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EIGHTY-SEVENTH DAY
MORNING SESSION
House Chamber, Olympia, Wednesday, April 7, 1999
The House was called to order at 9:00 a.m. by Speaker Pro Tempore Pennington. 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 Brandun Anderson and Emily Hunter. Prayer was offered by Pastor Bob Cassis, Olympia Christian Reform Church.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGE FROM THE SENATE
April 6, 1999
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 1015,
SUBSTITUTE HOUSE BILL NO. 1016,
SUBSTITUTE HOUSE BILL NO. 1289,
ENGROSSED HOUSE BILL NO. 1459,
SUBSTITUTE HOUSE BILL NO. 1490,
SUBSTITUTE HOUSE BILL NO. 2071,
HOUSE JOINT MEMORIAL NO. 4004,
HOUSE JOINT MEMORIAL NO. 4011,
and the same are herewith transmitted.
Tony M. Cook, Secretary
Speaker Ballard assumed the chair.
RESOLUTION
HOUSE RESOLUTION NO. 99-4659, by Representatives Kenney, Carlson, Radcliff, Lantz, Gombosky, Edmonds, Esser, Dunn, Alexander, Anderson, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, B. Chandler, G. Chandler, Chopp, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Ericksen, Fisher, Fortunato, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, 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 and Wood.
WHEREAS, The students selected for special recognition as Washington Scholars in 1999 have distinguished themselves as exceptional students, student leaders, and as talented and enthusiastic participants in many diverse activities including art, debate, drama, honor societies, interscholastic sports, Junior Achievement, knowledge competitions, music, and student government; and
WHEREAS, These exemplary students have also contributed to the welfare of those less fortunate in their neighborhoods through volunteer efforts with community service organizations such as the United Way, Special Olympics, March of Dimes, Big Brothers, Big Sisters, community food drives, senior centers, scouting, and church groups; and
WHEREAS, The State of Washington benefits greatly from the accomplishments of these caring and gifted individuals, not only in their roles as students, but also as citizens, role models for other young people, and future leaders of our communities and our state; and
WHEREAS, Through the Washington Scholars Program, the Governor, the legislature, and the state's citizens have an opportunity to recognize and honor three outstanding seniors from each of the state's forty-nine legislative districts for the students' exceptional academic achievements, leadership abilities, and contributions to their communities;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor and congratulate the Washington Scholars for their hard work, dedication, contributions, and maturity in achieving this significant accomplishment; and
BE IT FURTHER RESOLVED, That the families of these students be commended for the encouragement and support they have provided to the scholars; and
BE IT FURTHER RESOLVED, That the principals, teachers, and classmates of these highly esteemed students be recognized for the important part they played in helping the scholars to learn, contribute, lead, and excel; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to each of the Washington Scholars selected in 1999.
Representative Kenney moved adoption of the resolution.
Representatives Kenney and Carlson spoke in favor of the adoption of the resolution.
House Resolution No. 99-4659 was adopted.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
ENGROSSED SENATE BILL NO. 5109, by Senators Patterson, McAuliffe, Prentice, Johnson, Hochstatter, Brown, Heavey, Kline, Finkbeiner, Benton, Winsley, Oke and Kohl-Welles
Creating limited immunity for school districts.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Judiciary (for committee amendment see Journal 82nd Day, April 2, 1999) was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
MOTIONS
On motion of Representative Schoesler, Representatives Buck and Van Luven were excused. On motion of Representative Wolfe, Representatives Scott, Edwards, Wood, Quall, Schual-Berke and Anderson were excused.
Representatives Constantine and McDonald spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Engrossed Senate Bill No. 5109, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5109, as amended by the House, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Quall, Schual-Berke, Scott, Van Luven and Wood - 8.
Engrossed Senate Bill No. 5109, as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5114, by Senators Honeyford, Thibaudeau and Deccio
Exempting certain hospitals from annual inspections.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Representative Wolfe, Representative Lantz was excused.
