee required by RCW 90.14.061, or for submitting a claim for a purpose that is exempt from the requirement to submit a claim under RCW 90.14.041. The registering of claims under this section as directed by the legislature confers upon those claims no special status or recognition and is subject to chapter 90.14 RCW as is any other claim submitted in a timely manner."

Correct the title.

Representatives G. Chandler and Reardon 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 G. Chandler and Reardon spoke in favor of passage of the bill.

Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2094.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2094 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.

Engrossed Substitute House Bill No. 2094, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2109, by Representatives Van Luven, Thomas, Dunshee, Pennington, Dunn, Cairnes, Veloria, Buck, G. Chandler and Haigh

Authorizing tax, levy, and execution exemptions for properties of Indian housing authorities for low-income housing programs.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 2109 was substituted for House Bill No. 2109 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 2109 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 Van Luven, Reardon, Carroll, Veloria, Dunn and Rockefeller spoke in favor of passage of the bill.

Speaker Chopp stated the question before the House to be final passage of Second Substitute House Bill No. 2109.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2109 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.

Second Substitute House Bill No. 2109, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2177, by Representatives Conway, Clements, Barlean and Lantz

Authorizing cities and towns to halt consideration of license applications for minicasinos.

The bill was read the second time. There being no objection, Substitute House Bill No. 2177 was substituted for House Bill No. 2177 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2177 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 Wood, Clements, McDonald, Conway, Benson and Gombosky spoke in favor of passage of the bill.

Speaker Chopp stated the question before the House to be final passage of Substitute House Bill No. 2177.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2177 and the bill passed the House by the following vote: Yeas - 77, Nays - 21, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Buck, Bush, Campbell, Carlson, Carrell, B. Chandler, Clements, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Dickerson, Dunshee, Edmonds, Edwards, Ericksen, Esser, Fortunato, Gombosky, Grant, Haigh, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Lambert, Lantz, Linville, Lovick, Mastin, McDonald, McIntire, McMorris, Miloscia, Mitchell, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Van Luven, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 77.

Voting nay: Representatives Boldt, Cairnes, G. Chandler, Cody, Delvin, Doumit, Dunn, Eickmeyer, Fisher, Hankins, Hatfield, Kessler, Koster, Lisk, Mielke, Morris, Poulsen, Quall, Thomas, Veloria and Wensman - 21.

Substitute House Bill No. 2177, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2254, by Representatives DeBolt, Ruderman, Poulsen, Crouse, Morris, Mielke, Bush, Thomas, Cooper, Reardon, Stensen, Keiser, Lantz, Fisher, McDonald, O'Brien, Lovick, Sullivan, Hurst, Santos, Hankins, Kenney, Wolfe, Ogden, Anderson, Kagi, Constantine, Dickerson, Conway, Linville, Rockefeller, Romero, Veloria, Wood, Ericksen, Edmonds, McIntire, Alexander, Mitchell, K. Schmidt and Esser

Preventing unauthorized changes to, and unauthorized billing for, telecommunication services.

The bill was read the second time. There being no objection, Substitute House Bill No. 2254 was substituted for House Bill No. 2254 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2254 was read the second time.

Representative Ruderman moved the adoption of amendment (098):

On page 2, line 1, after "freeze." strike "Account" and insert "Preferred carrier"

On page 2, line 2, after "solicitation" insert "thereof"

On page 2, line 3, after "subject to" strike "an account" and insert "a preferred carrier"

On page 2, beginning on line 4, after "which" strike "an account" and insert "a preferred carrier"

On page 2, line 7, after "customer’s" strike "local or long- distance service" and insert "telecommunications services including without limitation local exchange service, intraLATA, interLATA, intrastate toll, interstate toll, or international toll service"

On page 2, line 9, after "that are" strike "purported to be"

On page 2, line 11, after "(b)" strike the remainder of subsection (b)and insert "Bill block services. Customers may block the billing of nontelecommunication products or services or telecommunication services provided by a company other than the customer’s local exchange carrier or authorized long distance carrier. On request of bill block services by the customer, service providers that are not affiliated with the local exchange carrier shall not submit charges to the local exchange carrier for nontelecommunications products, services or nonpresubscribed intrastate or interstate toll services. For purposes of this subsection, nonpresubscribed intrastate or interstate toll services shall not include dial-around long distance or calling card services."