Representatives Cody and Campbell spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5114.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5114 and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 0, Excused - 9.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 89.
Excused: Representatives Anderson, Buck, Edwards, Lantz, Quall, Schual-Berke, Scott, Van Luven and Wood - 9.
Senate Bill No. 5114, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5125, by Senators Loveland, Rasmussen, Morton, Stevens, T. Sheldon and Honeyford
Giving direction to the commission on pesticide registration.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Agriculture and Ecology was adopted. (For committee amendment(s), see Journal, 82nd Day, April 2, 1999.)
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 Cooper spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5125 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5125 as amended by the House, and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 0, Excused - 9.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 89.
Excused: Representatives Anderson, Buck, Edwards, Lantz, Quall, Schual-Berke, Scott, Van Luven and Wood - 9.
Senate Bill No. 5125 as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5196, by Senators Johnson, Kline and Winsley
Resolving trust and estate disputes.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Esser and Hurst spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5196.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5196 and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Quall, Schual-Berke, Scott, Van Luven and Wood - 8.
Senate Bill No. 5196, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5197, by Senate Committee on Judiciary (originally sponsored by Senators Johnson and Kline)
Making technical corrections to the disclaimer statute.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Carrell and Constantine spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Substitute Senate Bill No. 5197.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5197 and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Quall, Schual-Berke, Scott, Van Luven and Wood - 8.
Substitute Senate Bill No. 5197, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5198, by Senators Johnson and Kline
Comporting with Internal Revenue Code language.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Esser and Hurst spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5198.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5198 and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Quall, Schual-Berke, Scott, Van Luven and Wood - 8.
Senate Bill No. 5198, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5211, by Senators Costa, Roach, Fairley, Goings, West and Winsley
Clarifying the jurisdiction over drunk drivers.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Constantine and Lambert spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5211.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5211 and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Quall, Schual-Berke, Scott, Van Luven and Wood - 8.
Senate Bill No. 5211, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5234, by Senate Committee on Judiciary (originally sponsored by Senators Long, Horn, Kline, Gardner, McCaslin, Zarelli, Roach, Hargrove, Kohl-Welles, Haugen, Franklin, Stevens, Thibaudeau, Oke, Winsley, Costa and Benton; by request of Department of Corrections)
Defining the crime of custodial sexual misconduct.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Ballasiotes and O'Brien spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Substitute Senate Bill No. 5234.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5234 and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Quall, Schual-Berke, Scott, Van Luven and Wood - 8.
Substitute Senate Bill No. 5234, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5253, by Senators Benton, Prentice, Winsley, Shin, Deccio, Heavey, Rasmussen, West, T. Sheldon, Hale, Gardner, Rossi and Oke; by request of Department of Licensing
Preventing a registered sex offender from holding a real estate license.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Clements and Hurst spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5253.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5253 and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Quall, Schual-Berke, Scott, Van Luven and Wood - 8.
Senate Bill No. 5253, having received the constitutional majority, was declared passed.
The House deferred action on Engrossed Substitute Senate Bill No. 5300, and the bill held its place on the second reading calendar.
SENATE BILL NO. 5307, by Senators Jacobsen, Swecker, Fraser and Kline; by request of Commissioner of Public Lands
Concerning reclamation of underground mine tailings.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Natural Resources was adopted. (For committee amendment(s), see Journal, 82nd Day, April 2, 1999.)
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Sump and Regala spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5307, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5307, as amended by the House, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Quall, Schual-Berke, Scott, Van Luven and Wood - 8.
Senate Bill No. 5307, as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5343, by Senators Jacobsen, Shin, Kohl-Welles, Costa, Thibaudeau and Gardner
Requiring that school information be included in the passport provided to foster parents.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Children and Family Services was adopted. (For committee amendment(s), see Journal, 82nd Day, April 2, 1999.)
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives D. Sommers and Tokuda spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5343 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5343 as amended by the House, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.
Excused: Representatives Anderson, Buck, Edwards, Quall, Scott, Van Luven and Wood - 7.
Senate Bill No. 5343 as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5347, by Senators Rasmussen, Honeyford, Prentice and Morton
Extending the period of time to expend funds from the fruit and vegetable district fund.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives B. Chandler and Cooper spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5347.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5347 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.
Excused: Representatives Anderson, Buck, Edwards, Quall, Scott, Van Luven and Wood - 7.
Senate Bill No. 5347, having received the constitutional majority, was declared passed.
The House deferred action on Senate Bill No. 5382 and Substitute Senate Bill No. 5399, and the bills held their places on the second reading calendar.
SENATE BILL NO. 5442, by Senators Kline, Roach and Wojahn
Increasing the defined amount of "nominal deposit" affecting real estate brokers.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Clements and Conway spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5442.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5442 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.
Excused: Representatives Anderson, Buck, Edwards, Quall, Scott, Van Luven and Wood - 7.
Senate Bill No. 5442, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5573, by Senate Committee on Judiciary (originally sponsored by Senators Horn, Johnson, Costa, Patterson and Winsley; by request of Washington State Patrol)
Improving criminal history record dispositions.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Carrell and Constantine spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Substitute Senate Bill No. 5573.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5573 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.
Excused: Representatives Anderson, Buck, Edwards, Quall, Scott, Van Luven and Wood - 7.
Substitute Senate Bill No. 5573, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5609, by Senate Committee on Ways & Means (originally sponsored by Senators Horn, Prentice, Winsley, Haugen and Costa; by request of Secretary of State)
Making awards for state employees' suggestions.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Campbell and Romero spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Substitute Senate Bill No. 5609.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5609 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.
Excused: Representatives Anderson, Buck, Edwards, Quall, Scott, Van Luven and Wood - 7.
Substitute Senate Bill No. 5609, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5634, by Senate Committee on Education (originally sponsored by Senators Finkbeiner, Zarelli, Hale, Oke, Deccio, Johnson, Hochstatter, Rossi, McDonald, Horn, Swecker and West)
Requiring school districts to adopt policies for the retention and promotion of students.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Education was adopted. (For committee amendment(s), see Journal, 82nd Day, April 2, 1999.)
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Carlson and Keiser spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Substitute Senate Bill No. 5634, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5634, as amended by the House, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.
Excused: Representatives Anderson, Buck, Edwards, Quall, Scott, Van Luven and Wood - 7.
Substitute Senate Bill No. 5634, as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5643, by Senators Gardner, Horn, McDonald and Oke; by request of Secretary of State
Revising laws on the state voters' pamphlet.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on State Government was adopted. (For committee amendment(s), see Journal, 82nd Day, April 2, 1999.)
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Campbell and Romero spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5643 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5643 as amended by the House, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.
Excused: Representatives Anderson, Buck, Edwards, Quall, Scott, Van Luven and Wood - 7.
Senate Bill No. 5643 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5651, by Senate Committee on Natural Resources, Parks & Recreation (originally sponsored by Senators Winsley and Loveland)
Requiring a purchaser of timber by contract to provide proof of payment of all taxes before release of a performance bond.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Sump and Regala spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Substitute Senate Bill No. 5651.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5651 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.
Excused: Representatives Anderson, Buck, Edwards, Quall, Scott, Van Luven and Wood - 7.
Substitute Senate Bill No. 5651, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5652, by Senators Bauer and Sellar
Increasing statutory limits on appraiser fees in eminent domain proceedings.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives DeBolt and Cooper spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5652.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5652 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.
Excused: Representatives Anderson, Buck, Edwards, Quall, Scott, Van Luven and Wood - 7.
Senate Bill No. 5652, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5664, by Senators Costa, Long, Kline, Hargrove, Thibaudeau, Wojahn, Franklin and Jacobsen
Renaming, with regard to adult and juvenile offenders, "community service" as "community restitution."