On page 2, line 23 after "on a" strike "consumer’s" and insert "customer’s"

On page 2, beginning on line 24, after "on the bill the" strike "business name of the company making the charge, the specific product or service being billed for, separate identification of any optional products or services," and insert "company making the charge, the specific product, service, or package of services being billed for,"

On page 2, line 30, after "in a" strike "subscriber’s" and insert "customer’s"

On page 2, line 31 strike "subscriber’s" and insert "customer’s"

On page 2, line 32, after "on a" strike "subscriber’s" and insert "customer’s"

On page 3, line 5, strike all material after "(2)" through "carrier." on line 15 and insert "The carrier that a customer contacts to report an unauthorized change, whether that entity is the customer’s local exchange company, unauthorized carrier, or the customer’s authorized carrier shall immediately take appropriate action to return the customer to his or her authorized carrier. The carrier that a customer calls to report an unauthorized change, whether that entity is the customer’s local exchange company, unauthorized carrier, or the customer’s authorized carrier is required to inform the customer that he or she is not required to pay for any unauthorized charges incurred for the first thirty days after the unauthorized charge. The unauthorized carrier shall remove charges, if any, from the customer’s bill for charges incurred within the first thirty days of the unauthorized change and any charges required to return the customer to his or her properly authorized carrier. The local exchange carrier, when serving as the billing agent, may independently carry out the provisions of this subsection."

On page 3, line 22, after "rules" insert "necessary"

On page 3, line 23, after "any" strike "other"

On page 3, line 24, after "may" strike all material through penalties:" on line 25 and insert "take one or more of the following actions:"

On page 3, line 27, after "by the" strike "subscriber" and insert "customer"

On page 3, line 28, after "to the" strike "subscriber" and insert "customer"

On page 3, line 32, after "by the" strike "subscriber" and insert "customer"

On page 3, line 34, after "Sec. 6." insert "The legislature finds that the practices covered by section 4(1)(a) of this act are matters vitally affecting the public interest for purposes of applying the consumer protection act."

Representatives Ruderman, DeBolt and Miloscia 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 Ruderman, DeBolt and Eickmeyer spoke in favor of passage of the bill.

Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2254.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2254 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.

Engrossed Substitute House Bill No. 2254, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1264, by Representatives D. Schmidt, Scott, Mulliken, Fisher, Quall, Wolfe and Schoesler

Making corrections regarding combining water-sewer districts.

SPEAKERS' RULING

Speaker Chopp: "Representative Fisher, the Speakers are prepared to rule on your scope and object request on amendment 43 to House Bill No. 1264 (For amendment, see Journal, 65^th Day, March 16, 1999).

In ruling on scope and object, the Co-Speakers reviewed the scope of the bill as expressed in its title and the object, or purpose of the substantive provisions of the bill.

The scope of House Bill No. 1264 is an act "relating to combining of sewer and water districts".

Amendment 43 extends for one year a requirement that a city obtain voter approval from the residents of a water-sewer district before assuming control of all or a portion of the district. The amendment is unrelated to the "combining" of sewer and water districts.

The Co-Speakers find that the amendment is beyond the scope and object of the bill.

Representative Fisher, your Point of Order is well taken."

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 D. Schmidt and Doumit spoke in favor of final passage of the bill.

Speaker Chopp stated the question before the House to be final passage of Engrossed House Bill No. 1264.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1264 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.

Engrossed House Bill No. 1264, having received the constitutional majority, was declared passed.