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Criminal Justice and Corrections was adopted. (For committee amendment(s), see Journal, 82nd Day, April 2, 1999.)
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Ballasiotes and Lovick spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5664, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5664, as amended by the House, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.
Excused: Representatives Anderson, Buck, Edwards, Quall, Scott, Van Luven and Wood - 7.
Senate Bill No. 5664, as amended by the House, having received the constitutional majority, was declared passed.
The House deferred action on Senate Bill No. 5670 and Senate Bill No. 5734, and the bills held their places on the second reading calendar.
SENATE BILL NO. 5772, by Senators Gardner, T. Sheldon, Rasmussen, Swecker, Prentice, Costa, McCaslin, Wojahn, Spanel, Goings and Oke; by request of Secretary of State
Strengthening confidentiality for victims of domestic violence.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Representative Wolfe, Representative Regala was excused.
Representatives Campbell and Romero spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5772.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5772 and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Quall, Regala, Scott, Van Luven and Wood - 8.
Senate Bill No. 5772, having received the constitutional majority, was declared passed.
The House deferred action on Engrossed Senate Bill No. 5897 and Senate Bill No. 5911, and the bills held their places on the second reading calendar.
SUBSTITUTE SENATE BILL NO. 5928, by Senate Committee on Judiciary (originally sponsored by Senator Prentice)
Extending immunity from liability to those who communicate a complaint or information to self-regulatory agencies.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Hurst spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Substitute Senate Bill No. 5928.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5928 and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Quall, Regala, Scott, Van Luven and Wood - 8.
Substitute Senate Bill No. 5928, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5954, by Senators Kline, Eide and Thibaudeau; by request of Department of Social and Health Services
Claiming the proceeds recovered on behalf of recipients of state assistance.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Pflug spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5954.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5954 and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Quall, Regala, Scott, Van Luven and Wood - 8.
Senate Bill No. 5954, having received the constitutional majority, was declared passed.
The House deferred action on Senate Bill No. 6025, and the bill held its place on the second reading calendar.
SENATE BILL NO. 6030, by Senator Snyder
Expanding the designation of the Lewis and Clark Highway.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hankins and Cooper spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 6030.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6030 and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Quall, Regala, Scott, Van Luven and Wood - 8.
Senate Bill No. 6030, having received the constitutional majority, was declared passed.
There being no objection, the bills passed by the House were immediately transmitted to the Senate.
SENATE BILL NO. 5628, by Senators Gardner, Heavey, Shin, Prentice, Winsley and T. Sheldon
Modifying license duration and continuing education requirements for accountants.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Commerce & Labor was adopted. (For committee amendment(s), see Journal, 78th Day, March 29, 1999.)
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Carlson spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5628, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5628, as amended by the House, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, 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, Radcliff, Reardon, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Quall, Regala, Scott, Van Luven and Wood - 8.
Senate Bill No. 5628, as amended by the House, having received the constitutional majority, was declared passed.
THIRD READING
On April 6, 1999, notice was given for a motion of reconsideration on Senate Bill No. 5005. There being no objection, the House immediately reconsidered Senate Bill No. 5005 and the bill was returned to second reading for purposes of amendment.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 5005, by Senators Loveland, Haugen, Winsley and Rasmussen
Allowing signing of safer routes to tourist-oriented businesses.