MESSAGE FROM THE SENATE

March 16, 1999

Mr. Speaker:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5029,

SUBSTITUTE SENATE BILL NO. 5050,

SUBSTITUTE SENATE BILL NO. 5059,

SENATE BILL NO. 5071,

SUBSTITUTE SENATE BILL NO. 5074,

SECOND SUBSTITUTE SENATE BILL NO. 5210,

SENATE BILL NO. 5270,

SUBSTITUTE SENATE BILL NO. 5285,

SUBSTITUTE SENATE BILL NO. 5299,

SUBSTITUTE SENATE BILL NO. 5313,

ENGROSSED SENATE BILL NO. 5330,

SUBSTITUTE SENATE BILL NO. 5349,

SUBSTITUTE SENATE BILL NO. 5378,

SUBSTITUTE SENATE BILL NO. 5430,

SUBSTITUTE SENATE BILL NO. 5465,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5480,

SUBSTITUTE SENATE BILL NO. 5492,

SUBSTITUTE SENATE BILL NO. 5518,

SENATE BILL NO. 5538,

SENATE BILL NO. 5560,

SENATE BILL NO. 5563,

ENGROSSED SENATE BILL NO. 5564,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5593,

SUBSTITUTE SENATE BILL NO. 5609,

SUBSTITUTE SENATE BILL NO. 5619,

ENGROSSED SENATE BILL NO. 5675,

ENGROSSED SENATE BILL NO. 5720,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5743,

SUBSTITUTE SENATE BILL NO. 5793,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5813,

ENGROSSED SENATE BILL NO. 5843,

ENGROSSED SENATE BILL NO. 5886,

SUBSTITUTE SENATE BILL NO. 5893,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5899,

SUBSTITUTE SENATE BILL NO. 5900,

SUBSTITUTE SENATE BILL NO. 5902,

SENATE BILL NO. 5911,

SUBSTITUTE SENATE BILL NO. 5929,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5931,

SUBSTITUTE SENATE BILL NO. 5989,

SUBSTITUTE SENATE BILL NO. 6001,

SECOND SUBSTITUTE SENATE JOINT RESOLUTION NO. 8205,

and the same are herewith transmitted.

Tony M. Cook, Secretary

There being no objection, the remaining bills listed on the Second Reading Calendar were returned to the Rules Committee.

INTRODUCTIONS AND FIRST READING

HCR 4408 by Representatives Lisk and Kessler

Adopting joint rules.

Held on first reading.

ESSB 5000 by Senate Committee on Transportation (originally sponsored by Senators Rossi, Hochstatter and Patterson)

Creating a salmon license plate.

Referred to Committee on Transportation.

ESB 5013 by Senators Prentice, Winsley, Rossi and Oke; by request of Gambling Commission

Authorizing dissemination of criminal history record information to the gambling commission.

Referred to Committee on Judiciary.

ESB 5044 by Senator Brown

Changing the membership of air pollution control authority boards of directors.

Referred to Committee on Agriculture & Ecology.

SSB 5099 by Senate Committee on Transportation (originally sponsored by Senators Haugen, Sellar, Rasmussen, Benton, Oke, Gardner, Swecker, Goings, Horn, Eide, Patterson, Morton, Prentice and Costa)

Enhancing responsibility and training of commercial vehicle enforcement officers.

Referred to Committee on Transportation.

ESSB 5268 by Senate Committee on State & Local Government (originally sponsored by Senators Kohl-Welles, Long, Jacobsen, Hale, Gardner, Rossi, Thibaudeau, Prentice, Kline, Deccio, Costa, Patterson and B. Sheldon)

Modifying provisions concerning metropolitan park districts.

Referred to Committee on Local Government.

SB 5307 by Senators Jacobsen, Swecker, Fraser and Kline; by request of Commissioner of Public Lands

Concerning reclamation of underground mine tailings.

Referred to Committee on Natural Resources.

SSB 5312 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Costa, Deccio, Winsley, Wojohn, Thibaudeau and Kohl-Welles)

Providing for the prevention of workplace violence in health care settings.

Held on first reading from March 16, 1999.

SSB 5340 by Senate Committee on Transportation (originally sponsored by Senators Haugen, Benton, Jacobsen, Oke and Gardner; by request of Utilities & Transportation Commission)

Granting the utilities and transportation commission authority to inspect businesses that ship hazardous material by rail.

Referred to Committee on Transportation.

ESSB 5424 by Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators Winsley, Fraser, Honeyford, Hochstatter, Hale, McCaslin, West and Haugen)

Allowing the use of certain commercially approved herbicides for aquatic plant management.

Referred to Committee on Agriculture & Ecology.