Representative McMorris moved the adoption of amendment (144):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 47.36.320 and 1986 c 114 s 2 are each amended to read as follows:
The department is authorized to erect and maintain specific information panels within the right of way of both the primary system and the scenic system to give the traveling public specific information as to gas, food, recreation, or lodging available off the primary or scenic highway accessible by way of highways intersecting the primary or scenic highway. Such specific information panels and tourist-oriented directional signs shall be permitted only at locations within the corporate limits of cities and towns and areas zoned for commercial or industrial uses where there is adequate distance between interchanges to ensure compliance with the provisions of Title 23 C.F.R. Secs. 655.308(a) and 655.309(a). Specific information panels shall include the words "GAS," "FOOD," "RECREATION," or "LODGING" and directional information and may contain one or more individual business signs maintained on the panel. The erection and maintenance of specific information panels along primary or scenic highways shall conform to the national standards promulgated by the United States secretary of transportation pursuant to sections 131 and 315 of Title 23 United States Code and rules adopted by the state department of transportation including the manual on uniform traffic control devices for streets and highways. A motorist service business located within one mile of a state highway shall not be permitted to display its name, brand, or trademark on a specific information panel unless its owner has first entered into an agreement with the department limiting the height of its on-premise signs at the site of its service installation to not more than fifteen feet higher than the roof of its main building.
The department shall adopt rules for the erection and maintenance of tourist-oriented directional signs with the following restrictions:
(1) Where installed, they shall be placed in advance of the "GAS," "FOOD," "RECREATION," or "LODGING" specific information panels previously described in this section;
(2) Signs shall not be placed to direct a motorist to an activity visible from the main traveled roadway;
(3) Premises on which the qualified tourist-oriented business is located must be within fifteen miles of the state highway except as provided in RCW 47.36.330(3) (b) and (c), and necessary supplemental signing on local roads must be provided before the installation of the signs on the state highway.
The department shall charge reasonable fees for the display of individual business signs to defray the costs of their installation and maintenance.
Sec. 2. RCW 47.36.330 and 1985 c 142 s 3 are each amended to read as follows:
(1) Not more than six business signs may be permitted on specific information panels authorized by RCW 47.36.310 and 47.36.320.
(2) The maximum distance that eligible service facilities may be located on either side of an interchange or intersection to qualify for a business sign are as follows:
(a) On fully-controlled, limited access highways, gas, food, or lodging activities shall be located within three miles. Camping activities shall be within five miles.
(b) On highways with partial access control or no access control, gas, food, lodging, or camping activities shall be located within five miles.
(3)(a) If no eligible services are located within the distance limits prescribed in subsection (2) of this section, the distance limits shall be increased until an eligible service of a type being considered is reached, up to a maximum of fifteen miles.
(b) The department may erect and maintain signs on an alternate route that is longer than fifteen miles if it is safer and still provides reasonable and convenient travel to an eligible service.
(c) The department may erect and maintain signs on a route up to a maximum of twenty miles if it qualifies as an eligible service and is within a distressed area under the criteria of chapter 43.165 RCW."
Representative McMorris spoke in favor of the adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Representative Wolfe, Representative Linville was excused.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5005, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5005, as amended by the House, and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 0, Excused - 9.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 89.
Excused: Representatives Anderson, Buck, Edwards, Linville, Quall, Regala, Scott, Van Luven and Wood - 9.
Senate Bill No. 5005, as amended by the House, having received the constitutional majority, was declared passed.
THIRD READING
On April 6, 1999, notice was given for a motion of reconsideration on Substitute Senate Bill No. 5513. There being no objection, the House immediately reconsidered Substitute Senate Bill No. 5513 and the bill was returned to second reading for purposes of amendment.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
SUBSTITUTE SENATE BILL NO. 5513, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Costa, Long, Franklin, Zarelli, Heavey, Hargrove, T. Sheldon, Rossi and Shin)
Augmenting provisions for execution witnesses.
The bill was read the second time.
Representative O'Brien moved the adoption of amendment (146):
On page 2, line 4, after "representatives." strike "The chief law enforcement officer of the jurisdiction where the crime was committed shall designate the law enforcement representatives." and insert "The chief executive officer of the agency that investigated the crime shall designate the law enforcement representatives."
Representative O'Brien spoke in favor of the adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Ballasiotes and O'Brien spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Substitute Senate Bill No. 5513, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5513, as amended by the House, and the bill passed the House by the following vote: Yeas - 79, Nays - 11, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Ericksen, Esser, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Pflug, Radcliff, Reardon, Rockefeller, Romero, Ruderman, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Wensman, Mr. Speaker Ballard and Mr. Speaker Chopp - 79.
Voting nay: Representatives Cody, Constantine, Edmonds, Fisher, Kagi, Miloscia, Murray, Poulsen, Santos, Veloria and Wolfe - 11.
Excused: Representatives Anderson, Buck, Edwards, Linville, Quall, Regala, Van Luven and Wood - 8.
Substitute Senate Bill No. 5513, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 5897, by Senators Costa, Winsley, Thibaudeau and Oke; by request of Attorney General
Informing purchasers of cigarettes of adverse health consequences and whether the cigarettes were manufactured for consumption within the United States.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Commerce & Labor was adopted. (For committee amendment(s), see Journal, 71st Day, March 22, 1999.)
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 Conway spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Engrossed Senate Bill No. 5897, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5897, as amended by the House, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 90.
Excused: Representatives Anderson, Buck, Edwards, Linville, Quall, Regala, Van Luven and Wood - 8.
Engrossed Senate Bill No. 5897, as amended by the House, having received the constitutional majority, was declared passed.
Speaker Ballard called upon Representative Pennington to preside.
SUBSTITUTE SENATE BILL NO. 5399, by Senate Committee on Judiciary (originally sponsored by Senators Rossi, Kline, Costa and McCaslin)
Changing provisions relating to traffic offenses.
The bill was read the second time.
Representative Hurst moved the adoption of amendment (145):
On page 5, after line 2, insert the following:
"Sec. 1. RCW 46.20.308 and 1998 c 213 s 1, 1998 c 209 s 1, 1998 c 207 s 7, and 1998 c 41 s 4 are each reenacted and amended to read as follows:
(1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503.
(2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and being under the age of twenty-one. However, in those instances where the person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample or where the person is being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility in which a breath testing instrument is not present or where the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(4). The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506. The officer shall warn the driver that:
(a) His or her license, permit, or privilege to drive will be revoked or denied if he or she refuses to submit to the test;
(b) His or her license, permit, or privilege to drive will be suspended, revoked, or denied if the test is administered and the test indicates the alcohol concentration of the person's breath or blood is 0.08 or more, in the case of a person age twenty-one or over, or in violation of RCW 46.61.502, 46.61.503, or 46.61.504 in the case of a person under age twenty-one; and
(c) His or her refusal to take the test may be used in a criminal trial.
(3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person, a breath or blood test may be administered without the consent of the individual so arrested.
(4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section.
(5) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section.
(6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a test or tests of the person's blood or breath is administered and the test results indicate that the alcohol concentration of the person's breath or blood is 0.08 or more if the person is age twenty-one or over, or is in violation of RCW 46.61.502, 46.61.503, or 46.61.504 if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest results in a test of the person's blood, shall:
(a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive as required by subsection (7) of this section;
(b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (8) of this section;
(c) Mark the person's Washington state driver's license or permit to drive, if any, in a manner authorized by the department;
(d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial of the person's license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit that it replaces; and
(e) Immediately notify the department of the arrest and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by RCW 9A.72.085 that states:
(i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol concentration in violation of RCW 46.61.503;
(ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of his or her blood or breath, or a test was administered and the results indicated that the alcohol concentration of the person's breath or blood was 0.08 or more if the person is age twenty-one or over, or was in violation of RCW 46.61.502, 46.61.503, or 46.61.504 if the person is under the age of twenty-one; and
(iii) Any other information that the director may require by rule.
(7) The department of licensing, upon the receipt of a sworn report or report under a declaration authorized by RCW 9A.72.085 under subsection (6)(e) of this section, shall suspend, revoke, or deny the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or denial to be effective beginning sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.