2SSB 5452 by Senate Committee on Ways & Means (originally sponsored by Senators Bauer, Deccio, Benton, Goings, Winsley, Rasmussen, Franklin, Eide, Zarelli, Wojahn and Hale)

Authorizing the creation of public facilities districts.

Referred to Committee on Economic Development, Housing & Trade.

SSB 5491 by Senate Committee on Labor & Workforce Development (originally sponsored by Senators Costa, Roach, Franklin, Thibaudeau, McAuliffe and Kline)

Requiring the use of apprentices in large public works projects.

Held on first reading from March 16, 1999.

SSB 5495 by Senate Committee on Ways & Means (originally sponsored by Senators Snyder and Zarelli)

Modifying a restriction on regular property tax levies.

Referred to Committee on Finance.

SB 5502 by Senator Haugen; by request of Marine Employees' Commission

Reporting the salary survey of ferry employees.

Referred to Committee on Transportation.

SSB 5510 by Senate Committee on Ways & Means (originally sponsored by Senators Oke, Swecker, Long, Sellar, Zarelli, Hochstatter, Rossi, Johnson, Morton, Hale, Stevens and West)

Using collection agencies to collect unpaid taxes.

Referred to Committee on Finance.

SB 5519 by Senators Horn, Haugen, McCaslin, Heavey and Winsley

Calculating the time limits for local project review under the growth management act.

Referred to Committee on Local Government.

E2SSB 5557 by Senate Committee on Ways & Means (originally sponsored by Senators Hargrove, Long, Costa, Patterson, Kohl-Welles, Prentice, Thibaudeau, Franklin, Snyder, Bauer, Jacobsen, Winsley, Brown, Kline and Rasmussen)

Providing residential placement and transitional living services to street youth.

Referred to Committee on Children & Family Services.

E2SSB 5595 by Senate Committee on Ways & Means (originally sponsored by Senators Jacobsen and Fraser)

Establishing the salmon recovery funding board.

Referred to Committee on Natural Resources.

SSB 5611 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Thibaudeau, Kline, Prentice, Winsley and Costa; by request of Insurance Commissioner)

Regulating medicare supplement insurance.

Referred to Committee on Health Care.

ESB 5613 by Senators Jacobsen and Fraser

Identifying a state-wide salmon recovery strategy.

Referred to Committee on Natural Resources.

ESB 5631 by Senators Wojahn, Winsley, Fairley and Costa

Increasing the amount of allowable vocational rehabilitation benefits.

Referred to Committee on Commerce & Labor.

SSB 5683 by Senate Committee on Natural Resources, Parks & Recreation (originally sponsored by Senators Jacobsen, Swecker, T. Sheldon, Oke, Fraser, Eide, Rossi and Winsley)

Creating the Puget Sound foundation to facilitate salmon recovery funding.

Referred to Committee on Natural Resources.

SB 5703 by Senator Hargrove

Allowing for the use of funds to dredge marine recreation land.

Referred to Committee on Natural Resources.

2SSB 5766 by Senate Committee on Ways & Means (originally sponsored by Senators Wojahn, Long, Franklin, Winsley, Rasmussen and Costa)

Modifying the duties of a long-term care ombudsman.

Referred to Committee on Health Care.

SSB 5781 by Senate Committee on Transportation (originally sponsored by Senators Eide, Swecker, Fraser and Costa; by request of Department of Ecology)

Extending the commute trip tax reduction credit.

Referred to Committee on Transportation.

SSB 5810 by Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators Fraser, T. Sheldon and Swecker)

Allowing for public access to an artesian well in specified cities.

Referred to Committee on Agriculture & Ecology.

ESSB 5811 by Senate Committee on Energy, Technology & Telecommunications (originally sponsored by Senators Brown, Prentice and Kohl-Welles)

Creating a program to advance universal telecommunications service.

Referred to Committee on Technology, Telecommunications & Energy.

2SSB 5821 by Senate Committee on Ways & Means (originally sponsored by Senators Eide, Morton, Patterson, Swecker, McAuliffe and Fraser)

Regulating designers of on-site wastewater treatment systems.

Referred to Committee on Commerce & Labor.