(8) A person receiving notification under subsection (6)(b) of this section may, within thirty days after the notice has been given, request in writing a formal hearing before the department. The person shall pay a fee of one hundred dollars as part of the request. If the request is mailed, it must be postmarked within thirty days after receipt of the notification. Upon timely receipt of such a request for a formal hearing, including receipt of the required one hundred dollar fee, the department shall afford the person an opportunity for a hearing. The department may waive the required one hundred dollar fee if the person is an indigent as defined in RCW 10.101.010. Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means. The hearing shall be held within sixty days following the arrest or following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license marked under subsection (6)(c) of this section extended, if the person is otherwise eligible for licensing. For the purposes of this section, the scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration in violation of RCW 46.61.503 and was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered without express consent as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was 0.08 or more if the person was age twenty-one or over at the time of the arrest, or was in violation of RCW 46.61.502, 46.61.503, or 46.61.504 if the person was under the age of twenty-one at the time of the arrest. The sworn report or report under a declaration authorized by RCW 9A.72.085 submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration in violation of RCW 46.61.503 and was under the age of twenty-one and that the officer complied with the requirements of this section.
A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented by counsel, may question witnesses, may present evidence, and may testify. The department shall order that the suspension, revocation, or denial either be rescinded or sustained.
(9) If the suspension, revocation, or denial is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, or denied has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the same manner as an appeal from a decision of a court of limited jurisdiction. Notice of appeal must be filed within thirty days after the date the final order is served or the right to appeal is waived. Notwithstanding RCW 46.20.334, RALJ 1.1, or other statutes or rules referencing de novo review, the appeal shall be limited to a review of the record of the administrative hearing. The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer. The filing of the appeal does not stay the effective date of the suspension, revocation, or denial. A petition filed under this subsection must include the petitioner's grounds for requesting review. Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, or denial as expeditiously as possible. The review must be limited to a determination of whether the department has committed any errors of law. The superior court shall accept those factual determinations supported by substantial evidence in the record: (a) That were expressly made by the department; or (b) that may reasonably be inferred from the final order of the department. The superior court may reverse, affirm, or modify the decision of the department or remand the case back to the department for further proceedings. The decision of the superior court must be in writing and filed in the clerk's office with the other papers in the case. The court shall state the reasons for the decision. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revocation, or denial it may impose conditions on such stay.
(10) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, or denied under subsection (7) of this section, other than as a result of a breath or blood test refusal, and who has not committed an offense within the last five years for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (7) of this section, the court may direct the department to stay any actual or proposed suspension, revocation, or denial for at least forty-five days but not more than ninety days. If the court stays the suspension, revocation, or denial, it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked under subsection (6) of this section, for the period of the stay. If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary marked license or extension of a temporary license issued under this subsection.
A suspension, revocation, or denial imposed under this section, other than as a result of a breath or blood test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.
(11) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license."
Renumber the sections consecutively and correct the title and any internal references accordingly.
Representative Carrell requested a Scope and Object ruling on amendment 145 to Substitute Senate Bill No. 5399.
The House deferred action on Substitute Senate Bill No. 5399, and the bill held its place on the second reading calendar.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Lisk, the House adjourned until 10:00 a.m., Thursday, April 8, 1999, the 88th Legislative Day.
TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker
DEAN R. FOSTER, Chief Clerk FRANK CHOPP, Speaker
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5005
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
5109
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
5114
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
5125
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
5196
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
5197 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
5198
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
5211
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
5234 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
5253
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
5300 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
5307
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
5343
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5347
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5382
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
5399 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11, 27
5442
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5513 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
5573 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5609 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5628
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5634 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5643
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5651 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5652
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5664
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5670
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
5734
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
5772
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5897
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
5911
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
5928 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5954
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
6025
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
6030
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
HOUSE OF REPRESENTATIVES (Speaker Ballard presiding)
Point of Order, Representative Carrell. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27