SSB 5822 by Senate Committee on Transportation (originally sponsored by Senators Haugen, Deccio, Gardner, Patterson, Eide, McCaslin, Costa and Long)

Requiring agreements between public transportation benefit areas and auto transportation companies operating therein.

Referred to Committee on Transportation.

ESSB 5866 by Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators Fraser, Prentice, Kline and Kohl-Welles; by request of Department of Agriculture)

Eliminating component registration of fertilizer products.

Referred to Committee on Agriculture & Ecology.

ESSB 5955 by Senate Committee on Transportation (originally sponsored by Senators Snyder, Haugen, McDonald, Benton and Prentice)

Adjusting composition and administration of the legislative transportation committee.

Referred to Committee on Transportation.

ESSB 5957 by Senate Committee on Agriculture & Rural Economic Development (originally sponsored by Senators Johnson, B. Sheldon, McDonald, Hale, Deccio, Costa, Wojahn and Roach)

Creating a food labeling task force.

Referred to Committee on Agriculture & Ecology.

SSB 6009 by Senate Committee on Transportation (originally sponsored by Senators Oke and Haugen; by request of Department of Licensing)

Authorizing nonphoto identification cards for disabled parking.

Referred to Committee on Transportation.

SSB 6031 by Senate Committee on Transportation (originally sponsored by Senators Haugen, Horn, Gardner, Patterson and Goings)

Facilitating regional transportation corridors.

Referred to Committee on Transportation.

SSB 6032 by Senate Committee on Ways & Means (originally sponsored by Senators Spanel, Honeyford and Gardner)

Granting the department of revenue the authority to issue direct payment permits.

Referred to Committee on Finance.

SJM 8010 by Senators Jacobsen and Oke

Requesting support for the full appropriation to fund state aquatic nuisance species management plans.

Referred to Committee on Natural Resources.

MOTION

On motion of Representative Kessler, the bills, memorial and resolution listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.

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

MOTION

On motion of Representative Kessler, the House adjourned until 10:00 a.m., Thursday, March 18, 1999, the 67^th Legislative Day.

TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker

DEAN R. FOSTER, Chief Clerk FRANK CHOPP, Speaker

1264

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

1448

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

1448 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

1464

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19

1493

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

1493 (2nd Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

1832

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

1893

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

1893 (2nd Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

1960

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

1960 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

1963

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

1963 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

2079

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

2079 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

2090

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

2090 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

2094

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

2094 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

2109

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

2109 (2nd Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

2177

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

2177 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

2254

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

2254 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

4001

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

4010

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

4010 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

4408

Introduced, Held on First Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

4655 Honoring Saint Patrick

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

5000 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5013

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5029 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5044

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5050 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5059 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5071

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5074 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5099 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5210 (2nd Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5268 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

5270

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5285 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5299 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5307

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

5312 (Sub)

Introduced, Held on First Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

5313 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5330

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5340 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

5349 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5378 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5424 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

5430 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5452 (2nd Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

5465 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5480 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5491 (Sub)

Introduced, Held on First Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

5492 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5495 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

5502

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

5510 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

5518 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5519

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

5538

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5557 (2nd Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

5560

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5563

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5564

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5593 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5595 (2nd Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

5609 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5611 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

5613

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

5619 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5631

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

5675

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5683 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

5703

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

5720

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5743 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5766 (2nd Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

5781 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

5793 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

5810 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

5811 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

5813 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5821 (2nd Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

5822 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

5843

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5866 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

5886

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5893 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5899 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5900 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5902 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5911

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5929 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5931 (2nd Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5955 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

5957 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

5989 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

6001 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

6009 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

6031 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

6032 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

8010

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

8205 (2nd Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

HOUSE OF REPRESENTATIVES (Speaker Chopp presiding)

Point of Order, Representative Lisk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Point of Personal Privilege, Representative Tokuda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

SPEAKER OF THE HOUSE (Speaker Chopp presiding)

Speaker's Ruling: Rule 17H Impugning motives; Point well taken. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Speaker's Ruling: Scope & Object: 1264, Amd 43; Point well taken. . . . . . . . . . . . . . . . . . . . . . . . . . . . .36